Section 180-11-81 - Disclaimer of Interest A certified or recognized bargaining agent may disclaim interest in representing a bargaining unit in accordance with this rule.
1.Contents of Request. A certified or recognized bargaining agent wishing to disclaim interest in representing a bargaining unit must file a written request with the executive director. The request must include an assertion by the bargaining agent that no collective bargaining agreement covering bargaining unit members is in effect and that the bargaining agent has no outstanding financial obligations related to election costs, the grievance process, including arbitration, or impasse resolution proceedings.2.Posting of Disclaimer Notice. If there is no collective bargaining agreement in effect and the bargaining agent asserts that there are no outstanding financial obligations, the executive director will prepare a Notice of Disclaimer for posting by the employer or for distribution directly to the affected employees. If there is a collective bargaining agreement in effect, the Notice of Disclaimer will not be distributed until the contract has expired. The Board may require the disclaiming union to provide the Board with the mailing addresses of all unit members to enable the Board to distribute notices of the petition for disclaimer.3.Objection to Disclaimer. The petition to disclaim must be denied upon the objection of any interested party. An objection must be received within 15 calendar days of the issuance of the Notice.4.Consideration of Objection. After receipt of an objection to a petition to disclaim, the executive director shall consider the nature of the objection and take appropriate action. This action may include formal or informal mechanisms to resolve the dispute, granting or denying the petition to disclaim or scheduling a decertification election. The decision of the executive director may be appealed to the Board in accordance with section 30 of this Chapter.5.Effect of Disclaimer. Upon approval of a request to disclaim interest, the executive director shall revoke certification or recognition. The petitioner is not allowed to file, or intervene in, a petition to represent employees in the disclaimed bargaining unit for a one-year period following the date of the order revoking certification or recognition.12- 180 C.M.R. ch. 11, § 81