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Subject: From MA Labor Commission page


Author:
Anonymous
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Date Posted: 02/ 2/09 5:34pm

Under what circumstances may an employee organization seek an election?

Generally, an employee organization filing a petition for certification must satisfy the Division of Labor Relations that at least 30% (50% if the employees are currently represented) of the affected employees desire to be represented by that organization.

May employees decide to terminate representation by an employee organization or change representatives?

Yes. A petition may be filed with the Division of Labor Relations by or on behalf of a substantial number of employees in a unit alleging that the exclusive representative no longer represents a majority of the employees within the unit and asking that the Division of Labor Relations direct an election to be held to determine the exclusive representative.

Are there specific times during which a representation petition may be filed?

Yes. Generally, the Division of Labor Relations will not entertain a petition during the term of a valid collective bargaining agreement, unless the petition is filed no more than 180 days and no fewer than 150 days (no more than 90 days and no fewer than 60 days for petitions filed pursuant to M.G.L. c.150A) prior to the expiration of the agreement. The Division will not entertain petitions filed during the first twelve months after an election, certification, and certain voluntary recognition agreements and will not entertain petitions filed by unions within the first six months following the withdrawal of a petition or a disclaimer of interest in the employees.

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