2485
ANNE ARUNDEL COUNTY

(2) PROVIDED, HOWEVER, THAT NO UNIT SHALL
BE ESTABLISHED SOLELY ON THE BASIS OF THE EXTENT TO
WHICH EMPLOYEES IN THE UNIT HAVE ORGANIZED, AND THAT
PROFESSIONAL EMPLOYEES SHALL NOT BE DENIED THE RIGHT
TO BE REPRESENTED SEPARATELY FROM NON-PROFESSIONAL
EMPLOYEES, NOR SHALL MANAGEMENT AND CONFIDENTIAL
EMPLOYEES BE INCLUDED IN THE SAME UNIT WITH
NON-MANAGEMENT OR NON-CONFIDENTIAL EMPLOYEES.

(C)   IN THE EVENT THAT THE PERSONNEL OFFICER AND
THE PETITIONING EMPLOYEE ORGANIZATION ARE IN
DISAGREEMENT AS TO THE DETERMINATION OF THE
APPROPRIATE REPRESENTATION UNIT, THE ISSUE SHALL BE
SUBMITTED TO ARBITRATION AT THE REQUEST OF EITHER
PARTY. IF THE PARTIES ARE UNABLE OTHERWISE TO AGREE
ON AN ARBITRATOR WITHIN FIVE (5) DAYS OF THE INITIAL
REQUEST, THEY SHALL MAKE THEIR SELECTION FROM A LIST
OF FIVE (5) NEUTRALS SUBMITTED BY THE AMERICAN
ARBITRATION ASSOCIATION. IF THE PARTIES ARE UNABLE TO
AGREE UPON THE SELECTION OF ONE OF THE ARBITRATORS
WITHIN THREE (3) WORK DAYS AFTER RECEIPT OF THE LIST,
THEN THE ADMINISTRATION AND THE EMPLOYEE ORGANIZATION
SHALL STRIKE ONE NAME FROM THE LIST ALTERNATELY UNTIL
ONE NAME REMAINS. THE REMAINING PERSON SHALL BE THE
DULY SELECTED ARBITRATOR. IF, FOR ANY REASON, THE
SELECTED ARBITRATOR IS UNABLE TO SERVE, THEN THE
ARBITRATOR SHALL BE APPOINTED DIRECTLY BY THE AMERICAN
ARBITRATION ASSOCIATION. THE ARBITRATOR SHALL RENDER
HIS DECISION WITHIN THIRTY (30) CALENDAR DAYS AFTER
HIS APPOINTMENT UNLESS THE PARTIES MUTUALLY AGREE TO
EXTEND THE TIME LIMIT. THE ARBITRATOR'S DECISION
SHALL BE FINAL AND BINDING ON THE PARTIES. THE COST
OF ARBITRATION SHALL BE BORNE EQUALLY BY THE PARTIES
INVOLVED.

(D)    (1) WHEN AN APPROPRIATE REPRESENTATION UNIT
HAS BEEN DETERMINED, THE PERSONNEL OFFICER SHALL GIVE
ADEQUATE AND TIMELY NOTICE OF THE DETERMINATION TO ALL
EMPLOYEES WITH THE NEWLY ESTABLISHED REPRESENTATION
UNIT, AND SHALL ARRANGE FOR A SECRET BALLOT
CERTIFICATION ELECTION TO BE CONDUCTED BY THE MARYLAND
STATE DEPARTMENT OF LICENSING AND REGULATION, DIVISION
OF LABOR AND INDUSTRY, IN WHICH THE EMPLOYEES IN SUCH
UNIT SHALL BE OFFERED A CHOICE BETWEEN EXCLUSIVE
REPRESENTATION BY THE PETITIONING EMPLOYEE
ORGANIZATION OR OF NO EXCLUSIVE REPRESENTATION.
PROVIDED HOWEVER, THAT IF AN INTERVENOR EMPLOYEE
ORGANIZATION CERTIFIES THAT AT LEAST TEN PERCENT (10%)
OF THE EMPLOYEES IN THE UNIT HAVE DESIGNATED IT TO
REPRESENT THEM IN THEIR EMPLOYMENT RELATIONS WITH THE