2920

LAWS OF MARYLAND

Ch. 1015

(B) THE PUBLIC EMPLOYER SHALL DETERMINE WHETHER A
PUBLIC EMPLOYEE IS TO BE CONSIDERED A PUBLIC EMPLOYEE FOR
COLLECTIVE BARGAINING PURPOSES. EITHER PARTY OR AN EMPLOYEE

ORGANIZATION MAY APPEAL THE DETERMINATION TO THE

COMMISSIONER FOR A FINAL AND BINDING DECISION.

(C) UPON RECEIPT OF A PETITION FOR AN ELECTION FOR

EXCLUSIVE REPRESENTATIVE, THE COMMISSIONER SHALL INVESTIGATE

THE PETITION FOR PURPOSES OF VERIFICATION AND VALIDATION,

AND CONDUCT A PUBLIC HEARING, RECEIVE WRITTEN AND ORAL

TESTIMONY, AND THEREAFTER FILE AN ORDER DEFINING THE MOST

APPROPRIATE BARGAINING UNIT. THERE SHALL BE NO MORE THAN

TWO PROFESSIONAL UNITS. IN DEFINING A BARGAINING UNIT, THE

COMMISSIONER SHALL CONSIDER, IN ADDITION TO OTHER RELEVANT

FACTORS, THE EFFICIENCY OF OPERATIONS OF THE PUBLIC

EMPLOYER, THE EFFECT OF OVER-FRAGMENTATION OF BARGAINING
UNITS ON THE EFFICIENT ADMINISTRATION OF THE PUBLIC
EMPLOYER, THE COMMUNITY OF INTEREST OF PUBLIC EMPLOYEES, AND
THE ADMINISTRATIVE STRUCTURE OF THE PUBLIC EMPLOYER. THE
COMMISSIONER MAY NOT FIND ANY UNIT APPROPRIATE THAT INCLUDES

BOTH PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES UNLESS A

MAJORITY OF EACH GROUP VOTES FOR INCLUSION THEREIN.

(D) (1) AFTER OCTOBER 1, 1978, AN ELECTION FOR

EXCLUSIVE REPRESENTATIVE SHALL BE CONDUCTED BY THE

COMMISSIONER FOR EACH UNIT AFTER THE REQUIREMENTS OF

SUBSECTION (B) AND SUBSECTION (C) OF THIS SUBTITLE HAVE BEEN
MET BY THAT UNIT.

(2) A PETITION FOR AN ELECTION MAY BE SUBMITTED

BY:

(I) AN EMPLOYEE ORGANIZATION

DEMONSTRATING THAT 30 PERCENT OF THE EMPLOYEES IN A

BARGAINING UNIT WISH TO BE REPRESENTED FOR COLLECTIVE
BARGAINING BY AN EXCLUSIVE REPRESENTATIVE;

(II) A PUBLIC EMPLOYEE, A GROUP OF__PUBLIC

EMPLOYEES, OR AN EMPLOYEE ORGANIZATION DEMONSTRATING THAT 30

PERCENT OF THE EMPLOYEES ASSERT THE DESIGNATED EXCLUSIVE

REPRESENTATIVE IS NO LONGER THE REPRESENTATIVE OF THE

MAJORITY OF EMPLOYEES IN THE UNIT; OR

(III) THE PUBLIC EMPLOYER DEMONSTRATING

THAT ONE OR MORE EMPLOYEE ORGANIZATIONS HAS PRESENTED TO IT
A CLAIM, SUPPORTED BY SUBSTANTIAL PROOF, TO BE CERTIFIED AS
THE EXCLUSIVE REPRESENTATIVE, AND THE COMMISSIONER FINDS, ON

INVESTIGATION__OF THE PETITION, THAT A VALID QUESTION OF

REPRESENTATION EXISTS.

(3) THERE SHALL BE ON THE BALLOT:

(I) THE NAME OR NAMES OF THE EMPLOYEE

ORGANIZATION SUBMITTING THE VALID PETITION;

(II) THE NAME OF ANY OTHER EMPLOYEE

ORGANIZATION OR ORGANIZATIONS DESIGNATED ON A VALID PETITION
SIGNED BY MORE THAN 10 PERCENT OF THE EMPLOYEES IN THE