Unit Clarification
A unit clarification petition is used when either the employer or the incumbent bargaining agent wishes to modify an existing bargaining unit. A unit clarification petition is the only way to modify the composition of a unit during the term of a collective bargaining agreement, absent agreement of the parties.
A unit clarification petition is appropriate when: (1) there is a currently recognized or certified bargaining unit, (2) the circumstances surrounding the formation of the bargaining unit are alleged to have changed sufficiently to warrant modification in the composition of the bargaining unit, (3) the parties are unable to agree on appropriate modifications, and (4) there is no pending question concerning bargaining unit representation. See 26 M.R.S.A. § 966(3).
To file a request for unit clarification with the Maine Labor Relations Board, please follow these steps:
- Review the MLRB Rules which govern the filing of unit clarification petitions – see Chapter 11, Sections 1 through 7 of the MLRB Rules.
- Complete and sign MLRB Form 2B (PDF), Petition for Unit Clarification or Unit Merger, in accordance with the rules.
- E-File the petition by emailing a copy to mlrb@maine.gov and to the respondent.
Once the petition is filed, you will receive the MLRB’s confirmation of receipt along with an opening letter that includes the case number. Please see Chapter 11, Sections 9 through 30 of the MLRB Rules for the rules that govern the processing of a unit clarification petition after it is filed.
Merger Election
To file a request for an election to merge separate bargaining units represented by the same bargaining agent (union) into one unit, please follow these steps:
- Review the MLRB Rules which govern the filing of merger election petitions – see Chapter 11, Sections 1 through 7 of the MLRB Rules.
- Complete and sign MLRB Form 2B (PDF), Petition for Unit Clarification or Unit Merger, in accordance with the rules.
- E-file the petition by emailing a copy to mlrb@maine.gov and to the respondent.
Once the petition is filed, you will receive the MLRB’s confirmation of receipt along with an opening letter that includes the case number. Please see Chapter 11, Sections 9 through 17 and Section 61 of the MLRB Rules for the rules that govern the processing of a unit merger petition after it is filed.