MARVIN MANDEL, Governor                                2461

BEING REPRESENTED AS TO ALL MATTERS RELATING TO SALARIES,
WAGES, HOURS AND OTHER WORKING CONDITIONS. AN EMPLOYEE

ORGANIZATION MAY ESTABLISH REASONABLE RESTRICTIONS

REGARDING WHO MAY JOIN AND MAY MAKE REASONABLE PROVISIONS
FOR THE DISMISSAL OF INDIVIDUALS FROM MEMBERSHIP; EXCEPT

THAT THESE RESTRICTIONS AND PROVISIONS SHALL NOT

DISCRIMINATE WITH REGARD TO THE TERMS OR CONDITIONS OF

MEMBERSHIP BECAUSE OF RACE, COLOR, MARITAL STATUS, CREED,
SEX, AGE, OR NATIONAL ORIGIN.

(C)    PUBLIC SCHOOL EMPLOYEES ALSO HAVE THE RIGHT TO

REFUSE TO JOIN OR PARTICIPATE IN THE ACTIVITIES OF

EMPLOYEE ORGANIZATIONS.

(D)    IN EACH COUNTY [[AND BALTIMORE CITY]], EXCEPT

THE FOLLOWING: CARROLL, FREDERICK, HOWARD, SOMERSET,

WICOMICO AND WORCESTER THE PUBLIC SCHOOL EMPLOYER MAY

DESIGNATE, AS HEREINAFTER PROVIDED, WHICH IF ANY,

EMPLOYEE ORGANIZATION SHALL BE THE EXCLUSIVE

REPRESENTATIVE OF ALL PUBLIC SCHOOL EMPLOYEES IN A

SPECIFIED UNIT IN THE COUNTY [[OR BALTIMORE CITY]]. THE

DETERMINATION OF THE COMPOSITION OF THE UNIT SHALL BE

MADE BY THE PUBLIC SCHOOL EMPLOYER IN NEGOTIATION WITH
THOSE EMPLOYEE ORGANIZATIONS WHICH REQUEST NEGOTIATION
THEREON; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THERE

BE MORE THAN THREE UNITS IN ANY COUNTY [[OR BALTIMORE

CITY]] AND NO UNIT SHALL INCLUDE BOTH SUPERVISORY AND
NON-SUPERVISORY EMPLOYEES; AND PROVIDED FURTHER THAT IN
ANY COUNTY [[OR BALTIMORE CITY]] IN WHICH MORE THAN THREE
UNITS HAVE BEEN RECOGNIZED AND, AS OF THE EFFECTIVE DATE

OF THIS ACT, HAVE EXCLUSIVE REPRESENTATION FOR THE

PURPOSES OF COLLECTIVE NEGOTIATIONS, SAID UNITS MAY

CONTINUE AS NEGOTIATING UNITS. ALL PUBLIC SCHOOL

EMPLOYEES SHALL BE INCLUDED IN ONE OF SAID UNITS AND
SHALL BE PERMITTED ALL THE RIGHTS GRANTED HEREIN. EXCEPT

FOR PERSONS DESIGNATED AS MANAGEMENT PERSONNEL OR

CONFIDENTIAL EMPLOYEES UNDER THIS SECTION, ALL PUBLIC

SCHOOL EMPLOYEES ARE ELIGIBLE FOR MEMBERSHIP IN ONE OF

THE NEGOTIATING UNITS.

(E)    THE DESIGNATION OF AN EXCLUSIVE REPRESENTATIVE
IS MADE UPON THE FOLLOWING BASIS:

(1) WHERE AN EMPLOYEE ORGANIZATION CERTIFIES
TO THE PUBLIC SCHOOL EMPLOYER THAT IT HAS A MEMBERSHIP
ENROLLMENT OF AT LEAST THIRTY PERCENT (30%) OF THE TOTAL
NUMBER OF PUBLIC SCHOOL EMPLOYEES IN A SPECIFIED UNIT IN

A__COUNTY [[OR BALTIMORE CITY]], AS OF JUNE 1 OF THE YEAR

IN WHICH CERTIFICATION IS MADE, SUCH CERTIFICATION

CONSTITUTES A__REQUEST FOR RECOGNITION AS EXCLUSIVE

REPRESENTATIVE OF ALL PUBLIC SCHOOL EMPLOYEES IN THE UNIT
IN THE COUNTY (TOR BALTIMORE CITY]].

(2) THEREAFTER, IF ANY OTHER EMPLOYEE