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.

To the extent practicable, procedural regulations that the Commissioner adopts to carry out Parts I through III of this subtitle shall conform to the procedural regulations of the National Labor Relations Board for the conduct of consent elections, intervention, and decertification.

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. Whenever a petition is submitted in accordance with subsections (a) and (b) of this section, the Mediation Service shall set a period during which a labor organization may submit an objection to the petition. The Mediation Service shall set a period that: is sufficient to inform interested persons about the nature and purpose of the petition; and does not expire until at least 1 week after the date on which the Mediation Service causes notice of the petition to be posted. The Mediation Service shall cause notice of a petition to be posted, at each place of employment that the petition affects, for the period set under subsection (c) of this section. The notice shall state that a labor organization may object to the petition within the period set under subsection (c) of this section.

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 Mediation Service shall investigate each timely objection to a petition from a labor organization that purports to represent a substantial number of employees whom the petition affects. If, after the investigation, the Mediation Service determines that the labor organization seems to represent a substantial number of employees whom the petition affects, the Mediation Service shall place the name of the labor organization on the official ballot to be used in the consent election.

Each consent election agreement shall describe: 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. If at least two labor organizations are to be on the ballot for a consent election, a labor organization promptly may ask the Mediation Service to allow its name to be removed from the ballot. A decision of the Mediation Service under this subsection is final. 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. For good cause, a party to a consent election or the Mediation Service may challenge the eligibility of an individual to vote in the consent election. The Mediation Service shall impound each challenged ballot.

On conclusion of a consent election, the Mediation Service shall provide each party to the consent election with a tally of ballots.

The Mediation Service: 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.

Within 5 days after the Mediation Service provides the tally of ballots for a consent election, a party to the consent election may object to: the conduct of the consent election; or other conduct affecting the result of the consent election. A party shall object in a timely manner, even if the number of challenged ballots is not sufficient to affect the result of the consent election. An objection under this section shall: be in writing; and state concisely each reason for the objection. Each party who makes an objection shall: submit to the Mediation Service: 4 copies of the objection; and proof of service under item (2) of this subsection; and serve immediately a copy of the objection on each other party. The Mediation Service shall investigate each objection submitted in accordance with this section.

After investigation of a consent election under § 4-212 or § 4-213 of this subtitle, the Mediation Service shall: 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: submit to the Mediation Service: 4 copies of the exception; and proof of service under item (2) of this subsection; and serve immediately a copy of the exception on each other party.

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. If the Mediation Service determines that an exception raises a substantial and material issue, the Mediation Service may hold a hearing on the exception. The Mediation Service shall serve notice of the hearing on each party.

Unless a run-off election is to be held or an investigation is to be made under § 4-212 or § 4-213 of this subtitle, immediately after the period for filing an objection has passed, the Mediation Service shall certify to each party to a consent election the result of the consent election. If a labor organization wins a consent election, the certification of the result of the consent election shall include a certification of the organization as bargaining representative. The rulings and determinations of the Mediation Service under this subsection are final. 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: decide the matter on the record; or dispose otherwise of the case.

An employee, an employer, or a labor organization may submit to the Mediation Service a petition for decertification of an organization that: the Mediation Service has certified as a bargaining representative after a consent election; or an employer currently recognizes as the bargaining representative without a consent election. A petition for decertification of an organization as bargaining representative for a bargaining unit: shall be supported by at least 30% of the employees in the bargaining unit; and may not be submitted within 1 year after certification of the bargaining representative as a result of a consent election. The Mediation Service shall investigate each petition submitted in accordance with this section to determine whether there is reasonable doubt that the bargaining representative in fact represents a majority of the employees in the bargaining unit. If, after the investigation, the Mediation Service determines that there is reasonable doubt, the Mediation Service shall order an election to resolve the issue.