MLRB RULES AND PROCEDURES
Table of Contents


	CHAPTER 10.  GENERAL RULES	
	§ 1.  	Effective Date	
	§ 2. 	Applicability	
	§ 3.  	Fees and Expenses	
	§ 4.  	Executive Director	
	§ 5.  	Definition of Working Days	
	§ 6.  	Computation of Time Periods	
	§ 7.  	Filing	
	§ 8.  	Certificate of Service	
	§ 9.  	Official Transcripts	
	§ 10.  	Enlargement of Time Periods

	CHAPTER 11.  BARGAINING UNIT COMPOSITION AND REPRESENTATION MATTERS	
	
REPRESENTATION PETITIONS:  PETITIONS TO CREATE OR MODIFY BARGAINING UNITS 
AND PETITIONS TO HOLD BARGAINING AGENT ELECTIONS § 1. Types of Representation Petitions 1. Unit Determination Petition 2. Election Petition 3. Unit Clarification 4. Merger Petition 5. Petition to Intervene 6. Petition to contest exclusionary designation § 2. Petitions Are Necessary When Parties Disagree § 3. When Parties Agree, Petitions Are Not Necessary 1. Agreement on Bargaining Unit 2. Voluntary Recognition of Bargaining Agent 3. Notice to Employees of Agreement or Recognition § 4. Petitions Are Formal Requests for Board Action § 5. Who May File Petitions 1. Unit Determination Petitions 2. Bargaining Agent Election Petitions 3. Decertification Election 4. Unit Clarification Petition 5. Petition for Merger Election 6. Petition to Intervene 7. Petition to Contest Designation as Excluded Employee § 6. When to File Petitions 1. Contract Bar 2. Certification Bar 3. Limitation on Unit Clarification Petitions § 7. Contents of Petition 1. Petitioner's Name 2. Employer's Name 3. Bargaining Unit Description 4. Collective Bargaining Agreement 5. Name of Employee Organizations 6. Name of Proposed Bargaining Agent 7. Other facts 8. Remedy Sought 9. Employer Petition 10. Agreement Attempted 11. Showing of Interest 12. Unit Clarification Petition 13. Petition to Contest Designation as Excluded Employee § 8. Showing of Interest 1. Form of Evidence. 2. Acceptance of Evidence § 9. Review, Amendment and Action on Petition 1. Grounds for Dismissal 2. Order to Show Cause 3. Permitted Amendments 4. Dismissal, Appeal 5. Notification of Parties § 10. Posting of Petition at MLRB Offices and on Internet § 11. Response to Unit Determination Petition 1. Challenge to Showing of Interest 2. Disagreement on Appropriateness of Unit 3. Exclusions Claimed § 12. Response to Unit Clarification Petition. § 13. Response to Election Petition or Decertification Petition 1. Objection to Timeliness of Filing 2. Objection to Showing of Interest 3. Objection to Continued Appropriateness of the Bargaining Unit § 14. Notices of Hearing and Notices of Election 1. Notice of Hearing 2. Notice of Election § 15. Posting of Notices by Employer § 16. Posting of Notices at MLRB Offices and on Internet. § 17. Petitions to Intervene 1. Form and Filing for Intervention 2. Showing of Interest 3. Time of Filing 4. Review of Petition 5. Notification to Parties 6. Posting of Petition 7. Withdrawal of Initial Petition UNIT DETERMINATION AND UNIT CLARIFICATION HEARINGS AND APPEALS § 21. Notice of Unit Hearing § 22. Criteria for Appropriate Bargaining Units 1. Excluded Employees 2. Units Established by Statute 3. Community of Interest § 23. Conduct of Hearing § 24. Nature of Hearing § 25. Rules Regarding Evidence 1. Evidence 2. Rules of Privilege 3. Written Evidence; Exception § 26. Rights of Parties § 27. Ex Parte Communications Prohibited § 28. Report and Order § 29. Misconduct at a Hearing § 30. Appeal to Board 1. Nature of Appeal 2. Memorandum of Appeal 3. Notice of Hearing 4. Rights of Parties to the Hearing 5. Ex Parte Communications Prohibited 6. Powers of the Chair 7. Decision and Order of the Board ELECTIONS OF BARGAINING AGENT AND DECERTIFICATION ELECTIONS § 41. Election Procedures Same § 42. Form of Elections § 43. Voter Eligibility § 44. Voter List § 45. Notice of Election § 46. Posting of Notice of Election § 47. Ballot Format § 48. Conduct of Election 1. Mail Ballot Election Procedure 2. On-Site Election Procedure 3. Election Observers 4. Destruction of Ballots § 49. Elections in School Units During Summer § 50. Challenged Ballots § 51. Void Ballots § 52. Appeal on Challenged or Voided Ballots § 53. Report of Election and Certification of Representative § 54. Objections to Conduct of Board Agent § 55. Objection to Conduct of Party § 56. Requirement of Majority § 57. Runoff Election 1. Eligibility of Voters in Runoff Election 2. Ballot Format