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Statutes Text

Article - State Government




§22–405.

    (a)    (1)    Within 5 days after determining that a valid petition has been submitted under § 22–402 of this subtitle, the Board shall notify interested employee organizations of the pending election petition.

        (2)    Within 10 days after determining that a valid petition has been submitted under § 22–402 of this subtitle, the public employer, as appropriate, shall make available to all interested employee organizations reasonable and equivalent means to communicate by mail and in person with each employee in the appropriate bargaining unit for the purpose of soliciting the employee’s vote in an election held under this section.

    (b)    An election shall be held in a bargaining unit within 90 days after the filing of a valid petition for election in the bargaining unit in accordance with guidelines established by the Board.

    (c)    (1)    (i)    The Board shall conduct the election:

                1.    by secret ballot; and

                2.    subject to subparagraph (ii) of this paragraph, in whole or in part by in–person voting, mail, or an electronic voting system.

            (ii)    The Board may designate the time period for in–person voting under subparagraph (iii) of this paragraph only after consulting with the public employer and employee organizations on the ballot.

            (iii)    1.    The Board shall allow at least 10 days of voting for an election conducted under subparagraph (i) of this paragraph, unless an employee organization on the ballot requests an extension.

                2.    If the voting system is inoperable, the Board may extend the time period for voting.

        (2)    (i)    An employee organization on a ballot may request a preferred method of voting at the time a petition for election is filed with the Board.

            (ii)    Except as provided in subparagraph (iii) of this paragraph, the Board shall designate the method of voting based on the requests of the employee organizations on the ballot.

            (iii)    If there is a dispute between two or more employee organizations on the ballot over the method of voting, the Board may designate the method of voting.

        (3)    The Board shall place the following choices on the ballot:

            (i)    the name of the exclusive representative, if any;

            (ii)    the name of the employee organization designated in the petition filed under § 22–402 of this subtitle with respect to an appropriate bargaining unit;

            (iii)    the name of each employee organization designated in a petition filed with the Board, within 15 days of notice of the pending election petition, that includes the signatures of at least 10% of the employees in the appropriate bargaining unit; and

            (iv)    a provision for “no exclusive representative”.

    (d)    If none of the choices on a ballot receives a majority of the votes cast in an election, the Board shall conduct a runoff election between the choices that received the two highest number of votes in the election.



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