§ 16-205. Election of exclusive representative.

   (a) In general. -- The labor relations administrator shall conduct an election for an exclusive representative after:

   (1) an employee organization demonstrates, by petition, that at least 30% of the eligible employees in a bargaining unit support representation by an exclusive representative for collective bargaining; or

   (2) an employee or an employee organization demonstrates, by petition, that at least 30% of the eligible employees in a bargaining unit no longer support the current exclusive representative.

(b) Voting list. --

   (1) At least 30 days before an election under subsection (a) of this section, the labor relations administrator shall obtain from the Commission and provide to the employee organization a list of the names, addresses, and telephone numbers of every employee in the bargaining unit.

   (2) The provision of a list under this subsection by the Commission, the labor relations administrator, or a Commission official, employee, or other agent does not constitute a violation of § 10-617(e) of the State Government Article or any State or local law.

(c) Ballot. -- Elections shall be conducted by secret ballot containing:

   (1) the name of each employee organization that submits a valid petition requiring an election;

   (2) the name of any other employee organization supported by a petition signed by at least 10% of the eligible employees in the bargaining unit; and

   (3) an option for no representation.

(d) Election between current exclusive representative and other employee organization. --

   (1) If a petition described in subsection (a)(1) of this section is submitted at the same time that a petition described in subsection (a)(2) of this section is submitted, one election shall be held to determine which employee organization, if any, shall be the exclusive representative.

   (2) The ballot shall contain:

      (i) the name of the current certified employee organization;

      (ii) the name of the petitioning employee organization; and

      (iii) an option for no representation.

(e) Runoff election. --

   (1) If none of the choices on the ballot receives a majority of the votes cast, the labor relations administrator shall hold a runoff election.

   (2) In the runoff election, the ballot shall contain the two choices that received the highest number of votes cast in the initial election.

(f) Certification as exclusive representative. -- After the election, the labor relations administrator shall certify the employee organization that received a majority of the votes cast as the exclusive representative.

(g) Employee organization treated as successor in interest. -- If the petitioning employee organization is certified as the result of an election held under subsection (d) of this section, that employee organization shall be treated as a successor in interest and party to any collective bargaining agreement to which the previous employee organization was a party.

(h) Costs. -- The Commission and the employee organization shall share equally the costs of the election procedures.

(i) When elections may not be conducted. --

   (1) Elections may not be conducted:

      (i) within 1 year after the date of a valid election under this section; or

      (ii) except as provided in paragraph (2) of this subsection, during the term of a collective bargaining agreement.

   (2) During the term of a collective bargaining agreement, a petition for an election may be filed only during November of the fiscal year in which the agreement expires.

HISTORY: An. Code 1957, art. 28, § 2-112.1(g), (h); 2012, ch. 426, § 2.