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ROBERT L. EHRLICH, JR., Governor
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H.B. 541
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C. ENGAGE IN COLLECTIVE BARGAINING WITH THE
SHERIFF, OR THE SHERIFF'S DESIGNEE, CONCERNING WAGES AND BENEFITS, NOT
REGULATED BY THE SHERIFF, THROUGH A LABOR ORGANIZATION CERTIFIED AS
THEIR EXCLUSIVE REPRESENTATIVE;
D. SUBJECT TO SUBSUBPARAGRAPH 2 OF THIS
SUBPARAGRAPH, ENTER INTO A COLLECTIVE BARGAINING AGREEMENT, THROUGH
THEIR EXCLUSIVE REPRESENTATIVE, COVERING THOSE WAGES AND BENEFITS NOT
REGULATED BY THE SHERIFF; AND
E. DECERTIFY A LABOR ORGANIZATION AS THEIR
EXCLUSIVE REPRESENTATIVE.
2. ANY ADDITIONAL FUNDING REQUIRED AS A RESULT OF A
NEGOTIATED COLLECTIVE BARGAINING AGREEMENT SHALL BE SUBJECT TO
APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS OF FREDERICK COUNTY.
(III) 1. A LABOR ORGANIZATION SHALL BE DEEMED CERTIFIED
AS AN EXCLUSIVE REPRESENTATIVE IF THE FOLLOWING CONDITIONS ARE MET:
A. A PETITION FOR THE LABOR ORGANIZATION TO BE
RECOGNIZED BY THE SHERIFF IS SIGNED BY AT LEAST 51% OF THE DEPUTY
SHERIFFS AT THE RANK OF SERGEANT AND BELOW INDICATING THEIR DESIRE TO BE
EXCLUSIVELY REPRESENTED BY THE PETITIONER FOR THE PURPOSE OF
COLLECTIVE BARGAINING; AND
B. THE PETITION IS SUBMITTED TO THE SHERIFF.
2. IF THE SHERIFF DOES NOT CHALLENGE THE VALIDITY OF
THE PETITION WITHIN 10 CALENDAR DAYS FOLLOWING THE RECEIPT OF THE
PETITION, THE LABOR ORGANIZATION SHALL BE DEEMED CERTIFIED AS THE
EXCLUSIVE REPRESENTATIVE.
3. IF THE SHERIFF CHALLENGES THE VALIDITY OF THE
PETITION, THE AMERICAN ARBITRATION ASSOCIATION SHALL BE REQUESTED TO
APPOINT A THIRD PARTY NEUTRAL TO CONDUCT AN ELECTION AND TO CERTIFY
WHETHER THE LABOR ORGANIZATION HAS BEEN SELECTED AS THE EXCLUSIVE
REPRESENTATIVE BY A MAJORITY OF THE VOTES CAST IN THE ELECTION.
4. THE COSTS ASSOCIATED WITH THE AMERICAN
ARBITRATION ASSOCIATION AND THE THIRD PARTY NEUTRAL SHALL BE SHARED
EQUALLY BY THE PARTIES.
(IV) 1. FOLLOWING CERTIFICATION OF AN EXCLUSIVE
REPRESENTATIVE AS PROVIDED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE
PARTIES SHALL MEET AT REASONABLE TIMES AND ENGAGE IN COLLECTIVE
BARGAINING IN GOOD FAITH.
2. THE PARTIES SHALL MAKE EVERY REASONABLE EFFORT
TO CONCLUDE NEGOTIATIONS IN A TIMELY MANNER TO ALLOW FOR INCLUSION BY
THE OFFICE OF THE SHERIFF OF MATTERS AGREED UPON IN ITS BUDGET REQUEST
TO THE BOARD OF COUNTY COMMISSIONERS OF FREDERICK COUNTY.
- 4115 -
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