Charge and Petition Forms
Learn the steps, timeline, who can file, and download the required Maryland Public Employee Relations Board (PERB) forms to begin a charge or petition.
Tips for Filing Charge and Petition Forms
- Ensure that the employer or employee is covered by the Maryland Public Employee Relations Act.
- Provide a clear, concise statement of the facts constituting the alleged unfair labor practice. Additional information can be submitted later, but each addition slows the process considerably.
- Ensure that all contact information of the charged party or charged party's representatives is included. Contact information should always include email addresses.
- If legal counsel is representing any party to the charge, bring them into the process as soon as possible so the timeline for investigation and Board review is not lengthened.
If you have any questions about the process for filing, contact the PERB office at 410-260-7291.
Unfair Labor Practice Charges
Aggrieved parties may file against public employers or unions they believe have violated their workplace rights. Download the form.
Who Can File
An employee organization, a public employer, an employee covered by the Public Employee Relations Act or an authorized representative. If it is determined that a charge does not belong in its office PERB will notify the submitter so they can pursue the claim with the appropriate agency.
Timeline
The charge must be filed to the Board within six months from the most recent alleged unfair labor practice or following the time that a reasonable person would, upon exercising due diligence, have discovered the occurrence of the alleged violation.
Steps To Resolution
Unfair Labor Practice Charge Steps To Resolution
Download and file the State of Maryland Public Employee Relations Board Unfair Labor Practice Charge MD Code Ann., State Gov’t Article, §22-201 to PERB along with any additional information you believe necessary. Submit the form by email at [email protected] or postal mail. Call (410) 260-7291 to deliver documents or schedule an in-person meeting.
Simultaneously serve a copy on the other party.
PERB will review the form to check for any obvious errors or missing information. If there is a problem, PERB may call or email to request the missing information.
PERB staff will send a “processing letter” to the employer or union named in the charge. The letter is sent by email or mail to the person and address provided in the charge, and the petitioner, the person who submitted the charge, also receives a copy.
The letter sets a deadline for the charged party to respond to the claim and directs them to send a copy to the petitioner, so the petitioner knows when it was made and what it contains. After receiving the response, the petitioner may request an opportunity to reply if specific issues were not addressed in the original materials.
Public employers, whether the charged or charging party, are usually represented by an attorney, and further communication will come from the attorney’s office.
Charge and response will be assigned to a PERB Deputy Director who will investigate the charge. The investigation will include review of all materials from the petitioner and the charged party. The Deputy Director might also seek additional documents from the charging or charged parties or both. In addition, the Deputy Director will interview the charging party and probably will also interview other witnesses. The Deputy Director shall also seek from the parties an informal settlement of the charge.
Based on the investigation, the PERB Deputy Director shall prepare and provide to the PERB Board a report on the investigation that includes a recommendation on whether the Board should find there is “probable cause" to conclude that the charged party committed one or more unfair labor practices.
For any alleged unfair labor practice that results from a party's conduct in collective bargaining, and that allegedly affected such bargaining, the assigned Deputy Director shall complete the investigation and provide the report and recommendation to the Board within 20 days from the filing of the charge. For these alleged unfair labor practices, the Board shall decide within 30 days of the charge's filing whether to dismiss the charge or to continue processing it by issuing a complaint, and issue a decision within 90 days of the filing of the charge.
For all other alleged unfair labor practice charges, the Deputy Director and the Board have no deadlines, but will complete processing the charge as soon as practicable.
The PERB Board will consider the report and recommendation of the PERB Deputy Director. Like the Deputy Director, the Board might seek informal settlement from the parties. If the parties don’t settle, the Board might dismiss the charge, or issue a complaint and then usually schedule and conduct a hearing. If the Board chooses to dismiss a charge, it will send a dismissal letter or decision to the parties. If the Board issues a complaint, it usually will send the parties a Notice of Complaint and Hearing, notifying them of the allegations it will consider and when and where the hearing will be held.
After a notice of complaint and hearing has been issued there will be a pre-hearing conference between the parties and one or two Board members dealing with scheduling and hearing logistics.
At the unfair labor practice hearing, the Board presides over the parties' representatives' presentation of evidence, which usually includes witness testimony or documents or both. With the Board's permission, parties' representatives may also submit post-hearing briefs to the Board.
In appropriate cases, the Board might grant summary judgment to a party without a hearing, based on material and arguments submitted to the Board.
This part of the process can vary in time. Some cases are more complicated than others and need more research or consultation with the Assistant Attorney General's office. Also, while PERB Board members are very conscientious about their duties, four of the five serve as volunteers while maintaining responsibilities elsewhere. As the members and counsel review the case, they may have questions or request additional information. This part of the process can take from a few weeks to a few months. As long as the petitioner received the request response letter from PERB and a response from the charged party, they can be confident that the Board is looking into the matter.
