(a) 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.
(b) 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
time and place of the election.
(2) The ballots in all representation elections shall include a choice of "no
(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.
(c) 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.
(d) 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
which exceeds three years. For the purposes of this Section, extensions of
agreement shall not affect the expiration date of the original agreement. Where
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.