Section 180-11-82 - Revocation of Certification in Inactive Unit The executive director may revoke the certification of a bargaining agent that has been inactive for 5 or more years if there is no evidence of any activity in the Board's records and no evidence of activity is received by the Board following the notice requirements of this rule.
1.Inactive Bargaining Unit. If the Board's records indicate that a certified or recognized bargaining agent has been inactive for a period of five or more years, the Board may solicit information from the parties on the continued existence of a collective bargaining relationship in that bargaining unit. The Board may request a copy of any document demonstrating that a collective bargaining relationship exists or existed during the previous 5 years or that the bargaining agent submitted a written request to meet and negotiate during that same time period. If any evidence is presented that indicates that the bargaining agent has been active during the previous 5 years, the Board may not revoke certification under this section. Evidence should be liberally viewed in favor of continued certification.2.Posting of Notice. If the Board is not able to find any evidence that the bargaining agent has been active in the past 5 years by contacting the employer, the bargaining agent of record or any likely successors, the Board must issue a Notice to Employees concerning the potential revocation of bargaining agent certification before any action may be taken. The notice must state the name of the certified or recognized bargaining agent, the nature and date of the most recent collective bargaining activity known to the Board and the time period during which objections to the Board revocation of certification must be filed. This posting period must be at least 15 calendar days and, for school units, may not include school vacation periods.3.Objections. Any party objecting to the Board revocation of certification must contact the Board within the time period specified in the notice and provide evidence in support of its position within a reasonable time thereafter. The collective bargaining activity serving as the basis of the objection must have occurred prior to the date of the Notice to Employees issued by the Board.4.Notice to Other Parties. Any Notice of Revocation of Certification distributed will also be sent to any person or organization that has previously notified the Board of its desire to receive such notices.12- 180 C.M.R. ch. 11, § 82