Ch. 561

1993 LAWS OF MARYLAND

(4) (I) IF NONE OF THE CHOICES ON THE BALLOT RECEIVES A
MAJORITY OF THE VOTES CAST, THE STATE COMMISSIONER OF LABOR AND
INDUSTRY OR THE NEUTRAL 3RD PARTY SHALL HOLD A RUNOFF ELECTION.

(II) IN THE RUNOFF ELECTION, THE BALLOT SHALL CONTAIN THE 2
CHOICES THAT RECEIVED THE HIGHEST NUMBER OF VOTES IN THE INITIAL
ELECTION.

(5) AFTER THE ELECTION, THE STATE COMMISSIONER OF LABOR AND
INDUSTRY OR THE NEUTRAL 3RD PARTY SHALL CERTIFY THE APPROPRIATE
EMPLOYEE ORGANIZATION AS THE EXCLUSIVE REPRESENTATIVE.

(F)     (1) IF THE COMMISSION AND AN EMPLOYEE ORGANIZATION DISPUTE
THE ELIGIBILITY OF AN EMPLOYEE IN A BARGAINING UNIT, THE DISPUTE SHALL BE
SUBMITTED TO AN ARBITRATOR WHO IS MUTUALLY SELECTED FROM A LIST
PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION OR THE FEDERAL
MEDIATION AND CONSOLIDATION SERVICE.

(2)    IN DETERMINING WHETHER AN EMPLOYEE SHOULD BE INCLUDED
IN A BARGAINING UNIT, THE ARBITRATOR SHALL CONSIDER THE:

(I) COLLECTIVE BARGAINING HISTORY;

(II) COMMUNITY OF INTEREST OF AFFECTED EMPLOYEES;

(III) DESIRES OF EMPLOYEES; AND

(IV) EFFECTIVENESS AND EFFICIENCY OF LABOR MANAGEMENT
RELATIONS IN THE UNIT.

(3) THE DECISION OF THE ARBITRATOR IS FINAL.

(4) THE COMMISSION AND THE EMPLOYEE ORGANIZATION SHALL
SHARE EQUALLY THE COSTS OF THE ARBITRATION.

(G)    (1) ELECTIONS MAY NOT BE CONDUCTED:

(I) WITHIN 2 YEARS FROM THE DATE OF A VALID ELECTION
UNDER THIS SECTION; OR

(II) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
DURING THE TERM OF A COLLECTIVE BARGAINING AGREEMENT.

(2) DURING THE TERM OF A COLLECTIVE BARGAINING AGREEMENT, A
PETITION FOR AN ELECTION MAY BE FILED ONLY DURING NOVEMBER OF THE
FISCAL YEAR WHEN THE AGREEMENT EXPIRES.

(H) (1) THE COMMISSION AND AN EMPLOYEE ORGANIZATION CERTIFIED
AS EXCLUSIVE REPRESENTATIVE SHALL MEET AND ENGAGE IN COLLECTIVE
BARGAINING IN GOOD FAITH AND SHALL MAKE EVERY REASONABLE EFFORT TO
CONCLUDE NEGOTIATIONS BEFORE THE COMMISSION'S BUDGET SUBMISSION DATE.

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