2010 Maryland Code
EDUCATION
TITLE 6 - TEACHERS AND OTHER PERSONNEL
Subtitle 4 - Organizations of Certificated Employees
Section 6-405 - Method of designating exclusive employee representative.

§ 6-405. Method of designating exclusive employee representative [Amendment subject to abrogation].
 

(a)  Designation as provided in this section.- The designation of an employee organization as an exclusive representative shall be made as provided in this section. 

(b)  Request for recognition.- If an employee organization certifies to the public school employer that it has a membership enrollment of at least 30 percent of the total number of public school employees in a specified unit in a county as of June 1 of the year in which certification is made, this certification is a request for recognition as exclusive representative of all public school employees in the specified unit in the county. 

(c)  Election if another organization requests recognition.- If another employee organization certifies that it has a membership enrollment of at least 10 percent of the total number of public school employees in the unit as of the same June 1, an election shall be held in which the public school employees in the unit shall be offered the opportunity to choose: 

(1) One of the employee organizations as the exclusive representative of all public school employees in the unit; or 

(2) Not to have exclusive representation. 

(d)  Election if no other organization requests recognition.- If no other employee organization certifies that it has a membership enrollment of at least 10 percent of the total number of public school employees in the unit, on the request of the employee organization under subsection (b) of this section, an election shall be held and the ballot shall offer a choice between: 

(1) Exclusive representation by the organization; and 

(2) Not to have exclusive representation. 

(e)  Designation without an election.- The public school employer shall designate the employee organization described in subsection (b) of this section as the exclusive representative of all public school employees in the specified unit in a county if: 

(1) No other employee organization certifies that it has a membership enrollment of at least 10 percent of the total number of public school employees in the unit; 

(2) The employee organization does not request an election under subsection (d) of this section; and 

(3) The employee organization certifies that it has a membership enrollment of the majority of the public school employees in the unit in the county. 

(f)  Rules and regulations; time, manner, and place of holding elections.-  

(1) The Board shall adopt rules and regulations for: 

(i) Verifying the number of certificated employees of the public school employer or individuals of equivalent status in Baltimore City who are members in good standing of an employee organization on the date of the certification or who have signed a petition under this section; and 

(ii) Holding elections under this section and the certification of their results. 

(2) The Board shall provide for supervision of these elections. 

(3) The elections shall be held: 

(i) In each school facility where public employees are assigned on a regularly scheduled school day; 

(ii) In a manner assuring the secrecy of the ballot; and 

(iii) On a regular working day for public school employees, between June 1 and June 15, inclusive, except in Baltimore City where the elections shall be held between November 1 and November 15 following the date on which certification of required membership enrollment is made. 

(4) In any election held under this section, the employee organization that receives the largest number of votes cast in a unit shall be declared to be the exclusive representative of all public school employees in the unit. If the largest number of votes in the election is cast not to have exclusive representation, a representative may not be designated for the unit. 

(5) The public school employer shall provide any assistance required in holding the elections. 
 

[An. Code 1957, art. 77, § 160; 1978, ch. 22, § 2; 2010, chs. 324, 325.]