§ 3-205. Administration and enforcement of title; guidelines for creating new bargaining unit; exclusive representation elections; unfair labor practices and lockouts

   (a) In general. -- The Board is responsible for administering and enforcing provisions of this title relating to employees described in § 3-102(a)(1)(i) through (iv) and (vi) through (ix) and (2) of this title.

(b) Creation of new bargaining unit guidelines; monitoring of elections; investigation of unfair labor practices and lockouts. -- In addition to any other powers or duties provided for elsewhere in this title, the Board may:

   (1) (i) establish guidelines for creating new bargaining units that include a consideration of:

         1. the effect of overfragmentation on the employer;

         2. the administrative structures of the State employer;

         3. the recommendations of the parties;

         4. the recommendations of the Executive Director;

         5. the desires of the employees involved;

         6. the communities of interest of the employees involved; and

         7. the wages, hours, and other working conditions of the employees;

      (ii) establish standards for determining an appropriate bargaining unit; and

      (iii) investigate and resolve disputes about appropriate bargaining units;

   (2) establish procedures for, supervise the conduct of, and resolve disputes about elections for exclusive representatives; and

   (3) investigate and take appropriate action in response to complaints of unfair labor practices and lockouts.

(c) Determination of bargaining unit. --

   (1) The Board may not designate a unique bargaining unit for each of the units of government identified in § 3-102(a)(1)(vi) through (ix) of this title.

   (2) At the request of the exclusive representative, the Board shall:

      (i) determine the appropriate existing bargaining unit into which to assign each employee in the units of government identified in § 3-102(a)(1)(vi) through (ix) of this title; and

      (ii) accrete all positions to appropriate existing bargaining units.

   (3) (i) Notwithstanding Subtitle 4 of this title, at the request of the exclusive representative, the Board shall conduct a self-determination election for each bargaining unit representative for the accreted employees in units of government identified in § 3-102(a)(1)(vi) through (ix) of this title.

      (ii) All elections shall be conducted by secret ballot.

      (iii) For each election, the Board shall place the following choices on the ballot:

         1. the name of the incumbent exclusive representative; and

         2. a provision for "no exclusive representative".

HISTORY: 1999, ch. 298, § 2; 2001, ch. 341; 2006, ch. 62; 2010, ch. 704; 2012, chs. 581, 582.