BLAIR LEE III, Acting Governor                        2921

APPROPRIATE BARGAINING UNIT;

(III) A PROVISION FOR "NO REPRESENTATION".

(4) IN ANY ELECTION WHERE NONE OF THE CHOICES

ON THE BALLOT RECEIVES A MAJORITY OF THE VOTES CAST, A

RUNOFF ELECTION SHALL BE CONDUCTED, WITH THE BALLOT

PROVIDING FOR A SELECTION BETWEEN THE TWO CHOICES RECEIVING
THE HIGHEST NUMBER OF BALLOTS CAST IN THE ELECTION. AN
EMPLOYEE ORGANIZATION RECEIVING A MAJORITY OF VOTES CAST IN
AN ELECTION SHALL BE CERTIFIED BY THE COMMISSIONER AS THE
EXCLUSIVE REPRESENTATIVE FOR COLLECTIVE BARGAINING PURPOSES.

AN EMPLOYEE ORGANIZATION MAY NOT BE CERTIFIED AS AN

EXCLUSIVE REPRESENTATIVE. EXCEPT PURSUANT TO THE PROVISIONS
OF THIS SECTION.

(5) ALL ELECTIONS SHALL BE CONDUCTED (1) BY
SECRET BALLOT AND (2) BY THE COMMISSIONER OR HIS DESIGNEE.

(6) ELECTIONS MAY NOT BE CONDUCTED IN ANY UNIT

WITHIN WHICH A VALID ELECTION HAS BEEN HELD WITHIN THE

PRECEDING 2 YEARS.

(E) (1) THE PUBLIC EMPLOYER SHALL EXTEND TO AN

EMPLOYEE ORGANIZATION CERTIFIED AS EXCLUSIVE REPRESENTATIVE

THE RIGHT TO REPRESENT THE PUBLIC EMPLOYEES OF THE UNIT
INVOLVED IN COLLECTIVE BARGAINING AND IN THE SETTLEMENT OF
GRIEVANCES.

(2) AN EMPLOYEE ORGANIZATION CERTIFIED AS THE
EXCLUSIVE REPRESENTATIVE SHALL SERVE AS THE BARGAINING AGENT

FOR ALL PUBLIC EMPLOYEES IN THE BARGAINING UNIT. THE

ORGANIZATION SHALL REPRESENT FAIRLY AND WITHOUT

DISCRIMINATION ALL PUBLIC EMPLOYEES IN THE UNIT WITHOUT
REGARD TO WHETHER THE EMPLOYEES ARE MEMBERS OF THE EMPLOYEE
ORGANIZATION.

(3) EVERY EMPLOYEE ORGANIZATION WHICH HAS OR
SEEKS CERTIFICATION AS AN EXCLUSIVE REPRESENTATIVE SHALL
FILE WITH THE PUBLIC EMPLOYER AND THE COMMISSIONER, A COPY
OF THE EMPLOYEE ORGANIZATION'S CONSTITUTION AND BYLAWS. ALL

CHANGES AND AMENDMENTS TO THE CONSTITUTION AND BYLAWS SHALL

BE PROMPTLY REPORTED.

(4) EVERY EMPLOYEE ORGANIZATION SHALL FILE WITH
THE PUBLIC EMPLOYER AND THE COMMISSIONER AN ANNUAL REPORT.

IT SHALL INCLUDE A FINANCIAL REPORT SIGNED BY ITS PRESIDENT

AND TREASURER OR CORRESPONDING PRINCIPAL OFFICERS CONTAINING

INFORMATION IN SUCH DETAIL AS NECESSARY ACCURATELY TO

DISCLOSE ITS FINANCIAL CONDITION AND OPERATIONS.

(5) THE CONSTITUTION OR BYLAWS OF EVERY

EMPLOYEE ORGANIZATION SHALL PROVIDE THAT:

(I) IT SHALL INCLUDE A PLEDGE THAT THE

ORGANIZATION WILL ACCEPT MEMBERS WITHOUT REGARD TO AGE,

RACE, SEX, RELIGION, MARITAL STATUS, OR NATIONAL ORIGIN.