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Session Laws, 1955
Volume 620, Page 998   View pdf image (33K)
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998                               LAWS OF MARYLAND                        [CH. 615

of the Commissioner of the Department of Labor and Industry, may
enter into a consent election agreement leading to a determination
by the Commissioner or his duly authorized representatives of the
facts ascertained after such consent election. Such agreement shall
include a description of the appropriate unit, the time and place of
holding the election, and the payroll to be used in determining what
employees within the appropriate unit shall be eligible to vote. Such
consent election shall be conducted under the direction and super-
vision of the Commissioner or his duly authorized representatives,
and the rulings and determinations by the Commissioner or his duly
authorized representatives of the results thereof shall be final, and
the Commissioner or his duly authorized representatives shall issue
to the parties a certification of the results of the election, including
certification of representatives where appropriate.

12B. (Election Procedure.) (a) All elections shall be by secret
ballot. Whenever two or more labor organizations are included as
choices in an election, either participant, upon its prompt request to
and a/pproval thereof by the Commissioner or his duly authorized
representatives, whose decision shall be final, may have its name
removed from the ballot. Any party may be represented by observers
of his own selection, subject to such limitations as the Commissioner
or his duly authorized representatives may prescribe. Any party
and the Department of Labor and Industry representatives may chal-
lenge, for good cause, the eligibility of any person to participate in
the election. The ballots of such challenged persons shall be im-
pounded. Upon the conclusion of the election, the Commissioner or
his duly authorized representatives shall cause to be furnished to the
parties a tally of the ballots. Within five days after the tally of
ballots has been furnished, any party may file with the Commis-
sioner four copies of objections to the conduct of the election or
conduct affecting the results of the election, which shall contain a
short statement of the reasons therefor. Such filing must be timely
whether or not the challenged ballots are sufficient in number to
affect the results of the election. Copies of such objections shall
immediately be served upon each of the other parties by the party
filing them, and proof of service shall be made to the Department of
Labor and Industry.

(b)  If no objections are filed within the time set forth above, if
the challenged ballots are insufficient in number to affect the result
of the election, and if no run-off election is to be held, the Commis-
sioner or his duly authorized representatives shall forthwith issue
to the parties a certification of the results of the election, including
certification of representatives, and the proceeding will thereupon
be closed.

(c)  If objections are filed to the conduct of the election or conduct
affecting the result of the election, or if the challenged ballots are
sufficient in number to affect the result of the election, the Commis-
sioner or his duly authorized representatives shall investigate such
objections, challenges or both, and shall prepare and cause to be
served upon the parties a report on challenged ballots, objections, or
both, including recommendations. Within ten days from the date of
issuance of the report on challenged ballots, objections, or both any
party may file with the Department of Labor, four copies of excep-
tions to such report. Immediately u/pon the filing of such exceptions,
the party filing the same shall serve a copy thereof upon each of the


 

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Session Laws, 1955
Volume 620, Page 998   View pdf image (33K)
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