HARRY HUGHES, Governor

2953

(II)  AN EMPLOYEE, A GROUP OF EMPLOYEES, OR AN
EMPLOYEE ORGANIZATION THAT DEMONSTRATES THAT 35 PERCENT OF THE
EMPLOYEES CERTIFY THAT THE DESIGNATED EXCLUSIVE REPRESENTATIVE IS
NO LONGER THE REPRESENTATIVE OF THE MAJORITY OF THE EMPLOYEES; OR

(III)  THE MNCPPC DEMONSTRATING THAT 1 OR MORE
EMPLOYEE ORGANIZATIONS HAS PRESENTED TO IT A CLAIM, SUPPORTED BY
SUBSTANTIAL PROOF, TO BE CERTIFIED AS THE EXCLUSIVE
REPRESENTATIVE, AND THE COMMISSIONER FINDS, ON INVESTIGATION OF
THE PETITION, THAT A VALID QUESTION OF REPRESENTATION EXISTS.

(3)  THERE SHALL BE ON THE BALLOT:

(I)  THE NAME OR NAMES OF THE EMPLOYEE
ORGANIZATION SUBMITTING THE VALID PETITION;

(II)  THE NAME OF ANY OTHER EMPLOYEE
ORGANIZATION OR ORGANIZATIONS DESIGNATED ON A VALID PETITION
SIGNED BY MORE THAN 10 PERCENT OF THE BARGAINING UNIT; AND

(III)  A PROVISION FOR "NO REPRESENTATION".

(4)  IN AN ELECTION WHERE NONE OF THE CHOICES ON THE
BALLOT RECEIVES A MAJORITY OF THE VOTES CAST, A RUNOFF ELECTION
SHALL BE CONDUCTED, WITH THE BALLOT PROVIDING FOR A SELECTION
BETWEEN THE 2 CHOICES RECEIVING THE HIGHEST NUMBER OF BALLOTS
CAST IN THE ELECTION. AN EMPLOYEE ORGANIZATION THAT RECEIVES A
MAJORITY OF VOTES CAST IN AN ELECTION SHALL BE CERTIFIED BY THE
COMMISSIONER AS THE EXCLUSIVE REPRESENTATIVE FOR COLLECTIVE
BARGAINING PURPOSES. AN EMPLOYEE ORGANIZATION MAY NOT BE
CERTIFIED AS AN EXCLUSIVE REPRESENTATIVE, EXCEPT PURSUANT TO THE
PROVISIONS OF THIS SECTION.

(5)  ALL ELECTIONS SHALL BE CONDUCTED:

(I)  BY SECRET BALLOT; AND

(II)  BY THE COMMISSIONER.

(6)  ELECTIONS MAY NOT BE CONDUCTED IF A VALID
ELECTION HAS BEEN HELD WITHIN THE PRECEDING 2 YEARS.

(D) (1) THE MNCPPC SHALL EXTEND TO AN EMPLOYEE ORGANIZATION
CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE THE RIGHT TO REPRESENT
THE EMPLOYEES IN COLLECTIVE BARGAINING AND IN THE SETTLEMENT OF
GRIEVANCES.

(2)  AN EMPLOYEE ORGANIZATION CERTIFIED AS THE
EXCLUSIVE REPRESENTATIVE SHALL SERVE AS THE BARGAINING AGENT FOR
THE BARGAINING UNIT. THE ORGANIZATION SHALL REPRESENT FAIRLY AND
WITHOUT DISCRIMINATION ALL PUBLIC EMPLOYEES WITHOUT REGARD TO
WHETHER THE EMPLOYEES ARE MEMBERS OF THE EMPLOYEE ORGANIZATION.

(3)  EVERY EMPLOYEE ORGANIZATION WHICH HAS OR SEEKS
CERTIFICATION AS AN EXCLUSIVE REPRESENTATIVE SHALL FILE WITH THE