§ 23-907

Maryland § 23-907

• Jurisdiction: Maryland
• Article ged: Education
• Title: 23

Text

(a) (1) An employee organization seeking certification as the exclusive representative for the bargaining unit of employees may file a petition with the employer indicating this intent.

(2) The petition shall contain:

(i) A request that the employer recognize the employee organization as the exclusive representative of the employees in the bargaining unit;

(ii) A statement that the employee organization is one in which employees participate and that has as one of its purposes the representation of public employees in matters of wages, hours, and other terms and conditions of employment;

(iii) A statement that the employee organization has no terms or conditions of membership that discriminate with regard to race, color, creed, gender, age, political affiliation, national origin, religion, marital status, or disability; and

(iv) A statement that the employee organization has in its possession written proof dated not more than 18 months before the day on which the petition is filed establishing that at least 30% of the employees in the bargaining unit:

1. Have designated the employee organization to represent them in their employment relations with the employer; or

2. Are members of the employee organization.

(3) Before a petition may be processed, the proof of interest submitted shall be verified as provided in this section.

(4) The employee organization and the employer shall equally bear any costs associated with the verification.

(b) (1) (i) When an employee organization or employees in a bargaining unit file a petition with the employer, the employee organization or employees shall select a neutral decision maker from a referral or list of arbitrators provided by the Federal Mediation and Conciliation Service.

(ii) The employee organization or employees in the bargaining unit shall submit to the neutral decision maker selected under subparagraph (i) of this paragraph the authorization cards signed and dated by at least 30% of the employees in the bargaining unit not more than 18 months before the day the petition was filed indicating, as appropriate, that the employees have designated the employee organization to represent them in their employment relations with the public library system administration.

(2) The employee organization shall copy the employer on the request for a neutral decision maker in order for the public library system to receive notice of the selection of the neutral decision maker for the certification process.

(c) (1) (i) Subject to subparagraph (ii) of this paragraph, within 2 calendar days after the day on which the employer receives the petition, the employer shall submit to the employee organization and neutral decision maker:

1. A list of employees in the bargaining unit that identifies each employee that the employer contends should be excluded as an eligible voter or from the bargaining unit; and

2. A statement explaining the reason for each exclusion.

(ii) If a neutral decision maker has not been selected when the employer is required to submit the list required under subparagraph (i) of this paragraph, the employer shall instead submit the list within 1 calendar day after the neutral decision maker has been selected.

(iii) If the employer fails to provide an explanation as required under item (i)2 of this paragraph, the employer may not challenge the eligibility of an employee’s vote in an election or the eligibility to submit a showing of interest form for purposes of subsection (d)(3) of this section.

(2) If the employer fails to submit the list of employees to the employee organization or neutral decision maker within the required time, it shall be conclusively deemed that at least 30% of the employees in the bargaining unit have indicated a desire to be represented by the employee organization.

(d) (1) The neutral decision maker shall check the written authorization cards submitted by the employee organization or the employees against the list of employees submitted by the employer.

(2) If the neutral decision maker determines that at least 30% of the employees on the list have indicated a desire to be represented by the employee organization or to decertify an exclusive representative, the neutral decision maker shall notify the employer of the determination.

(3) If the employee organization submits a showing of interest of at least 50% of the employees in an unrepresented bargaining unit:

(i) The neutral decision maker shall issue to each participant in an election a certification of representation; and

(ii) The employer shall recognize the employee organization as the certified bargaining representative of the employees at issue.

(e) An election may not be conducted in a bargaining unit unless at least 1 year has passed since the last election held in the bargaining unit.

(f) (1) The employer shall notify all employees within the proposed bargaining unit that an election will be held and request a neutral decision maker from the Federal Mediation and Conciliation Service to oversee and conduct an election by secret ballot.

(2) The ballot for an election shall include the following choices:

(i) In accordance with the issues presented by the petition or petitions, exclusive representation by any employee organization seeking to obtain or continue representation rights; and

(ii) No exclusive representation.