in Runoff Election § 58. Cancelled Elections; Reruns MERGER OF BARGAINING UNITS § 61. Unit merger 1. When Parties Agree on Merger 2. Merger Election Requested 3. Decertification Elections Take Precedence 4. Frequency 5. Supervisors and Teachers UPDATING RECORDS AT BOARD OFFICES § 71. Notification of Contract Expiration § 72. Copies of Collective Bargaining Agreements REVOCATION OF BARGAINING AGENT CERTIFICATION § 81. Disclaimer of Interest 1. Contents of Request 2. Posting of Disclaimer Notice 3. Objection to Disclaimer 4. Consideration of Objection 5. Effect of Disclaimer § 82. Revocation of Certification in Inactive Unit 1. Inactive Bargaining Unit 2. Posting of Notice 3. Objections 4. Notice to Other Parties CHAPTER 12. PROHIBITED PRACTICE COMPLAINTS; INTERPRETIVE RULINGS PROHIBITED PRACTICE COMPLAINTS § 1. Nature of a Prohibited Practice Complaint § 2. Who May File a Complaint § 3. Time Limit for Filing a Complaint § 4. Complaint is a Formal Request § 5. Contents of Complaint 1. Name of Complainant 2. Name of Respondent 3. Copy of Collective Bargaining Agreement 4. Concise Statement of Facts 5. Relief Sought 6. Other Relevant Information § 6. Delivery of Complaint to Other Party; Proof of Service § 7. Docket Number § 8. Review, Amendment and Action on Complaint 1. Action Following Review for Sufficiency 2. Permitted Amendments 3. Dismissal, Appeal § 9. Response to Complaint 1. Contents of Response 2. Counter Complaint 3. Failure to Respond § 10. Prehearing Conference; Notice and Procedure 1. Notice 2. Required Information 3. Documentary Evidence 4. Witness List 5. Collective Bargaining Agreement 6. Deferral to Arbitration 7. Dispositive Legal Issue 8. Settlement 9. Failure to Participate is Grounds for Dismissal or Default 10. Prehearing Memorandum and Order § 11. Right to Intervene § 12. Notice of Hearing § 13. Conduct of Hearing; Powers of Chair § 14. Nature of Hearing § 15. Rules Regarding Evidence 1. Evidence 2. Rules of Privilege 3. Written Evidence; exception 4. Evidence Not Offered at Prehearing Conference § 16. Rights of Parties § 17. Witnesses and Subpoenas § 18. Submission of Briefs § 19. Ex Parte Communications Prohibited § 20. Amendments to Conform § 21. Withdrawal § 22. Stay of Election § 23. Shortening Time Limits or Staying Further Processing § 24. Misconduct at a Hearing; Refusal of Witness to Answer Questions § 25. Stale Proceedings § 26. Decision and Order of the Board 54 INTERPRETIVE RULINGS § 41. Interpretive Rulings 1. Petition for Interpretive Ruling 2. Service of Petition on Other Party 3. Posting of Petition 4. Hearing Permitted 5. Pending Actions Proceed 6. Written Memoranda 7. Ruling Not Binding on Board CHAPTER 13. RESOLUTION OF CONTRACT NEGOTIATION DISPUTES MEDIATION § 1. Who May Request Mediation and When § 2. Requests for Mediation Services 1. Name and Address of Requesting Party 2. Name and Address of Other Party 3. Name of Bargaining Unit 4. List of Issues 5. Type of Agreement or Date of Reopener § 3. Preventive Mediation 1. Requesting Preventive Mediation 2. If Preventive Mediation Does Not Result in an Agreement § 4. Costs § 5. Appointment of Mediators § 6. Confidentiality in Mediation FACT FINDING § 21. Who May Request Fact Finding § 22. Request to Waive Fact Finding § 23. Request for Fact Finding 1. Name of Requesting Party 2. Name of Representatives of Other Party 3. Name of Bargaining Unit 4. Type of Request 5. Issues in Controversy 6. Alternative Times and Dates 7. Signatures § 24. Copy of Request to Other Party § 25. Qualification of Fact Finders § 26. Appointment of Fact Finders 1. Board of Arbitration and Conciliation (BAC) 2. Private Fact Finders § 27. Costs 1. Board of Arbitration and Conciliation (BAC) 2. Private Fact Finders § 28. Notice of Hearing § 29. Cancellations § 30. Submission of Briefs or Statements § 31. Conduct of Hearings § 32. Ex Parte Communications § 33. Evidence § 34. Post-Hearing Briefs § 35. Fact Finders Report 1. Distribution; Due Date 2. Extension of Due Date § 36. Contents of Report 1. Heading 2. Parties 3. Panel Members 4. Time of Hearing 5. Party Representatives 6. Procedures Used 7. Recommendations and Issues Resolved 8. Signatures § 37. Minority Reports § 38. Subsequent Action by the Parties ARBITRATION § 51. Joint Request Required for Board of Arbitration and Conciliation § 52. Costs § 53. Other Arbitration Proceedings