Section 16-306 - Elections for exclusive representative. - Maryland Statutes

§ 16-306. Elections for exclusive representative.
 

(a)  Requirement for calling of election.- 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)  Election procedures - Timing of elections.-  

(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)  Pre-election requirements.-  

(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)  Secret ballot.- An election shall be held by secret ballot. 

(e)  Contents of ballot.- 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)  Determination of exclusive representative.-  

(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)  Runoff election.- 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)  Certification of employee organization.-  

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

[An. Code 1957, art. 44A, § 2-106(g), (h)(1); 2006, ch. 44, § 6; ch. 63, § 2; ch. 598, § 1; 2007, ch. 4.]