2013 Maryland Code
HOUSING AND COMMUNITY DEVELOPMENT
§ 16-306 - Elections for exclusive representative

§16-306.

(a) The labor relations administrator shall hold an election for an exclusive representative after:

(1) an employee organization shows by petition that at least 30% of the eligible employees in a bargaining unit support representation by an exclusive representative for collective bargaining; or

(2) an employee or an employee organization shows by petition that at least 30% of the eligible employees in a bargaining unit no longer support the current exclusive representative.

(b) (1) Elections may not be held:

(i) within 1 year after the date of an election under this subtitle; or

(ii) except as provided in paragraph (2) of this subsection, during the term of a collective bargaining agreement.

(2) During the term of a collective bargaining agreement, a petition for an election may be filed only in November of the fiscal year in which the agreement expires.

(c) (1) At least 30 days before an election under subsection (a) of this section, the labor relations administrator shall get from the Montgomery Commission and provide to the employee organization a list of the name, home address, and telephone number of each employee in the bargaining unit.

(2) Providing a list under this subsection by the Montgomery Commission, the labor relations administrator, or any Montgomery Commission officials, employees, or other agents does not violate § 10-617(e) of the State Government Article or any State or local law.

(d) An election shall be held by secret ballot.

(e) The ballot shall contain:

(1) the name of each employee organization that submits a valid petition for an election;

(2) the name of any other employee organization supported by a petition signed by at least 10% of the eligible employees in the bargaining unit; and

(3) an option for no representation.

(f) (1) If a petition described in subsection (a)(1) is submitted at the same time that a petition described in subsection (a)(2) is submitted, one election shall be held to determine which employee organization, if any, shall be the exclusive representative.

(2) The ballot shall contain:

(i) the name of the current certified employee organization;

(ii) the name of the petitioning employee organization; and

(iii) a provision for “no representation”.

(g) If none of the choices on the ballot receives a majority of the votes, the labor relations administrator shall hold a runoff election between the two choices receiving the most votes.

(h) (1) After the election, the labor relations administrator shall certify the employee organization with the most votes as the exclusive representative.

(2) If the petitioning employee organization is certified as a result of an election carried out under subsection (f) of this section, that employee organization shall be treated as a successor in interest and party to any collective bargaining agreement to which the previous employee organization was a party.

(i) The Montgomery Commission and the employee organization shall share the costs of the election procedures equally.