(I) THE BOARD HAS CERTIFIED AN EXCLUSIVE REPRESENTATIVE
FOR THAT BARGAINING UNIT WITHIN THE PRECEDING 2 YEARS; OR

(II) THE BARGAINING UNIT HAS IN EFFECT A VALID COLLECTIVE
BARGAINING AGREEMENT THAT, BY ITS TERMS, DOES NOT EXCEED 3 YEARS.

(2) THE LIMITATION OF PARAGRAPH (1)(II) OF THIS SUBSECTION DOES
NOT APPLY IF THE PETITION FOR ELECTION IS FILED NOT MORE THAN 90 DAYS
BEFORE EXISTING COLLECTIVE BARGAINING AGREEMENT EXPIRES.

3-402.

(A) A PETITION FOR THE ELECTION OF AN EXCLUSIVE REPRESENTATIVE OF A
BARGAINING UNIT MAY BE FILED WITH THE BOARD BY:

(1) AN EMPLOYEE ORGANIZATION SEEKING CERTIFICATION AS
EXCLUSIVE REPRESENTATIVE; OR

(2) AN EMPLOYEE, A GROUP OF EMPLOYEES, OR AN EMPLOYEE
ORGANIZATION SEEKING A NEW ELECTION TO DETERMINE AN EXCLUSIVE
REPRESENTATIVE.

(B) A PETITION SHALL:

(1) CONTAIN THE INFORMATION THE BOARD REQUIRES; AND

(2) MUST BE ACCOMPANIED BY A SHOWING OF INTEREST SUPPORTED
BY 30% OF THE EMPLOYEES IN THE APPROPRIATE UNIT INDICATING THEIR DESIRE
TO BE EXCLUSIVELY REPRESENTED BY THE PETITIONER FOR THE PURPOSE OF
COLLECTIVE BARGAINING.

3-403.  

(A) (1) THE BOARD SHALL DETERMINE THE APPROPRIATENESS OF EACH
BARGAINING UNIT.

(2) IF THERE IS NO DISPUTE ABOUT THE APPROPRIATENESS OF THE
ESTABLISHMENT OF THE BARGAINING UNIT SOUGHT, THE BOARD SHALL ISSUE AN ORDER DEFINING AN APPROPRIATE BARGAINING UNIT.

(3) IF THERE IS A DISPUTE ABOUT THE APPROPRIATENESS OF THE
ESTABLISHMENT OF THE BARGAINING UNIT SOUGHT, THE BOARD SHALL:

(I) CONDUCT A HEARING; AND

(II) ISSUE AN ORDER DEFINING AN APPROPRIATE BARGAINING
UNIT. 

(B) IF THE APPROPRIATE BARGAINING UNIT AS DETERMINED BY THE BOARD
DIFFERS FROM THE BARGAINING UNIT DESCRIBED IN THE PETITION, THE BOARD

MAY:

(1) DISMISS THE PETITION; OR