Md. Code Ann., Educ. § 6-405
Redline — January 1, 2019 → current.View current text →
Current — January 1, 2024
As of January 1, 2019
(a) The designation of an employee organization as an exclusive representative shall be made as provided in this section.
(b) If an employee organization certifies to the public school employer that it has a membership enrollment of at least 30 percent of the total number of public school employees in a specified unit in a county as of June 1 of the year in which certification is made, this certification is a request for recognition as exclusive representative of all public school employees in the specified unit in the county.
(c) If another employee organization certifies that it has a membership enrollment of at least 10 percent of the total number of public school employees in the unit as of the same June 1, an election shall be held in which the public school employees in the unit shall be offered the opportunity to choose:
(1) One of the employee organizations as the exclusive representative of all public school employees in the unit; or
(2) Not to have exclusive representation.
(d) If no other employee organization certifies that it has a membership enrollment of at least 10 percent of the total number of public school employees in the unit, on the request of the employee organization under subsection (b) of this section, an election shall be held and the ballot shall offer a choice between:
(1) Exclusive representation by the organization; and
(2) Not to have exclusive representation.
(e) The public school employer shall designate the employee organization described in subsection (b) of this section as the exclusive representative of all public school employees in the specified unit in a county if:
(1) No other employee organization certifies that it has a membership enrollment of at least 10 percent of the total number of public school employees in the unit;
(2) The employee organization does not request an election under subsection (d) of this section; and
(3) The employee organization certifies that it has a membership enrollment of the majority of the public school employees in the unit in the county.
(f) (1) The Board shall adopt rules and regulations for:
(i) Verifying the number of certificated employees of the public school employer or individuals of equivalent status in Baltimore City who are members in good standing of an employee organization on the date of the certification or who have signed a petition under this section; and
(ii) Holding elections under this section and the certification of their results.
(2) The Board shall provide for supervision of these elections.
(3) The elections shall be held:
(i) In each school facility where public employees are assigned on a regularly scheduled school day;
(ii) In a manner assuring the secrecy of the ballot; and
(iii) On a regular working day for public school employees, between June 1 and June 15, inclusive, except in Baltimore City where the elections shall be held between November 1 and November 15 following the date on which certification of required membership enrollment is made.
(4) In any election held under this section, the employee organization that receives the largest number of votes cast in a unit shall be declared to be the exclusive representative of all public school employees in the unit. If the largest number of votes in the election is cast not to have exclusive representation, a representative may not be designated for the unit.
(5) The public school employer shall provide any assistance required in holding the elections.
(a) (1) (i) Each public school employer shall provide the exclusive representative access to new employee processing.
(ii) Except as provided in subparagraph (iii) of this paragraph, the public school employer shall provide the exclusive representative at least 10 days’ notice in advance of a new employee processing.
(iii) The public school employer may provide the exclusive representative with less than 10 days’ notice if there is an urgent need critical to the public school employer’s new employee processing that was not reasonably foreseeable.
(2) (i) The structure, time, and manner of the access required in paragraph (1) of this subsection shall be determined through negotiations between the public school employer and the exclusive representative in accordance with § 6–406 of this subtitle.
(ii) When negotiating access to new employee processing under subparagraph (i) of this paragraph, if any dispute has not been resolved within 45 days after the first meeting of the public school employer and the exclusive representative, or within 60 days after an initial request to negotiate, whichever occurs first, either party may request that the Board declare an impasse under § 6–406(e) of this subtitle.
(iii) In an impasse proceeding under § 6–406(e) of this subtitle, the mediator or Board shall consider:
1. The ability of the exclusive representative to communicate with the public school employees it represents;
2. The legal obligations of the exclusive representative to the public school employees;
3. Applicable State, federal, and local laws;
4. Any stipulations of the parties;
5. The interests and welfare of the public school employees and the financial condition of the public school employer;
6. The structure, time, and manner of access of an exclusive representative to new employee processing in comparable public school employers, including the access provisions in other memoranda of understanding or collective bargaining agreements; and
7. Any other facts routinely considered in establishing the structure, time, and manner of access of an exclusive representative to new employee processing.
(3) (i) A request to negotiate under paragraph (2) of this subsection made between July 1, 2018, and the expiration date of an existing collective bargaining agreement between the parties shall reopen the existing collective bargaining agreement only for the purpose of negotiating the access of the exclusive representative to the public school employer’s new employee processing.
(ii) Either party may elect to negotiate a separate agreement on the access of the exclusive representative to the public school employer’s new employee processing in lieu of reopening the existing collective bargaining agreement.
(b) This section does not prohibit a public school employer and an exclusive representative from negotiating access to new employee processing that varies from the requirements of this section.
(c) Nothing in this section shall abrogate existing collective bargaining agreements between public school employers and exclusive representatives.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.