§ 16-304. Constitution, bylaws, and annual report of employee organization.  


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  •    (a) Duty to file constitution and bylaws. -- An employee organization that is certified or that seeks certification as an exclusive representative under this subtitle shall:

       (1) file with the Commission and the Labor Commissioner a copy of the employee organization's constitution and bylaws; and

       (2) report promptly any change in the constitution or bylaws.

    (b) Contents of constitution and bylaws. -- The constitution or bylaws shall include:

       (1) a pledge that the employee organization accepts members without regard to age, race, gender, religion, marital status, or national origin;

       (2) the right of members to participate in the affairs of the employee organization;

       (3) procedures for periodic elections of officers by secret ballot;

       (4) fair procedures governing disciplinary actions;

       (5) procedures for the accurate accounting of income and expenditures;

       (6) a requirement that an annual financial report be produced; and

       (7) the right of members to inspect the employee organization's accounts.

    (c) Duty to file annual report. -- An employee organization shall file an annual report with the Commission and the Labor Commissioner.

    (d) Contents of annual report. -- The annual report shall include a financial report that:

       (1) is signed by the president and treasurer or corresponding principal officers of the employee organization; and

       (2) contains information in detail sufficient to accurately disclose the financial condition and operations of the employee organization.

    (e) Failure to file. -- An employee organization that has not filed an annual report or the constitution and bylaws of which do not conform to the requirements of subsection (b) of this section may not be or remain certified as an exclusive representative under this subtitle.


HISTORY: An. Code 1957, art. 28, § 5-114.1(d)(3)-(6); 2012, ch. 426, § 2.