Filing Cases Before the Higher Education Labor Relations Board
There are a variety of cases that may be filed with the State Higher Education Labor Relations Board.
Representation Election Forms (please refer to Board Regulations at COMAR 14.30.04.01 et seq)
This form may be completed and filed by an employee organization wishing to become the exclusive representative of a particular bargaining unit, where there is currently no incumbent union in place. Such a petition must be accompanied by cards signed by 30% of the employees in the bargaining unit, expressing an interest in being represented by the employee organization.
This form may be completed and filed by a bargaining unit employee wishing to decertify the current exclusive representative for that particular bargaining unit. Such a petition must be accompanied by cards representing that at least 30% of the bargaining unit are no longer interested in being represented by the employee organization.
This form may be completed and filed by an employee organization wishing to replace an incumbent exclusive representative for a particular bargaining unit. Please note, as per Board regulations, that this filing will only be accepted by the Board at the following times:
at least two years after a representation election, or
within a 120 to 90 day window before a current Memorandum of Understanding (with a term of three years) is set to expire.
Also, as above, a Decertification/Certification petition must be accompanied by cards representing that 30% of the employee unit wishes both to not to be represented by the incumbent union, and that they wish to be represented by the petitioning employee organization.
HELRB Unit Clarification Form
(please refer to Board Regulations at COMAR 14.30.04.10)
This form may be completed and filed when there is uncertainty about whether a job classification is included within a particular bargaining unit. This form may be completed by either an exclusive representative or by a state employer and must at minimum set forth, in details, the reasons that the employee(s) should be, or should no longer be, included in the applicable bargaining unit.
HELRB Unfair Labor Practice Complaint
(please refer to State Personnel & Pension Article s. 3-306 and Board Regulations at COMAR 14.30.07.01 & 14.30.07.02)
This form may be completed and filed by either an exclusive representative, a state employee, or group of employees, or a state employer if there is an allegation that either the exclusive representative or the state employer has violated the Collective Bargaining Law.
Parties involved in election proceedings before the Board may file their own description of allegations of misconduct during the election, describing in great detail how those events potentially impacted the results of the election.