(2) The requesting TND organization must submit sufficient and valid Designation of Representative Evidence pursuant to 456 CMR 24.05 showing which TNDs have designated it as their bargaining representative.

1. (a) A TND may revoke any Designation of Bargaining Representative evidence previously submitted to a TND Organization. The Department will consider such revocations only for the purpose of determining whether to certify a TND Organization without an election pursuant to 456 CMR 24.09. The Department will not consider any revocations that are submitted after the TND Organization files a request to be certified without an election pursuant to 456 CMR 24.09. To be valid, a revocation must include a statement that is sufficient to indicate that the TND is revoking any prior authorization, petition, or other Designation of Representative evidence that the TND submitted to the TND Organization that authorized the TND Organization to act as the TND’s exclusive bargaining representative and to negotiate on the TND’s behalf with respect to pay, hours, and other terms and conditions of work. Subject to privacy and operational considerations, the revocations must also include whatever information the Department deems reasonable and necessary to match the revocation to a previously signed and submitted Designation of Representative evidence.
2. (b) The Department will timely review all the designation evidence provided and determine whether at least 25% of Active TNDs have designated the TND organization as their bargaining representative. In determining whether a TND organization is the bargaining representative of at least 25% of Active TNDs in the bargaining unit, the operative list of Active TNDs shall be based on the most recent quarterly list provided by the TNCs in accordance with M.G.L. c. 150F, § 5(A). The Department will promptly notify the TND Organization and the TNCs of its determination.
3. (c) After reviewing the submitted evidence, the Department will separately provide documentation to the TND Organization that identifies all designations that were invalidated because the evidence did not comply with one or more of the requirements set forth in 456 CMR 24.05(2) and the basis for such invalidation.
4. (d) If the Department finds that the TND Organization has not met the 25% threshold based on its initial submission of TND evidence, the TND Organization shall be allowed seven days from the date of the notification set forth in 456 CMR 24.09(2)(b) to submit corrected or additional evidence to demonstrate that it has met the threshold requirements.
5. (e) For purposes of determining whether the TND Organization has met the 25% threshold based on the timely submission of designation evidence, the operative list of Active TNDs shall be the one in effect at the time the TND Organization made the initial request for a certification as the exclusive bargaining representative. The Department will then determine, based on all valid designations submitted, whether the TND Organization is the bargaining representative of at least 25% of Active TNDs.

(4) The Department shall grant the request for certification without election if, during the seven day period in 456 CMR 24.09(3):

1. (a) No other TND organization provides the Department with evidence that at least 25% of Active TNDs in the bargaining unit have designated it as their bargaining representative, and
2. (b) No TND provides evidence that at least 25% of active TNDs in the bargaining unit do not wish to be represented by any TND organization.

(5) The Department shall deny the request for certification without election and order an election if, during the seven-day period:

1. (a) Another TND organization provides evidence that at least 25% of Active TNDs in the bargaining unit have designated that TND organization as their bargaining representative, or
2. (b) A TND provides evidence that at least 25% of active TNDs in the bargaining unit do not wish to be represented by any TND organization.

(7) Once the Department has certified a TND Organization as the exclusive bargaining representative pursuant to M.G.L. c. 150F and 456 CMR 24.00, that TND Organization shall have the exclusive authority to represent all TNDs in the bargaining unit, without challenge by another TND Organization, for the greater of:

1. (a) one year following certification; or
2. (b) the length of time that a final determination rendered by the Secretary of Labor and Workforce Development is in effect, provided that such period shall not be longer than three years following the date of issuance of such final determination.