1. (1) Request. A TND Organization that has been designated as the bargaining representative of at least 5% of Active TNDs in the bargaining unit may petition the Department to conduct an election. The petition must be submitted to the Department within one year of the Department’s determination that the TND Organization has been designated by at least 5% of Active TNDs.

2. (2) If a request for election based upon a 5% showing of interest is not barred by 456 CMR 24.00, upon receipt of the petition, the Department shall post a notice of election on its website. Such notice shall be provided to:

   1. (a) all TNCs;
   2. (b) the incumbent exclusive bargaining representative, if any; and
   3. (c) any TND Organization that the Department has determined to be the bargaining representative of at least 5% of Active TNDs within the 12 months immediately preceding the date of the notice of election.

The notice shall include information about the petitioner(s) and the dates and methods of voting. Upon receipt of the Department’s notice, the TNCs shall send such notice to Active TNDs using all electronic or digital means through which they customarily communicate with TNDs, including but not limited to text message, email, and app-based message.

1. (3) In the event of an election, any TND Organization, including the incumbent exclusive bargaining representative, if any, wishing to appear on the ballot, may file a motion to intervene in the election. Except for good cause shown, all motions to intervene shall be filed within seven days of the posting of the notice of election set forth in 456 CMR 24.08(2). Any incumbent exclusive representative who does not file a motion to intervene in accordance with 456 CMR 24.08 shall be deemed to have disclaimed interest in representing the TNDs and shall not appear on any ballot.
2. (4) Any motion filed under 456 CMR 24.08(3) shall be accompanied by the information and Designation of Bargaining Representative evidence set forth in 456 CMR 24.05 and 24.06,except that a motion to intervene filed either by the incumbent exclusive representative or by a TND Organization that the Department has determined be the bargaining representative of at least 5% of Active TNDs within the previous six months, need not comply with the requirements set forth in 456 CMR 24.05 and 24.06.
3. (5) 5% Election Year Bar. Except for good cause shown, the Department will not conduct an election based upon a 5% showing of interest if the Department has conducted an election based upon a 5% showing of interest in the previous 12 months.
4. (6) The provision of 456 CMR 24.10 shall apply insofar as applicable to elections conducted pursuant to 456 CMR 24.08.