Once the Board has fully considered the case, they will issue a decision. It will be sent to the petitioner and the charged party. Information about appealing the Board's decision is included at the close of the decision
Representation Petition
File a representation petition to determine whether the union will represent a group of employees as the exclusive bargaining representative. Download the petition.
Who Can File
A representation petition may be filed by an employee organization (Union) seeking to represent employees covered under the MD Public Employee Relations Act, State Government Article 22, and either the State Personnel & Pensions Article §3-102, or the State Education Article §§6-401, 6-501, or 16-701.
Showing Of Interest
- 30% Showing Interest: The minimum interest to file. When filing, submit a showing that the Union be decertified, signed by at least 30% of employees in the bargaining unit.
- 30%–50% Showing Interest: Results in a secret-ballot election conducted by PERB to determine which union will represent the unit in collective bargaining. Intervening unions are permitted. Ballot choices will include the petitioning union and may include multiple competitor intervening unions. Ballots always include no exclusive representative as a choice.
- More Than 50% Showing Interest: If the showing of interest exceeds 50%, PERB may certify the union without holding an election. This results in the union being officially certified to represent the employee unit. No intervening unions are permitted.
Timeline
A representation petition may be filed at any time; however, for public school employees, elections are held only in early June, and for Baltimore City schools, in November.
No election will be held when a prior election has been held within the prior 12 months.
Elections must occur within 90 days of a valid petition being filed as outlined in Step 3 below.
Steps To Resolution
Representation Petition Steps to Resolution
Download and file the State of Maryland Public Employee Relations Board Representation Petition to PERB and include the showing of interest. Submit the petition by email at [email protected] or postal mail. Call (410) 260-7291 to deliver documents or schedule an in-person meeting.
PERB will request the employee list from the appropriate employer on the date the petition is filed. The employer must provide that list within two days from the filing of the petition.
The PERB Executive Director will verify the percentage of interest filed as compared with the employee list as quickly as possible.
Below 30% Interest: If the percentage of interest is below 30%, the petitioner will be permitted 30 days to reach the 30% showing of interest.
30%–50% Interest: If the percentage of interest is between 30% - 50% there will be a representation election and intervening unions are permitted to file a 10% showing of interest to also be included on this representation election ballot.
- Above 50% Interest: If a greater than 50% showing of interest has been presented, PERB will issue a Certification of Representation for the filing union, concluding the petition process.
If the showing of interest reaches 30%-50% initially or within 30 days, the PERB Executive Director will contact all unions on the ballot (initial petitioner and any intervening unions) as well as the employer to schedule an Election Order Meeting, either in person or via video conference. The purpose of the meeting is to determine the date/dates, format of the election and the manner of vote tallying. Candidates on the ballot may request a specific election format, including mail-in ballot, in person or, if certain conditions are met electronic voting . Rules of access and other expected election period behaviors will also be discussed at the Election Order Meeting.
At the conclusion of the vote tally for 30%–50% interest, the PERB Executive Director will recognize the ballot candidate with the most votes, and the successful candidate will be certified within eight business days.
Unit Clarification Petition
An interested party may file in the event of a dispute as to whether certain employees are within a bargaining unit. Download the Petition.
Who Can File
A unit clarification petition may be filed by the exclusive representative (employee organization) or the public employer of a unit covered under the Maryland Public Employee Relations Act in which clarification is sought.
Timeline
Petitions may be filed during an election process.
Steps To Resolution
Unit Clarification Petition Steps to Resolution
Download and file the State of Maryland Public Employee Relations Board Unit Clarification/Challenge of Unit Designation form with PERB along with any additional information that you believe necessary. Submit the petition by email at [email protected] or postal mail. Call (410) 260-7291 to deliver documents or schedule an in-person meeting.
Simultaneously serve a copy on the other party. The other party is given 10 days to respond.
The PERB Executive Director will review the form to check for any obvious errors or missing information. If there is a problem, PERB may call or email to request the missing information.
The Board reviews the file and makes a decision or schedules a hearing on the matter. Following review of the materials filed or a hearing, the Board determination will be issued.
Impasse Requests
Either or both bargaining parties may file this form if they believe a deadlock exists in bargaining. PERB may only issue a declaration of impasse on mandatory subjects of bargaining, not on permissive or illegal subjects of bargaining. The Board will issue either a declaration of impasse or a declaration of no impasse. Download the form.
Who Can File
An employee organization or a public employer covered by the Public Employee Relations Act or an authorized representative may individually or jointly file an impasse request.
Timeline
The form may be filed at any time; no specific deadline applies.
Steps To Resolution
Impasse Requests Steps to Resolution
Download and file the State of Maryland Public Employee Relations Board Request for Determination That an Impasse in Negotiations Has Been Reached form with PERB along with the additional information that form requires. The original request should be submitted to the PERB Executive Director. Submit the request by email at [email protected] or postal mail. Call (410) 260-7291 to deliver documents or schedule an in-person meeting.
