Section 180-11-61 - Unit merger Bargaining units subject to the Municipal Public Employees Labor Relations Law may be merged in accordance with 26 M.R.S.A. §966(4) and these rules. If the same certified or currently recognized bargaining agent represents multiple bargaining units with the same public employer, either the employer or the bargaining agent may file a request to merge those bargaining units with the executive director.
1.When Parties Agree on Merger. When the certified or recognized bargaining agent and the public employer agree to merge two or more bargaining units into one, they shall sign an agreement to that effect and submit it to the Board. The standard Agreement on Appropriate Unit Form may be used for this purpose, indicating that the purpose of the agreement is to merge the units. The Board will prepare a Notice to Employees describing the agreement to merge units and giving the affected employees a reasonable period in which to object. If an objection is received by the Board from an employee in any of the affected units, a merger election will be conducted in accordance with subsection 2. 2.Merger Election Requested. When a petition for merger election is filed or when an employee objects to a merger agreed upon by the parties, the executive director shall order a merger election. The election will determine whether a majority of the employees voting in each bargaining unit wish to be within the expanded unit. The only question on the ballot in a merger election is approval or disapproval of the proposed merger. The executive director shall certify the bargaining agent for an expanded unit consisting of any bargaining units in which a majority of the employees voting approved the merger. The election procedures must otherwise conform with sections 41 to 58. 3.Decertification Elections Take Precedence. If a petition has been filed by a competing organization for decertification of the current bargaining agent for any of the bargaining units subject to the merger, then the decertification petition takes precedence over a petition to merge bargaining units.4.Frequency. Unsuccessful petitioners may not renew their merger requests within one year of the date of the filing of an unsuccessful petition.5.Supervisors and Teachers. A bargaining unit composed of a majority of supervisors may not merge under this rule with any other unit nor may a bargaining unit of teachers merge with a bargaining unit of nonprofessional employees. In such cases, a unit determination petition is necessary.12- 180 C.M.R. ch. 11, § 61