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Session Laws, 1999
Volume 796, Page 2208   View pdf image
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(C) (1) ALL ELECTIONS SHALL BE CONDUCTED BY SECRET BALLOT.

(2) THE BOARD SHALL PLACE THE FOLLOWING CHOICES ON THE

BALLOT:

(I) THE NAME OF THE EXCLUSIVE REPRESENTATIVE, IF ANY;

(II) THE NAME OF THE EMPLOYEE ORGANIZATION DESIGNATED IN
THE PETITION FILED UNDER § 3-402 OF THIS SUBTITLE WITH RESPECT TO AN
APPROPRIATE BARGAINING UNIT;

(III) THE NAME OF EACH EMPLOYEE ORGANIZATION DESIGNATED
IN A PETITION FILED WITH THE BOARD, WITHIN 15 DAYS OF NOTICE OF THE
PENDING ELECTION PETITION, THAT INCLUDES THE SIGNATURES OF AT LEAST 10%
OF THE EMPLOYEES IN THE APPROPRIATE BARGAINING UNIT; AND

(IV) A PROVISION FOR "NO EXCLUSIVE REPRESENTATIVE".

(D) IF NONE OF THE CHOICES ON A BALLOT RECEIVES A MAJORITY OF THE
VOTES CAST IN AN ELECTION, THE BOARD SHALL CONDUCT A RUNOFF ELECTION
BETWEEN THE CHOICES THAT RECEIVED THE TWO HIGHEST NUMBER OF VOTES IN
THE ELECTION.

3-406.

(A) THE BOARD SHALL CERTIFY AS EXCLUSIVE REPRESENTATIVE THE
EMPLOYEE ORGANIZATION RECEIVING THE VOTES IN AN ELECTION FROM A
MAJORITY OF THE EMPLOYEES VOTING IN THE ELECTION.

(B) WITHOUT CONDUCTING AN ELECTION, THE BOARD SHALL CERTIFY AS
EXCLUSIVE REPRESENTATIVE THE EMPLOYEE ORGANIZATION DESIGNATED IN THE
PETITION FILED UNDER § 3-402 OF THIS SUBTITLE, IF:

(1) THAT ORGANIZATION IS THE ONLY EMPLOYEE ORGANIZATION THAT
WOULD BE NAMED ON A BALLOT IN AN ELECTION; AND

(2) THE ORGANIZATION FILES WITH THE BOARD A CERTIFICATION THAT
A MAJORITY OF THE EMPLOYEES IN THE BARGAINING UNIT WANT TO BE
REPRESENTED BY THAT ORGANIZATION.

(C) AFTER NOTICE AND AN OPPORTUNITY FOR A HEARING, THE BOARD MAY
DENY OR REVOKE CERTIFICATION AS EXCLUSIVE REPRESENTATIVE OF AN
EMPLOYEE ORGANIZATION FOR WILLFUL FAILURE TO COMPLY WITH:

(1) THIS TITLE; OR

(2) THE GOVERNING DOCUMENTS OF THE ORGANIZATION.

3-407.

AN EMPLOYEE ORGANIZATION CERTIFIED AS THE EXCLUSIVE
REPRESENTATIVE SHALL:

 

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Session Laws, 1999
Volume 796, Page 2208   View pdf image
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