(g) An employee organization may intervene in the election and have its name placed on the ballot if:

(1) The employee organization files a petition not more than 15 calendar days after the date on which the original petition is filed;

(2) The employee organization certifies that at least 30% of the employees of the unit:

(i) Have designated the employee organization to represent them in their employment relations with the public library system administration; or

(ii) Are members of the employee organization; and

(3) The showing of interest is verified as provided in this section.

(h) (1) Within 15 days after a neutral decision maker is selected, the neutral decision maker shall hold a conference with the parties during which all objections to the petition and the conduct of the election must be raised.

(2) (i) The election shall be conducted:

1. According to the procedures established by the neutral decision maker from the Federal Mediation and Conciliation Service conducting the election;

2. Subject to subparagraph (ii) of this paragraph, in consultation with the parties that attended the conference required under paragraph (1) of this subsection; and

3. Within 90 days after the day of filing the petition with the employer.

(ii) 1. An employee organization on a ballot may request a preferred method of voting.

2. The neutral decision maker shall designate the method of voting based on the request of the employee organizations on the ballot.

3. If there is a dispute between two or more employee organizations on the ballot over the method of voting, the neutral decision maker may designate the method of voting.

(3) An employee organization shall be certified as exclusive representative following an election if the employee organization has received the vote of a majority of the valid votes cast in the bargaining unit in which the election is held.

(4) (i) If an election includes three or more choices and no choice receives a majority of the valid votes cast, the neutral decision maker shall conduct a runoff election between the two choices that received the largest number of valid votes cast.

(ii) The choice receiving the majority of the valid votes cast in the runoff election shall be certified.

(5) The neutral decision maker conducting the election shall issue to all the participants in an election a certification of representation, if an employee organization is certified, or the results of the election, if no representative is chosen.

(i) (1) If the employer disagrees with the petitioning employee organization or the petitioning employees as to the inclusion or exclusion of specific employees and classifications of employees in the bargaining unit, all the employees in the petitioned–for group shall have the opportunity to vote in the election.

(2) Subject to paragraph (3) of this subsection, the ballots of challenged employees shall remain sealed and be set aside until the ballots of employees who are not in dispute have been tallied.

(3) (i) If the total number of ballots of challenged employees does not have an impact on the election result:

1. The parties may not count the ballots of challenged employees; and

2. The neutral decision maker shall resolve the dispute over the challenged employees after the election is certified through a hearing.

(ii) If the total number of ballots of challenged employees does have an impact on the election result, the parties shall immediately refer the dispute to the neutral decision maker from the Federal Mediation and Conciliation Service to resolve the dispute through a hearing.

(4) (i) The neutral decision maker shall hold a hearing on the dispute referred under paragraph (3)(ii) of this subsection:

1. With the parties presenting evidence on their positions; and

2. Within 30 days after the election has concluded.

(ii) If the neutral decision maker finds that challenged employees are properly included within the bargaining unit, the ballots of the challenged employees shall be counted in the total tally for the election.

(iii) 1. The neutral decision maker shall issue a decision within 30 days after the hearing concludes.

2. The neutral decision maker’s findings shall be final and binding on the parties.

(j) (1) If employees are represented by an employee organization, employees may file a petition with the employer that contains the following:

(i) An assertion that the majority of the employees no longer wish to be represented by the employee organization;

(ii) A statement that the employees have in their possession substantive documentary proof, dated not more than 6 months before the day on which the petition is filed, that at least 30% of the employees within the bargaining unit approve of the decertification of the employee organization; and

(iii) A statement explaining that the employees are seeking decertification of the employee organization as the exclusive representative for the bargaining unit.

(2) (i) The petition shall be processed as described in this section, including verification of proof of interest and an election.

(ii) An employee organization shall be decertified as exclusive representative following an election if the majority of the valid votes cast in the unit in which the election is held are for no representation.