Bars to Petitions: Elections

(1) Contract Bar. (a) Except for good cause shown, no petition filed under the provisions of M.G.L. c. 150E, § 4 shall be entertained during the term of an existing valid collective bargaining agreement, unless such petition is filed no more than 180 days and no fewer than 150 days prior to the termination date of said agreement. No collective bargaining agreement shall operate as a bar for a period of more than three years. (b) Except for good cause shown, no petition seeking clarification or amendment of an existing bargaining unit shall be entertained during the term of an existing valid collective bargaining agreement, unless such petition is filed no more than 180 days and no fewer than 150 days prior to the termination date of said agreement, except that a petition to alter the composition or scope of an existing unit by adding or deleting job classifications created or whose duties have been substantially changed since the effective date of the collective bargaining agreement may be entertained at other times. (c) Except for good cause shown, no collective bargaining agreement shall operate as a bar, unless an electronic copy of the agreement has been filed with the Department in accordance with 456 CMR 16.01: Filing of Contracts. (d) Except for good cause shown, no collective bargaining agreement shall operate as a bar unless, the employee organization has filed or amended its Employee Organization Information Report (Department-Form 1), filed pursuant to 456 CMR 16.05(1), to include the effective dates of the agreement. (e) If a petition is filed challenging the contract bar because of a failure to comply with 456 CMR 14.06(1)(c) or (d), the Department shall provide notice to the incumbent employee organization and the employer notifying them of the pending petition and of their non-compliance. The incumbent employee organization and the employer shall have a period of no more than 30 days to cure this failure to comply. The contract bar shall then attach as if there had been compliance with 456 CMR 14.00. (2) Withdrawal/Disclaimer Bar. (a) Except for good cause shown, no petition filed under the provisions of M.G.L. c. 150E, § 4 shall be entertained in any bargaining unit or subdivision thereof within which, after the approval of an agreement for consent election or the close of a hearing, but before the holding of the election, the petitioner withdrew from a prior petition within the preceding six months. (b) Except for good cause shown, no petition filed under the provisions of M.G.L. c. 150E, § 4 shall be entertained in any bargaining unit or subdivision thereof within which, after the approval of an agreement for consent election or the close of a hearing, but before the holding of the election, the petitioner disclaimed interest in continued representation of the bargaining unit within the preceding six months. (c) Except for good cause shown, no petition filed under the provisions of M.G.L. c.150E, § 4 shall be entertained in the same or similar bargaining unit or subdivision thereof in which, after the designation of a neutral, but before the verification process, the petitioner withdrew in the preceding six months a petition for written majority authorization filed pursuant to 456 CMR 14.19. (3) Election Year/Verification Bar. Except for good cause shown, no election shall be directed by the Department pursuant to M.G.L. c. 150E, § 4 in the same or similar bargaining unit or subdivision thereof within which a valid election has been held in the preceding 12 months or within which a neutral has conducted a written majority authorization verification process in the preceding 12 months pursuant to 456 CMR 14.19. (4) Certification Year Bar. Except for good cause shown, the Department shall not process a petition for an election in any bargaining unit or subdivision thereof represented by a certified bargaining representative when the Department has issued a certification of representative or certification by written majority authorization within the preceding 12 months. (5) Recognition Year Bar. Except for good cause shown, no petition for an election shall be processed by the Department pursuant to M.G.L. c. 150E, § 4 in any represented bargaining unit or any subdivision thereof in which a recognition agreement has been executed in accordance with the provisions of 456 CMR 14.06(5) in the preceding 12-month period. For the purpose of 456 CMR 14.06(5) recognition shall not be extended to an employee organization unless: (a) The employer in good faith believes that the employee organization has been designated as the freely chosen representative of a majority of the employees in an appropriate bargaining unit; (b) The employer has posted a notice in all conspicuous places where members of the proposed bargaining unit usually congregate and where notices to these employees are usually posted for a period of at least 20 consecutive days advising all persons that it intends to grant such exclusive recognition to the named employee organization without an election in the specified bargaining unit. If the employer customarily communicates to its employees via intranet or email, it has also forwarded a copy of the notice to all affected employees via those methods; (c) The employer shall not extend recognition to an employee organization if another employee organization has within the 20 day period notified the employer of a claim to represent any of the employees involved in said bargaining unit and has prior to or within such period filed a valid petition for certification which is pending before the Department; (d) Such recognition is in writing and describes specifically the bargaining unit involved and is signed and dated by the employer's representative and the employee organization's representative; (e) The employer has verified with the Department that the employee organization has filed an Employee Organization Information Report (Department-Form 1) and an Employee Organization Financial Report (Department-Form 2) pursuant to M.G.L. c. 150E, §§ 13 and 14; (f) The employer has filed a copy of the recognition agreement required by 456 CMR 14.06(5)(d) with the Department within seven days of its execution by both parties accompanied by a statement attesting to the employer's good faith belief required by 456 CMR 14.06(5)(a), and the dates of compliance with its posting requirements in 456 CMR 14.06(5)(b); and (g) If a petition is filed challenging the recognition bar because of a failure to comply with 456 CMR 14.06 (5), the Department shall provide notice to the voluntarily recognized employee organization and the employer notifying them of the pending petition and of the non-compliance. The employer shall have a period of no more than 30 days to cure this failure to comply. The recognition bar shall then attach as if there had been compliance with 456 CMR 14.00.