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Martin O'Malley, Governor
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H.B. 252
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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
CORRECTIONAL OFFICERS 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.
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- 4631 -
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