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ROBERT L. EHRLICH, JR., Governor
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Ch. 63
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(1) AN EMPLOYEE ORGANIZATION CERTIFIED AS THE EXCLUSIVE
REPRESENTATIVE OF A BARGAINING UNIT SHALL:
(I) SERVE AS THE ONLY BARGAINING AGENT FOR THE UNIT IN
COLLECTIVE BARGAINING; AND
(II) REPRESENT ALL EMPLOYEES IN THE UNIT FAIRLY, WITHOUT
DISCRIMINATION, AND WITHOUT REGARD TO WHETHER AN EMPLOYEE IS A MEMBER
OF THE EMPLOYEE ORGANIZATION.
(2) AN EMPLOYEE ORGANIZATION MEETS THE REQUIREMENTS OF
PARAGRAPH (1)(II) OF THIS SUBSECTION AS LONG AS ITS ACTIONS ARE NOT
ARBITRARY, DISCRIMINATORY, OR IN BAD FAITH TOWARD:
(I) EMPLOYEES WHO ARE MEMBERS OF THE EMPLOYEE
ORGANIZATION; OR
(II) EMPLOYEES WHO ARE NOT MEMBERS OF THE EMPLOYEE
ORGANIZATION.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 44A, § 2-106(d) and (c)(2).
Defined term: "Montgomery Commission" § 16-101
16-304. LABOR RELATIONS ADMINISTRATOR
(A) APPOINTMENT BY EXCLUSIVE REPRESENTATIVE OR REPRESENTATIVES
AND MONTGOMERY COMMISSION.
THE EXCLUSIVE REPRESENTATIVE OR REPRESENTATIVES AND THE
MONTGOMERY COMMISSION SHALL APPOINT A LABOR RELATIONS ADMINISTRATOR
FROM A LIST OF FIVE NOMINEES ON WHOM THEY HAVE AGREED.
(B) TERM OF ADMINISTRATOR
THE TERM OF THE LABOR RELATIONS ADMINISTRATOR IS 5 YEARS.
(C) REAPPOINTMENT.
A LABOR RELATIONS ADMINISTRATOR IS ELIGIBLE FOR REAPPOINTMENT.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 44A, § 2-106(e).
In subsection (a) of this section, the provisions in former Art. 44A, §
2-106(e)(l) and (2) that required the Montgomery Commission to appoint
an experienced neutral third party to serve as labor relations
administrator before an administrator is appointed by the exclusive
representative or representatives and the Montgomery Commission are
deleted as obsolete. Similarly, former Art. 44A, § 2-106(e)(3), which
required the Montgomery Commission to appoint the next labor relations
administrator for a term not exceeding 1 year if no exclusive
representative has been certified, is deleted as obsolete.
- 515 -
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