Title 4. Bargaining Representatives; Labor Disputes — Subtitle 2. Choice of Bargaining Representative

In this subtitle the following words have the meanings indicated.

“Commissioner” means the Commissioner of Labor and Industry.

“Consent election” means an election that is conducted under a consent election agreement and in accordance with Part II of this subtitle to determine a bargaining representative.

“Mediation Service” means the State Mediation and Conciliation Service.

Under the supervision of the Commissioner, the Mediation Service shall carry out this subtitle.

The Commissioner may assign staff to help the Chief Mediator to carry out this subtitle.

In this Part II of this subtitle the following words have the meanings indicated.

“Challenged ballot” means the ballot of an individual whose eligibility to vote in a consent election is challenged.

“Petition” means a petition for permission to enter into an agreement under which the Mediation Service will conduct a consent election.

A labor organization or individual that purports to represent a substantial number of employees whom a petition affects and an employer may submit to the Mediation Service a petition for permission to enter into a consent election agreement leading to a determination by the Mediation Service of the facts ascertained after the consent election.

A petition shall be in the form that the Mediation Service requires.

Unless the Mediation Service receives a timely objection to a petition, the Mediation Service shall approve the petition to enter into a consent election agreement.

the appropriate bargaining unit for the consent election;

the payroll period to be used to determine the employees within the appropriate bargaining unit who are eligible to vote; and

the date, time, and place of the consent election.

The Mediation Service shall conduct each consent election by secret ballot.

Subject to any limitation that the Mediation Service sets, each party to a consent election may designate one or more observers to represent the party during the consent election.

shall determine whether the number of challenged ballots is sufficient to affect the result of the consent election; and

if the number is sufficient, shall investigate the eligibility of each individual whose ballot was challenged.

An objection under this section shall:

Each party who makes an objection shall:

The Mediation Service shall investigate each objection submitted in accordance with this section.

prepare a report, including any recommendation, on the investigation; and

serve the report on each party to the consent election.

Within 10 days after the Mediation Service issues a report on a challenged ballot or objection under § 4-214 of this subtitle, a party to the consent election may make an exception to the report.

Each party who makes an exception shall:

Whenever the Mediation Service receives a timely exception to a report on a challenged ballot or an objection, the Mediation Service shall determine whether the exception raises a substantial and material issue with respect to the conduct or result of the consent election.

Unless the Mediation Service certifies the result in accordance with subsection (a) of this section or receives a timely exception under § 4-215 of this subtitle that, the Mediation Service determines, raises a substantial and material issue with respect to the conduct or result of a consent election, the Mediation Service immediately shall:

An employee, an employer, or a labor organization may submit to the Mediation Service a petition for decertification of an organization that:

A petition for decertification of an organization as bargaining representative for a bargaining unit: