12- 180 C.M.R. ch. 11, § 8

Current through 2024-51, December 18, 2024
Section 180-11-8 - Showing of Interest and Employee Authorization

The required showing of interest forms that accompany a petition for unit determination, bargaining agent election or decertification, and the required employee authorization forms that accompany a petition for bargaining agent certification by majority sign-up, must be submitted to the Board only. The Board will determine the adequacy of the showing of interest or employee authorization based upon the estimated number of employees in the proposed unit. The showing of interest forms and employee authorization forms must comply with the following requirements.

1.Form of Evidence. The showing of interest or employee authorization must consist of original separate documents, with a separate document being signed by each individual prospective unit employee who supports creation of the bargaining unit or representation, and may be in the form of effective membership or authorization cards or statements. Any form of evidence filed with the Board pursuant to this rule must contain, at a minimum:
A. The signature of the employee;
B. The typewritten or printed name of the employee;
C. A handwritten indication of the date the employee's signature was obtained; and
D. For a showing of interest, a statement that the person signing desires to be represented by the petitioner for the purposes of collective bargaining.
E. For an employee authorization, a statement that the person signing designates the employee organization as the person's bargaining representative for the purposes of collective bargaining.

Any signature which is undated or which shows that it was obtained more than 6 months prior to the filing of the showing of interest or employee authorization with the Board is invalid for the purposes of calculating the showing of interest or employee authorization. Sample showing of interest forms and employee authorization forms are available from the Board.

2.Acceptance of Evidence. The executive director shall make the determination administratively on whether the showing of interest or employee authorization evidence is satisfactory in form or quantity. That determination is subject to review only by the Board, on the basis that specific portions of the showing were obtained by collusion, coercion, forgery, intimidation, fraud or misrepresentation, or are otherwise invalid.

12- 180 C.M.R. ch. 11, § 8