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<section number="13A-105" name="Selection of exclusive representatives" law="code" slug="sec-13a-105" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_13ALACO_DIV1COBAGE_S13A-105SEEXRE">
  <level label="a">
    <text>The employer may not recognize, without an election, a labor organization as the exclusive representative for purposes of collective bargaining.</text>
  </level>
  <level label="b">
    <text>Where, in accordance with the provisions set forth in paragraph (c) of this section, a petition has been filed:</text>
    <level label="1">
      <text>By a labor organization, or in the case of decertification by an employee or group of employees, supported by evidence that at least 30% of employees in an appropriate unit:</text>
      <level label="A">
        <text>Wish to be represented for collective bargaining by an exclusive representative; or</text>
      </level>
      <level label="B">
        <text>Assert that the certified labor organization is no longer the representative of the majority of the employees in the unit; or</text>
      </level>
    </level>
    <level label="2">
      <text>Any labor organization shall be allowed to intervene upon the filing of a petition, which meets all of the requirements of Division 1 of this Subtitle, with the employer supported by evidence of at least 10% representation in said unit. If such intervener contends that the unit is inappropriate, it must present a 30% showing of interest with respect to the unit it alleges is appropriate.</text>
    </level>
  </level>
  <level label="c">
    <text>Petition for certification. A labor organization that seeks certification for purposes of collective negotiations as an exclusive representative shall file a petition for certification with the Director containing the following information and documentation:</text>
    <level label="1">
      <text>a statement that the employee organization has as a primary purpose the representation of employees in their employment relations with the County;</text>
    </level>
    <level label="2">
      <text>a statement that the employee organization has no terms or conditions of membership which discriminate with regard to race, color, creed, sex, sexual orientation, age, political affiliation, disability, ancestry, or national origin;</text>
    </level>
    <level label="3">
      <text>a request that the County recognize the employee organization as the exclusive representative of the employees that the organization proposes for an appropriate representation unit;</text>
    </level>
    <level label="4">
      <text>a list containing each job class title to be included in the proposed appropriate representation unit; and</text>
    </level>
    <level label="5">
      <text>a statement that the labor organization has in its possession written proof dated within six months of the date on which the petition is filed that establishes that at least 30% of the employees in the proposed appropriate representation unit have designated the employee organization to represent them in their employment relations with the County. An electronic alphabetical list of authorizations shall be submitted. The written proof shall meet the following criteria:</text>
      <level label="A">
        <text>The written proof must be signed and dated in the employee's own handwriting certifying that the employee has designated the labor organization to represent them in their employment relations with the County.</text>
      </level>
      <level label="B">
        <text>Written proof that meets the criteria set forth above must be submitted to the Director within five days of filing the petition.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>Filing of petition for certification; notice.</text>
    <level label="1">
      <text>The petition shall be filed with and must be received by the Director only during the month of October.</text>
    </level>
    <level label="2">
      <text>On receipt of the petition, the Director shall give adequate and timely notice of the filing to the employees in the proposed appropriate representation.</text>
    </level>
    <level label="3">
      <text>Within ten days after the posting of the notice of the petition, any labor organization desiring to intervene must submit a petition meeting all applicable requirements of subparagraph (b)(2) and subparagraph (c) of this section.</text>
    </level>
    <level label="4">
      <text>Within 30 days of the filing date of the petition, the Director shall determine either that the proposed unit is an appropriate representation unit, that an alternative unit is the appropriate representation unit, or state that the petitioning appropriate unit is not eligible for certification pursuant to the provisions of Division 1 of this subtitle.</text>
    </level>
  </level>
  <level label="e">
    <text>Filing of petition for decertification; election.</text>
    <level label="1">
      <text>A petition may be filed with and shall be received by the Director only during the month of October following the first full year of exclusive representation. A decertification petition for the same appropriate representation unit may not be received more frequently than every other year.</text>
    </level>
    <level label="2">
      <text>On receipt of a petition that meets all of the requirements of Division 1 of this Subtitle, the Director shall, no later than ten days after receipt of the completed petition, give notice of the filing of the petition to the employees in the effected representation unit.</text>
    </level>
    <level label="3">
      <text>A decertification petition alleging that an exclusive representative is no longer the majority representative of employees in an appropriate representation unit may be filed with the Director by an employee, a group of employees or their representative, or a labor organization. The petition shall be accompanied by written proof, dated within six months of the date on which the petition is filed of employee approval of the decertification equal to at least 30% of the employees in the representation unit. Said written proof must, upon submission, meet the requirements of subparagraph (c)(5) of this section.</text>
    </level>
    <level label="4">
      <text>Except as otherwise provided, the Director shall arrange for a secret ballot election to be conducted in accordance with Section 13A-107 of this subtitle. In the election, the employees in the unit shall be offered a choice between exclusive representation by the exclusive representative and no exclusive representation. If an intervener employee organization complies with all the provisions of this Section, the ballot shall offer a choice among the exclusive representative, an intervener employee organization, and no exclusive representation.</text>
    </level>
    <level label="5">
      <text>Determination of election results. The determination of election results shall be made in accordance with Section 13A-107 of this Subtitle.</text>
    </level>
    <level label="6">
      <text>Effect on collective bargaining agreements. Whenever a valid collective bargaining agreement is in effect on the effective date of decertification of an exclusive representative that is a party to the agreement, the County, covered employees and any new exclusive representative, are bound by that collective bargaining agreement during the remainder of the term of the agreement.</text>
    </level>
  </level>
</section>
