County Labor Code: 13A-107

 

Sec. 13A-107 Elections.

 

  1. Representation elections shall be conducted by the Maryland State Department of Labor and Industry or any other impartial agency selected by the mutual agreement of the parties. The entity conducting the election shall be subject to the provisions of this law, such rules and regulations as may be established by the Panel, and the terms and conditions of such election agreement as may be reached by the parties. Except as otherwise provided, such entity shall resolve all legal issues or controversies relating to the conduct of the election.
  2. Representation elections conducted pursuant to this Section shall be by secret ballot and shall be subject to the following:
    1. All interested persons shall be given not less than 10 days notice of the time and place of the election.
    2. The ballots in all representation elections shall include a choice of "no representative."
    3. A representative may not be certified unless it receives a majority of the valid ballots cast.
    4. In an election where none of the choices on the ballot receive a majority, a runoff election shall be conducted, in which the ballot shall provide for a selection between the two choices or parties receiving the highest and second highest number of ballots cast in said election.
  3. The Panel shall certify the results of said election within five working days after the final tally of votes if no objection to the election is filed by any person that there has been conduct which has affected the outcome of the election within the meaning of such rules and regulations as the Panel shall issue. If the Panel has reason to believe that such allegations are valid, it shall set a time for hearing on the matter after due notice, such hearing to be conducted within two weeks of the date of receipt of such charge. If the Panel determines that the outcome of the election was affected, even if by third party interference, it shall require corrective action and order a new election. If the Panel determines that the conduct alleged did not affect the outcome of the election, it shall immediately certify the election results.
  4. No election shall be conducted pursuant to this Section in any appropriate bargaining unit within which in the preceding 12-month period an election shall have been held nor during the term of any lawful collective bargaining agreement between the employer and a labor organization, except that this restriction shall not apply to that period of time covered by any collective bargaining agreement which exceeds three years. For the purposes of this Section, extensions of agreement shall not affect the expiration date of the original agreement. Where a valid collective bargaining agreement is in existence, a petition for election may be filed only during the period beginning November 1 and ending on November 30 of the fiscal year in which said agreement will terminate.

(CB-1-1973)

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