WILLIAM DONALD SCHAEFER, Governor

Ch. 561

(D)     (1) THE COMMISSION SHALL RECOGNIZE THE RIGHT OF AN EMPLOYEE
ORGANIZATION, CERTIFIED UNDER THIS SECTION AS THE EXCLUSIVE
REPRESENTATIVE OF A BARGAINING UNIT, TO REPRESENT THE EMPLOYEES OF THE
BARGAINING UNIT IN COLLECTIVE BARGAINING AND IN THE SETTLEMENT OF
GRIEVANCES.

(2)      AN EMPLOYEE ORGANIZATION CERTIFIED AS EXCLUSIVE
REPRESENTATIVE OF A BARGAINING UNIT SHALL:

(I)       SERVE AS THE SOLE BARGAINING AGENT FOR THE UNIT IN
COLLECTIVE BARGAINING; AND

(II)     REPRESENT ALL EMPLOYEES IN THE BARGAINING UNIT
FAIRLY, WITHOUT DISCRIMINATION, AND WITHOUT REGARD TO WHETHER AN
EMPLOYEE IS A MEMBER OF THE EMPLOYEE ORGANIZATION.

(3)      AN EMPLOYEE ORGANIZATION MEETS THE REQUIREMENTS OF
PARAGRAPH (2)(II) OF THIS SUBSECTION AS LONG AS ITS ACTIONS WITH RESPECT TO
EMPLOYEES WHO ARE MEMBERS OF THE EMPLOYEE ORGANIZATION AND
EMPLOYEES WHO ARE NOT MEMBERS OF THE EMPLOYEE ORGANIZATION ARE NOT
ARBITRARY, DISCRIMINATORY, OR IN BAD FAITH.

(E)     (1) AFTER A PUBLIC HEARING ON THE APPOINTMENT, INITIALLY, THE
COMMISSION SHALL APPOINT AN EXPERIENCED NEUTRAL THIRD PARTY TO SERVE
AS LABOR RELATIONS ADMINISTRATOR FOR 1 YEAR.

(2)      AFTER THE TERM FOR THE NEUTRAL THIRD PARTY APPOINTED
UNDER PARAGRAPH (1) OF THIS SUBSECTION EXPIRES, THE EXCLUSIVE
REPRESENTATIVE OR REPRESENTATIVES AND THE COMMISSION SHALL APPOINT,
FROM A LIST OF FIVE NOMINEES WHOM THEY HAVE AGREED UPON, A LABOR
RELATIONS ADMINISTRATOR FOR A TERM OF 2 YEARS.

(3)      AFTER THE TERM FOR THE NEUTRAL THIRD PARTY APPOINTED
UNDER PARAGRAPH (1) OF THIS SUBSECTION EXPIRES AND AFTER A PUBLIC
HEARING ON THE APPOINTMENT, IF NO EXCLUSIVE REPRESENTATIVE HAS BEEN
CERTIFIED UNDER THIS SECTION, THE COMMISSION SHALL APPOINT THE NEXT
LABOR RELATIONS ADMINISTRATOR FOR A TERM NOT EXCEEDING 1 YEAR.

(4)      A LABOR RELATIONS ADMINISTRATOR IS ELIGIBLE FOR
REAPPOINTMENT.

(F)     (1) AN EMPLOYEE ORGANIZATION THAT IS CERTIFIED OR THAT SEEKS
CERTIFICATION AS AN EXCLUSIVE REPRESENTATIVE UNDER THIS SECTION SHALL
SUBMIT TO THE LABOR RELATIONS ADMINISTRATOR:

(I)      A COPY OF THE EMPLOYEE ORGANIZATION'S CONSTITUTION
AND BYLAWS; AND

(II)     ANY CHANGES IN THE CONSTITUTION OR BYLAWS.
(2) THE CONSTITUTION OR BYLAWS SHALL INCLUDE:

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