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<section article="gsg" article_name="State Government" number="22-402" title_number="22" title_name="Public Employee Relations" subtitle_number="4" subtitle_name="Elections and Certification of Exclusive Representatives">
  <level label="a">
    <text>A petition for the election of an exclusive representative of a bargaining unit may be filed with the Board by:</text>
    <level label="1">
      <text>an employee organization seeking certification as an exclusive representative; or</text>
    </level>
    <level label="2">
      <text>an employee, a group of employees, or an employee organization seeking a new election to determine an exclusive representative.</text>
    </level>
  </level>
  <level label="b">
    <text>A petition shall:</text>
    <level label="1">
      <text>contain the information the Board requires; and</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <text>If the Board determines that a required showing of interest is not adequate, the Board:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>may, for good cause, provide additional time to the petitioner to provide additional forms.</text>
    </level>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>A petition filed under subsection (a) of this section shall include showing of interest forms provided to the Board from an employee organization.</text>
    </level>
    <level label="2">
      <text>The Board shall accept a showing of interest form whether or not the signatures on the form are electronic or handwritten.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>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.</text>
      </level>
    </level>
    <level label="4">
      <text>A showing of interest form may be used by a public employee for each public employer that employs the public employee.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The list required to be provided under paragraph (1) of this subsection shall:</text>
      <level label="i">
        <text>include for each public employee on the payroll for the last pay period before a petition for election is filed, the public employee’s:</text>
        <level label="1">
          <text>name;</text>
        </level>
        <level label="2">
          <text>position classification;</text>
        </level>
        <level label="3">
          <text>home and work site addresses where the employee receives interoffice or United States mail;</text>
        </level>
        <level label="4">
          <text>home and work site telephone numbers;</text>
        </level>
        <level label="5">
          <text>personal cell phone number; and</text>
        </level>
        <level label="6">
          <text>work e–mail address; and</text>
        </level>
      </level>
      <level label="ii">
        <text>identify each public employee that should be excluded as an eligible voter with a statement explaining the reason for the exclusion.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
  </level>
</section>
