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Session Laws, 1993
Volume 772, Page 2811   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                            Ch. 561

(II)     THE NAME OF ANY OTHER EMPLOYEE ORGANIZATION
SUPPORTED BY A PETITION SIGNED BY AT LEAST 10 PERCENT OF THE ELIGIBLE
EMPLOYEES IN THE BARGAINING UNIT; AND

(III)    AN OPTION FOR NO REPRESENTATION.

(5) (I) IF NONE OF THE CHOICES ON THE BALLOT RECEIVES A
MAJORITY OF THE VOTES CAST, THE LABOR RELATIONS ADMINISTRATOR SHALL
HOLD A RUNOFF ELECTION.

(II) IN THE RUNOFF ELECTION, THE BALLOT SHALL CONTAIN THE
TWO CHOICES THAT RECEIVED THE HIGHEST NUMBER OF VOTES IN THE INITIAL
ELECTION.

(6)      AFTER THE ELECTION, THE LABOR RELATIONS ADMINISTRATOR
SHALL CERTIFY THE APPROPRIATE EMPLOYEE ORGANIZATION AS THE EXCLUSIVE
REPRESENTATIVE.

(7)      THE COMMISSION AND THE EMPLOYEE ORGANIZATION SHALL
SHARE EQUALLY THE COSTS OF THE ELECTION PROCEDURES.

(H) (1) ELECTIONS MAY NOT BE CONDUCTED:

(I)      WITHIN 1 YEAR FROM THE DATE OF A VALID ELECTION
UNDER THIS SECTION; 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 DURING NOVEMBER OF THE
FISCAL YEAR IN WHICH THE AGREEMENT EXPIRES.

(I) (1) IF THE COMMISSION AND AN EMPLOYEE ORGANIZATION DISPUTE
THE ELIGIBILITY OF AN EMPLOYEE IN A BARGAINING UNIT, THE DISPUTE SHALL BE
SUBMITTED TO THE LABOR RELATIONS ADMINISTRATOR.

(2)      THE LABOR RELATIONS ADMINISTRATOR SHALL HOLD
EVIDENTIARY HEARINGS AT WHICH THE COMMISSION AND INTERESTED EMPLOYEE
ORGANIZATIONS SHALL HAVE THE OPPORTUNITY TO PRESENT TESTIMONY,
DOCUMENTARY AND OTHER EVIDENCE, AND ARGUMENTS.

(3)      THE DECISION OF THE LABOR RELATIONS ADMINISTRATOR IS

FINAL.

(4)      THE COMMISSION AND THE EMPLOYEE ORGANIZATION SHALL
SHARE EQUALLY THE COSTS OF THE HEARINGS.

(J) (1) THE COMMISSION AND AN EMPLOYEE ORGANIZATION CERTIFIED
AS EXCLUSIVE REPRESENTATIVE SHALL MEET AND ENGAGE IN COLLECTIVE
BARGAINING IN GOOD FAITH IN REGARD TO THE FOLLOWING SUBJECTS OF
BARGAINING:

- 2811 -

 

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Session Laws, 1993
Volume 772, Page 2811   View pdf image
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