ROBERT L. EHRLICH, JR., Governor                             Ch. 424

FILE AN ACTION TO ENFORCE THE ORDER WITH THE CIRCUIT COURT FOR THE
COUNTY IN WHICH ANY OF THE INVOLVED EMPLOYEES WORK.

11.5-114.

(A)     THIS SUBSECTION APPLIES TO THE EXPRESSION OF ANY PERSONAL VIEW,
ARGUMENT, OR OPINION OR THE MAKING OF ANY PERSONAL STATEMENT WHICH:

(1)      (I) PUBLICIZES THE FACT OF A REPRESENTATIONAL ELECTION
AND ENCOURAGES EMPLOYEES TO EXERCISE THEIR RIGHT TO VOTE IN THE
ELECTION; .

(II)     CORRECTS THE RECORD WITH RESPECT TO ANY FALSE OR
MISLEADING STATEMENT MADE BY ANY PERSON; OR

(III)   INFORMS EMPLOYEES OF THE COMMISSION'S POLICY
RELATING TO LABOR-MANAGEMENT RELATIONS AND REPRESENTATION;

(2)      CONTAINS NO THREAT OF REPRISAL, FORCE, OR PROMISE OF
BENEFIT; AND

(3)      IS NOT MADE UNDER COERCIVE CONDITIONS.

(B)     THE EXPRESSION OF ANY PERSONAL VIEW, ARGUMENT, OPINION, OR
STATEMENT DESCRIBED IN SUBSECTION (A) OF THIS SECTION DOES NOT
CONSTITUTE:

(1)      AN UNFAIR LABOR PRACTICE UNDER THE PROVISIONS OF THIS
TITLE; OR

(2)      GROUNDS FOR SETTING ASIDE ANY ELECTION CONDUCTED UNDER
THIS TITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any collective bargaining agreement for the service,
labor, and trade unit as constituted on January 2, 2003 entered into by the
Washington Suburban Sanitary Commission and the American Federation of State,
County and Municipal Employees (AFSCME), AFL-CIO Council 67 and Local 2898
before the effective date of this Act. Furthermore, except as provided in § 11.5-106 of
this Act, nothing in this Act shall be construed to require AFSCME to withstand a
certification election to continue representing the employees in the bargaining unit it
currently represents.

SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2003, and shall apply to all bargaining cycles that begin after the
effective date of this Act.

Approved May 22, 2003.

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