1. A. Scope of Board Authority over Bargaining Units.

   1. (1) The Board or its delegee shall decide if the bargaining unit identified in the petition is appropriate.
   2. (2) The Board may not modify any bargaining unit defined prior to June 30, 2023.
   3. (3) The Board may not modify any bargaining unit covered by a collective bargaining agreement in effect on June 30, 2023.
2. B. If there is no dispute about the appropriateness of the petitioned for bargaining unit, the Board or its delegee shall, either along with other orders about the election or separately, order the petitioned-for unit as appropriate for the election, or certify the petitioner as the unit’s representative pursuant to COMAR 14.30.08.09, and for bargaining.

3. C. If the appropriateness of the petitioned-for bargaining unit is disputed, the Board shall:

   1. (1) Conduct a hearing; and
   2. (2) Determine the appropriate bargaining unit and issue an order defining the unit accordingly.

4. D. If the bargaining unit determined appropriate by the Board differs from the petitioned-for bargaining unit, the Board or its delegee may:

   1. (1) Dismiss the petition;
   2. (2) Direct an election in the appropriate bargaining unit if at least 30 percent of the employees counted towards the showing of interest are employed in the appropriate bargaining unit; or
   3. (3) Certify the petitioner as the representative of the unit without an election pursuant to Regulation .09 of this chapter.

Authority: State Government Article, §22-306(e), Annotated Code of Maryland

Effective date:

Regulations .01—.03 adopted as an emergency provision effective December 23, 2002 (30:13 Md. R. 851); adopted permanently effective September 29, 2003 (30:19 Md. R. 1334)

Regulation .02 amended effective July 11, 2022 (49:14 Md. R. 704)

Regulation .04 adopted effective October 22, 2007 (34:21 Md. R. 1917)

Regulations .01—.04 under State Higher Education Labor Relations Board, Impasse Procedures repealed and new Regulations .01—.24 under Public Employee Relations Board, Representation Elections adopted effective May 13, 2024 (51:9 Md. R. 414)