In order to certify a new bargaining agent (union), or to decertify an existing bargaining agent, a party may file a petition with the MLRB to request either an election or, in certain cases, a bargaining agent certification by majority sign-up.
Elections & Unit Determinations
To request an election for a new bargaining agent (union) or an election to decertify a current bargaining agent, or to add new employees to a bargaining unit or sever employees from an existing unit, please follow these steps:
- Review the MLRB Rules which govern the filing of petitions - see Chapter 11, Sections 1 through 8 of the MLRB Rules (PDF).
- Complete and sign MLRB Form 2A (PDF), Petition for Unit Determination, Bargaining Agent Election or Decertification, in accordance with the rules.
- E-File the petition by emailing a copy to mlrb@maine.gov and to the respondent.
- In addition, you must physically submit showing of interest cards, signed by 30% of bargaining unit employees, to the MLRB by hand delivery, delivery service or mail.
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 58 of the MLRB Rules (PDF) for the rules that govern the processing of a unit determination or bargaining agent election or decertification petition after it is filed.
Majority Sign-up
To request bargaining agent (union) certification without an election, for public employees covered by the Municipal Public Employees Labor Relations Law when there is no currently certified or recognized bargaining agent (union), please follow these steps:
- Review the MLRB Rules which govern the filing of petitions – see Chapter 11, Sections 1 through 8 of the MLRB Rules (PDF).
- Complete MLRB Form 2C (PDF), Petition for Bargaining Agent Certification By Majority Sign-up, in accordance with the rules.
- E-file the petition by emailing a copy to mlrb@maine.gov and to the respondent.
- In addition, you must physically submit employee authorization cards, signed by more than 50% of bargaining unit employees, to the MLRB by hand delivery, delivery service or mail.
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 58 of the MLRB Rules (PDF) for the rules that govern the processing of a majority sign-up petition after it is filed.
Bargaining Agent Merger Election
To request an election to merge the bargaining agents for existing bargaining units, please follow these steps pending the final implementation of related procedural rules:
- Complete and sign MLRB Form 2D (PDF), Petition for Bargaining Agent Merger Election.
- E-file the petition by emailing a copy to mlrb@maine.gov and to all petitioners and public employers involved in the petition.
Once the petition is filed, you will receive the MLRB’s confirmation of receipt along with an opening letter. Pending the final implementation of related procedural rules, the Board will follow this process for administering the petition:
- Through the opening letter, the Board will request the related employee addresses from all public employers involved in the election.
- The Board will then schedule a mail ballot election including the distribution of Notice of Election to all involved employees.
- The Board will mail out ballots and, after a tally of the returned ballots, issue a certification of the election results.