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Statutes Text

Article - State Personnel and Pensions




§3–205.

    (a)    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 (x) and (2) of this title.

    (b)    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)    (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 (x) 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 (x) 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 (x) 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”.



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