Except as otherwise provided in this subtitle, the Board shall conduct an election for an exclusive representative of a bargaining unit if: a valid petition is filed in accordance with § 22–402 of this subtitle; and the bargaining unit involved in the petition is determined to be an appropriate bargaining unit under § 22–403 of this subtitle. The Board may not conduct an election for an exclusive representative of a bargaining unit if the Board has conducted an election or certified an exclusive representative for that bargaining unit within the immediately preceding 12 months. An exclusive representative or a bargaining unit in existence on June 30, 2023: shall continue without the requirement of an election and certification until a question concerning representation is raised under this title; or until the Board finds the unit not to be appropriate after challenge by the public employer, a member of the unit, or an employee organization. The appropriateness of the unit may not be challenged until the expiration of any collective bargaining agreement in effect on June 30, 2023. The Board may not modify any bargaining unit determined under existing law.

A petition for the election of an exclusive representative of a bargaining unit may be filed with the Board by: an employee organization seeking certification as an exclusive representative; or an employee, a group of employees, or an employee organization seeking a new election to determine an exclusive representative. A petition shall: contain the information the Board requires; and be accompanied by showing of interest forms from 30% of the employees in the appropriate unit indicating their desire to be exclusively represented by the exclusive representative named in the petition for the purpose of collective bargaining. If the Board determines that a required showing of interest is not adequate, the Board: shall allow at a minimum an additional 30 days for the petitioner to submit additional showing of interest forms after the petitioner is notified of the determination; and may, for good cause, provide additional time to the petitioner to provide additional forms. If a petition is supported by more than 50% of the public employees in the bargaining unit, the public employer shall immediately recognize the employee organization as the exclusive representative and afford to the exclusive representative and its members all rights due under this title. A petition filed under subsection (a) of this section shall include showing of interest forms provided to the Board from an employee organization. The Board shall accept a showing of interest form whether or not the signatures on the form are electronic or handwritten. For an election that is conducted to determine whether an exclusive representative should represent a unit, a showing of interest form is valid if the signatures were collected within the 18–month period immediately preceding the date on which a petition for the election is filed. For an election that is conducted to determine whether an exclusive representative should no longer represent a unit, a showing of interest form is valid if the signatures were collected within the 9–month period immediately preceding the date on which the petition for election is filed. A showing of interest form may be used by a public employee for each public employer that employs the public employee. Subject to paragraph (2) of this subsection, a public employer shall provide to the Board and the employee organization an alphabetical list of public employees in each bargaining unit within 2 days after a petition for an election is filed. The list required to be provided under paragraph (1) of this subsection shall: include for each public employee on the payroll for the last pay period before a petition for election is filed, the public employee’s: name; position classification; home and work site addresses where the employee receives interoffice or United States mail; home and work site telephone numbers; personal cell phone number; and work e–mail address; and identify each public employee that should be excluded as an eligible voter with a statement explaining the reason for the exclusion. A public employer may not challenge the eligibility of a public employee’s vote in an election if the employer fails to explain as required under paragraph (2) of this subsection the reason for excluding a public employee under this subsection. On application by a public employer or an employee organization, the Board may determine that a public employer shall be designated as a joint public employer of a public employee within a bargaining unit under this subtitle when the designation would best effectuate the purposes of this title.

Except as otherwise provided in this title, Title 6, Subtitle 4 or 5 of the Education Article, Title 16, Subtitle 7 of the Education Article, or Title 3 of the State Personnel and Pensions Article, the Board shall determine the appropriateness of each bargaining unit. If there is no dispute about the appropriateness of the establishment of the bargaining unit, the Board shall issue an order defining an appropriate bargaining unit. If there is a dispute about the appropriateness of the establishment of the bargaining unit, the Board shall: conduct a hearing; and issue an order defining an appropriate bargaining unit. If the appropriate bargaining unit as determined by the Board differs from the bargaining unit described in the petition, the Board may: dismiss the petition; or direct an election in the appropriate bargaining unit if at least 30% of the signatures included in the petition are of employees in the appropriate bargaining unit. A bargaining unit may consist only of public employees.

Each employee organization that seeks certification as an exclusive representative shall file with the Board: a copy of the employee organization’s governing documents that: give individual members the right to participate in activities of the organization; require periodic elections by secret ballot that are conducted with recognized safeguards to ensure the equal rights of all members to nominate, seek office, and vote in the elections; and direct full and accurate accounting of all income and expenses using standard accounting methods; and a certification that the employee organization accepts members without regard to any characteristic listed in § 22–201(d) of this title.

Within 5 days after determining that a valid petition has been submitted under § 22–402 of this subtitle, the Board shall notify interested employee organizations of the pending election petition. Within 10 days after determining that a valid petition has been submitted under § 22–402 of this subtitle, the public employer, as appropriate, shall make available to all interested employee organizations reasonable and equivalent means to communicate by mail and in person with each employee in the appropriate bargaining unit for the purpose of soliciting the employee’s vote in an election held under this section. An election shall be held in a bargaining unit within 90 days after the filing of a valid petition for election in the bargaining unit in accordance with guidelines established by the Board. The Board shall conduct the election: by secret ballot; and subject to subparagraph (ii) of this paragraph, in whole or in part by in–person voting, mail, or an electronic voting system. The Board may designate the time period for in–person voting only after consulting with the public employer and employee organizations on the ballot. The Board shall allow at least 10 days of voting for an election conducted by mail or an electronic voting system under subparagraph (i) of this paragraph, unless an employee organization on the ballot requests an extension. If the voting system is inoperable, the Board may extend the time period for voting. An employee organization on a ballot may request a preferred method of voting at the time a petition for election is filed with the Board. Except as provided in subparagraph (iii) of this paragraph, the Board shall designate the method of voting based on the requests of the employee organizations on the ballot. If there is a dispute between two or more employee organizations on the ballot over the method of voting, the Board may designate the method of voting. The Board shall place the following choices on the ballot: the name of the exclusive representative, if any; the name of the employee organization designated in the petition filed under § 22–402 of this subtitle with respect to an appropriate bargaining unit; the name of each employee organization designated in a petition filed with the Board, within 15 days of notice of the pending election petition, that includes the signatures of at least 10% of the employees in the appropriate bargaining unit; and a provision for “no exclusive representative”. If none of the choices on a ballot receives a majority of the votes cast in an election, the Board shall conduct a runoff election between the choices that received the two highest number of votes in the election.

Except as provided in subsection (b) of this section, the Board shall certify as exclusive representative the employee organization receiving the votes in an election from a majority of the employees voting in the election. After notice and an opportunity for a hearing, the Board may deny or revoke certification as exclusive representative of an employee organization for willful failure to comply with this title. Notwithstanding any other provision of this subtitle, the Board shall certify the employee organization as the exclusive representative without an election if: a petition for an exclusive representative has been filed for a bargaining unit; the Board finds that a majority of the employees in the bargaining unit have signed valid authorizations designating the employee organization as their exclusive representative; and no other employee organization is currently certified or recognized as the exclusive representative of the bargaining unit.

Names or lists of employees provided to the Board in connection with an election under this subtitle are not subject to disclosure in accordance with Title 4 of the General Provisions Article.