Unless this is a joint request, simultaneously serve a copy to the other party who has seven days to respond.
The PERB Executive Director will review the form to check for any obvious errors or missing information. If there is a problem, PERB may call or email to request the missing information.
If you are filing a joint request, the Board may review quickly and issue a determination. If you are filing alone, the Board will request a response from the other party which will be due in seven days. The Board determination on impasse will be issued.
Decertification Petition
Employees who do not wish to be represented by their current union (decertify) may file a petition individually or collectively. Per the information below, intervening unions may successfully petition to be included on a decertification election ballot.
Who Can File
A decertification petition may be filed by an employee, or by an employee organization seeking to represent employees, covered under the MD Public Employee Relations Act, State Government Article 22, and either the State Personnel & Pensions Article §3-102, or the State Education Article §§6-401, 6-501, or 16-701.
Timeline
A decertification petition may be filed only if no agreement is in effect between the parties or, if such an agreement is in effect, the petition is filed no more than 120 days or no fewer than 90 days prior to the expiration of the current contract/MOU. A decertification petition may not be filed for a bargaining unit within two years following the final date of a previous election conducted for that bargaining unit.
Showing Of Interest
- 30% Showing Interest: The minimum interest to file. When filing, submit a showing that the current Union be decertified, signed by at least 30% of employees in the bargaining unit.
- 30%–50% Showing Interest: Results in a secret-ballot election conducted by PERB to determine if a union will represent the unit in collective bargaining. Intervening unions are permitted. Ballot choices will include the current union and may include multiple competitor intervening unions. Ballots always include no exclusive representative as a choice.
- More Than 50% Showing Interest: If the showing of interest exceeds 50%, PERB may decertify the union without holding an election. This results in the union being officially decertified to represent the employee unit. No intervening unions are permitted.
Steps To Resolution
Decertification Petition Steps to Resolution
Download and file the State of Maryland Public Employee Relations Board Decertification Petition with PERB and include the showing of interest. Submit the petition by email at [email protected] or postal mail. Call (410) 260-7291 to deliver documents or schedule an in-person meeting.
PERB will request the employee list from the appropriate employer on the date the petition is filed. The employer must provide that list within two days from the filing of the petition.
The PERB Executive Director will verify the percentage of interest filed as compared with the employee list as quickly as possible.
Below 30% Interest: If the percentage of interest is below 30%, the petitioner will be permitted 30 days to reach the 30% showing of interest.
30%–50% Interest: If the percentage of interest is between 30% - 50% there will be a representation election and intervening unions are permitted to file a 10% showing of interest to also be included on this representation election ballot.
Above 50% Interest: If a greater than 50% showing of interest has been presented, PERB will issue a decertification of Representation to the petitioner concluding the petition process.
If the showing of interest reaches 30%-50% initially or within 30 days, the PERB Executive Director will contact all petitioners on the ballot (initial petitioner and any intervening unions) as well as the employer to schedule an Election Order Meeting, either in person or via video conference. The purpose of the meeting is to determine the date/dates, format of the election and the manner of vote tallying. Candidates on the ballot may request a specific election format, including mail-in ballot, in person or, if certain conditions are met electronic voting . Rules of access and other expected election period behaviors will also be discussed at the Election Order Meeting.
When the showing of interest reaches 30–50%, either initially or within 30 days, a vote will be conducted. At the conclusion of the vote tally, the PERB Executive Director will recognize the ballot choice receiving the most votes. Within eight business days, the outcome will be one of the following: (1) the current union retains its certification; (2) the current union is decertified and no union represents the unit employees; or (3) one of the intervening unions is certified to represent the unit employees.
Negotiability Dispute Request
Public school employers and unions may file this form when public school based parties disagree over whether a particular topic area is a proper subject for negotiation. The request results in a determination from PERB and directions on what parties must do going forward. Download the form.
Who Can File
Public school employers and unions covered by the Public Employee Relations Act may file this form, either jointly or separately.
Timeline
The form may be filed at any time; no specific deadline applies.
Steps To Resolution
Negotiability Dispute Request Steps to Resolution
Download and file the State of Maryland Public Employee Relations Board Request to Resolve a Dispute as to Negotiability with PERB along with any additional information you believe necessary. Submit the petition by email at [email protected] or postal mail. Call (410) 260-7291 to deliver documents or schedule an in-person meeting.
Simultaneously serve a copy on the other party.
The PERB Executive Director will review the form to check for any obvious errors or missing information. If there is a problem, PERB may call or email to request the missing information.
The Board will issue a letter to both parties stating that a negotiability dispute has been filed and that parties are required to file briefs in support of their position.The briefs are due within seven days of the Board's letter. The Board may decide to hold a hearing, or simply issue a decision. If a decision is issued without a hearing, the decision is issued within 14 days of the brief being filed.