2422.14—Effect of withdrawal/dismissal.
(a) Withdrawal/dismissal less than sixty (60) days before contract expiration.
When a petition seeking an election that has been timely filed is withdrawn by the petitioner or dismissed by the Regional Director less than sixty (60) days prior to the expiration of an existing agreement between the incumbent exclusive representative and the agency or activity or any time after the expiration of the agreement, another petition seeking an election will not be considered timely if filed within a ninety (90) day period from either:
(2)
The date the petition is dismissed by the Regional Director when no application for review is filed with the Authority; or
(3)
The date the Authority rules on an application for review. Other pending petitions that have been timely filed under this Part will continue to be processed.
(b) Withdrawal by petitioner.
A petitioner who submits a withdrawal request for a petition seeking an election that is received by the Regional Director after the notice of hearing issues or after approval of an election agreement, whichever occurs first, will be barred from filing another petition seeking an election for the same unit or any subdivision of the unit for six (6) months from the date of the approval of the withdrawal by the Regional Director.
(c) Withdrawal by incumbent.
When an election is not held because the incumbent disclaims any representation interest in a unit, a petition by the incumbent seeking an election involving the same unit or a subdivision of the same unit will not be considered timely if filed within six (6) months of cancellation of the election.