Marvin Mandel, Governor                         787

Labor and Industry," subtitle "Arbitration of Labor Disputes," be
and it is hereby repealed and re-enacted, with amendments, to
read as follows:

12.

(a)  An employer and any individuals or labor organizations rep-
resenting a substantial number of employees involved may petition
the Commissioner of the Department of Labor and Industry, in such
form as prescribed by the Commissioner, for permission to enter into
a consent election agreement leading to a determination by the
Commissioner or his duly authorized representative of the facts
ascertained after such consent election. Where a petition has been
duly filed, the Commissioner shall cause notice of such petition to be
posted at the place of employment for a period of time sufficient
for all interested parties to be made aware of the nature and purpose
of the petition. The notice of each such petition caused to be posted
by the Commission shall state that any organization may file an
objection or exception to the petition with the Commissioner within
a time period prescribed by the Commissioner, such time period to
be not less than one week from the date of the posting of such notice.
If no objections or exceptions to the petition are received by the
Commissioner within the time period prescribed by the Commissioner,
he shall grant approval to the petitioner to enter into a consent
election agreement. 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 [such] which employees within,
the appropriate unit shall be eligible to vote. Such consent election
shall be conducted under the direction and supervision of the Com-
missioner or his duly authorized representatives, and the rulings
and determinations by the Commissioner or his duly authorized rep-
resentatives of the results thereof shall be final, and the Commis-
sioner or his duly authorized representatives shall issue to the par-
ties a certification of the results of the election, including certifica-
tion of representatives where appropriate.

(b)   Where objections or exceptions to the petition are received by
the Commissioner from an organization or organizations purporting
to represent a substantial number of employees involved, the Com-
missioner shall cause an investigation to be made into the objections
or exceptions. If, as a result of the investigation, it appears to the
Commissioner from such objections or exceptions that the organiza-
tion or organizations do appear to represent a substantial number
of employees involved, the Commissioner shall cause the name of
the organization or organizations to be placed on the official ballot
to be used in the consent election.

(c)   Where a bargaining unit has been certified by the Commis-
sioner or his duly authorized representative as a result of a consent
election or where a bargaining unit has been established without
benefit of an election and an organization or organizations have
been extended the right to represent the unit for purposes of
collective bargaining, a petition supported by 30% or more of the
employees in the unit may be filed with the Commissioner request-
ing decertification of the certified or currently recognized bargaining
representative; provided, however, that no such petition may be filed
within 12 months following certification or recognition resulting from
a secret ballot election. Upon receipt of such petition the Commis-