If the Division agent learns that there is an incumbent employee organization, the agent notifies the incumbent employee organization that, pursuant to 456 CMR 14.18, it has thirty (30) days from the date of the Division's Notice of Hearing to file a Motion to Intervene. The incumbent need not file a showing of interest. 456 CMR 14.05(3). If an incumbent files a Motion to Intervene, other parties to the petition have seven (7) days to file an opposition. 456 CMR 13.07. Upon the expiration of the seven-day period, the Division decides whether to allow the Motion to Intervene and notifies the parties of its decision.

If the incumbent employee organization indicates to the Division agent that it does not wish to intervene, the agent send a letter to the incumbent employee organization, with copies to the employer and the petitioner, confirming that the incumbent employee organization has decided not to intervene. The failure of an incumbent employee organization to file a timely motion to intervene is treated as a disclaimer of interest in representing the employees in the petitioned-for bargaining unit and the incumbent will not be on any ballot or be considered a necessary party to any agreement for consent election. 456 CMR 14.18(1). The agent notifies the parties that the Division will continue to process the petition without the participation of the incumbent employee organization.