Section 180-11-3 - When Parties Agree, Petitions Are Not Necessary Petitions are not necessary when the parties have agreed on the composition of the bargaining unit or when the employer has agreed to voluntarily recognize the bargaining agent.
1.Agreement on Bargaining Unit. When the parties agree that certain categories of jobs constitute an appropriate unit, the parties shall sign an Agreement on Appropriate Bargaining Unit form (MLRB Form 1) and file it with the Board. The unit agreed to in a properly-filed MLRB Form 1 may not be challenged by either party for a period of one year from the date of filing with the Board. The MLRB Form 1 may be modified or withdrawn by agreement of the parties at any time, as long as there is no pending question concerning representation. An MLRB Form 1 submitted to modify a unit should indicate that nature of the modification.2.Voluntary Recognition of Bargaining Agent. When the parties agree that a prospective bargaining agent represents the majority of employees in an established bargaining unit, they shall file a Voluntary Recognition Form (MLRB Form 3) with the Board. The voluntary recognition may not be challenged for one year from the completion of the posting period required by the executive director under section 15 of this Chapter.3.Notice to Employees of Agreement or Recognition. Once a voluntary recognition form or an agreement on appropriate bargaining unit has been properly filed, the executive director shall issue Notices to Employees of the filing. The notices must advise employees of the unit agreement or voluntary recognition, generally describe the rights of employees and explain the legal effect of the filing. The notices must be distributed or posted by the employer in accordance with section 15 of this Chapter.12- 180 C.M.R. ch. 11, § 3