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S.B. 758 VETOES
(A) A PETITION FOR ELECTION OF AN EXCLUSIVE REPRESENTATIVE MAY BE
SUBMITTED BY:
(1) AN EMPLOYEE ORGANIZATION THAT DEMONSTRATES THAT 30% OF
THE EMPLOYEES OF AN EMPLOYER WISH TO BE REPRESENTED BY AN EXCLUSIVE
REPRESENTATIVE; OR
(2) AN EMPLOYEE, GROUP OF EMPLOYEES, OR EMPLOYEE
ORGANIZATION THAT DEMONSTRATES THAT 35% OF THE EMPLOYEES CERTIFY
THAT THE DESIGNATED EXCLUSIVE REPRESENTATIVE IS NO LONGER THE
REPRESENTATIVE OF CHOICE OF A MAJORITY OF THE EMPLOYEES.
(B) ON PRESENTATION OF A PETITION FOR ELECTION, THE EMPLOYER SHALL
CONDUCT AN ELECTION WITHIN 90 DAYS, PROVIDED THAT AN ELECTION HAS NOT
BEEN HELD WITHIN THE PREVIOUS 2 YEARS.
(C) THE EMPLOYER SHALL ADOPT PROCEDURES FOR ELECTION OF
EXCLUSIVE REPRESENTATIVES, PROVIDED THAT:
(1) THE BALLOT SHALL INCLUDE A PROVISION FOR "NO
REPRESENTATIVE";
(2) IF THE BALLOT HAS TWO OR MORE EMPLOYEE ORGANIZATIONS
LISTED, THE ORGANIZATION RECEIVING A SIMPLE MAJORITY SHALL BE DECLARED
THE EXCLUSIVE REPRESENTATIVE; AND
(3) IF THE BALLOT HAS THREE OR MORE EMPLOYEE ORGANIZATIONS
LISTED AND NO EMPLOYEE ORGANIZATION RECEIVES A SIMPLE MAJORITY OF THE
VOTE, THERE SHALL BE A RUN OFF ELECTION BETWEEN THE TWO EMPLOYEE
ORGANIZATIONS THAT RECEIVE THE LARGEST VOTE TOTALS.
(D) AN EMPLOYER OR EXCLUSIVE REPRESENTATIVE MAY NOT INTERFERE
WITH, INTIMIDATE, RESTRAIN, COERCE, OR DISCRIMINATE AGAINST AN EMPLOYEE
WHO EXERCISES A RIGHT UNDER THIS SECTION.
4-507.
(A) (1) AN EMPLOYER AND THE EXCLUSIVE REPRESENTATIVE SHALL
MAKE EVERY REASONABLE EFFORT TO SETTLE DISPUTES BY ENGAGING IN
NEGOTIATIONS IN GOOD FAITH AND ENTERING INTO WRITTEN AGREEMENTS
COVERING EACH MATTER ON WHICH THERE IS AN AGREEMENT.
(2) THE DUTY UNDER PARAGRAPH (1) OF THIS SUBSECTION DOES NOT
REQUIRE EITHER PARTY TO AGREE TO ANY PROPOSAL OF THE OTHER PARTY.
(B) NEGOTIATIONS SHALL BEGIN AT LEAST 6 MONTHS BEFORE THE DATE
THAT THE EMPLOYER PRESENTS A PROPOSED BUDGET TO THE APPROPRIATE
LEGISLATIVE BODY.
4-508.
(A) AN EMPLOYER AND THE EXCLUSIVE REPRESENTATIVE MAY USE A
MEDIATOR IN COLLECTIVE BARGAINING IF:
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