(a) The certification or decertification of an employee organization as the representative of a unit for collective bargaining must comply with the following procedures:
(1) Any employee organization seeking certification as representative of a unit shall file a petition with the labor relations administrator stating its name, address, and its desire to be certified. The employee organization shall also send a copy of the petition, including a copy of the signatures of the supporting employees on the petition, to the employer. The petition shall contain the uncoerced signatures of thirty (30) percent of the employees within the unit signifying their desire to be represented by the employee organization for purposes of collective bargaining.
(2) If an employee organization has been certified, an employee within the unit may file a petition with the labor relations administrator for decertification of this certified representative. The employee shall also send a copy of the petition to the employer and the certified representative, not including the names of the supporting employees. The petition shall contain the uncoerced signatures of thirty (30) percent of the employees within the unit alleging that the employee organization presently certified is no longer the choice of the majority of the employees in the unit.
(3) Petitions may be filed within ninety (90) days after any new bargaining unit is established. Thereafter, if a lawful collective bargaining agreement is not in effect, petitions may be filed between September 1 and September 30 of any year, but not sooner than twenty-two (22) months after an election held under this section.
(4) If a lawful collective bargaining agreement is in effect, a petition filed under this section shall not be entertained unless it is filed during September of the final year of the agreement.
(5) If a different employee organization is certified as the result of an election carried out under subsection (b)(8), that organization must be treated in all respects as a successor in interest and party to any collective bargaining agreement that the previous employee organization was a party to.
(b) If the labor relations administrator determines that a petition is properly supported and timely filed, she shall cause an election of all eligible employees to be held within a reasonable time, but no later than October 20 of any year, to determine if and by whom the employees wish to be represented, as follows:
(1) All elections shall be conducted under the supervision of the labor relations administrator and shall be conducted by secret ballot at the time and place that she directs. The labor relations administrator may select and retain the services of an agency of the State of Maryland responsible for conducting labor elections, or a similarly neutral body, to assist in conducting the election.
(2) The election ballots shall contain, as choices to be made by the voter, the names of the petitioning or certified employee organization, the name or names of any other employee organization showing written proof at least ten (10) days before the election of at least ten (10) percent representation of the employees within the unit in the same manner as described in paragraph (a)(1) of this section, and a choice that the employee does not desire to be represented by any of the named employee organizations.
(3) The employer and each party to the election may be represented by observers selected in accordance with limitations and conditions that the labor relations administrator may prescribe.
(4) Observers may challenge for good cause the eligibility of any person to vote in the election. Challenged ballots shall be impounded pending either agreement of the parties as to the validity of the challenge or the labor relations administrator’s decision as to the validity of the challenge, unless the number of challenges is not determinative, in which case the challenged ballots shall be destroyed.
(5) After the polls have been closed, the valid ballots cast shall be counted by the labor relations administrator in the presence of the observers.
(6) The labor relations administrator shall immediately prepare and serve upon the employer and each of the parties a report certifying the results of the election. If an employee organization receives the votes of a majority of the employees who voted, the labor relations administrator shall certify the employee organization so elected as the exclusive agent.
(7) If no employee organization receives the votes of a majority of the employees who voted, the labor relations administrator shall not certify a representative. Unless a majority of the employees who vote choose "no representative," a runoff election shall be conducted. The runoff election shall contain the two (2) choices that received the largest and second largest number of votes in the original election.
(8) If a properly supported and timely filed petition to decertify an existing certified employee organization, and a properly supported and timely filed petition to certify another employee organization, are filed during the same time period under subsection (a)(3) or (a)(4), one election must be held to determine which organization, if any, the employees in the unit desire to represent them. The election ballot must contain, as choices to be made by the voter, the names of the petitioning and certified employee organizations, and a choice that the employee does not desire to be represented by any of the named employee organizations. All other applicable requirements and procedures for the election must be followed.
(c) The labor relations administrator’s certification of results is final unless, within seven (7) days after service of the report and the certification, any party serves on all other parties and files with the labor relations administrator objections to the election. Objections shall be verified and shall contain a concise statement of facts constituting the grounds for the objections. The labor relations administrator shall investigate the objections and, if substantial factual issues exist, shall hold a hearing. Otherwise, she may determine the matter without a hearing. The labor relations administrator may invite, either by rule or by invitation, written or oral argument to assist her in determining the merits of the objections. If the labor relations administrator finds that the election was conducted in substantial conformity with this article, she shall confirm the certification initially issued. If the labor relations administrator finds that the election was not held in substantial conformity with this article, then she shall hold another election under this section.
(d) The cost of conducting an election shall be paid by the county. (1986 L.M.C., ch. 70, § 3; 1988 L.M.C., ch. 19, § 2; 2000 L.M.C., ch. 2, § 1; , § 1.)
