(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.
(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.
(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.
