Current through 2024-51, December 18, 2024
Section 180-11-11 - Response to Unit Determination Petition A written response to a unit determination petition must be filed with the Board within 15 calendar days of the date the Board provided the respondent with a copy of the petition. The response must indicate whether the respondent agrees that the unit proposed by the petitioner is appropriate and the basis of any objection. A copy of the response must be simultaneously served on the petitioner and any other respondents. If no response is filed by a respondent within the 15-day response period, or within an extension of time allowed by the executive director, the respondent will be deemed to have agreed to the appropriateness of the unit as proposed by the petitioner.
1.Challenge to Showing of Interest. If the employer wishes to challenge the showing of interest, the employer must include with its response an alphabetized list of all employees in the classifications specified by the petitioner for inclusion in any proposed unit. The alphabetized list must indicate the job classification of each employee. If the employer fails to provide the list, the Board will determine the adequacy of the showing of interest based upon the petitioner's estimated number of employees in the proposed unit. If the employer challenges the authenticity of the signatures, copies of the employees' signatures must be provided for comparison by the Board.2.Disagreement on Appropriateness of Unit. If the respondent disagrees with any proposed unit, the response must include a detailed description of the unit which it considers to be appropriate. The respondent shall estimate the total number of employees in that unit, state the classifications of employees sought to be included in and excluded from the unit and estimate the number of employees in each classification.3.Exclusions Claimed. If less than all positions in any specific classification are proposed by the respondent to be included in or excluded from the unit, the response must contain a listing and description of the positions to be included and excluded together with the statutory basis for each proposed inclusion and exclusion.12- 180 C.M.R. ch. 11, § 11