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14.30.05.00.htm 14.30.05.00. Title 14 INDEPENDENT AGENCIES Subtitle 30 STATE HIGHER EDUCATION LABOR RELATIONS BOARD Chapter 05 Elections Authority: State Personnel and Pensions Article, §3-2A-05―3-2A-07, Annotated Code of Maryland
14.30.05.01.htm 14.30.05.01. 01 Scope.. This chapter governs the procedures for representation elections conducted by the Board..
14.30.05.02.htm 14.30.05.02. 02 Notice of Election.. A. Within 30 days of the filing of a valid petition of election, the Executive Director shall mail or deliver a notice of election indicating that a valid petition has been filed and that an election will be held, to:1) The petitioner;. 2) Any intervening petitioner; and. 3) The employer.. B. The notice of election shall provide a sample ballot and identify:. 1) The employer;. 2) The bargaining unit;. 3) Rules concerning the employees' eligibility to vote;.
14.30.05.03.htm 14.30.05.03. 03 Election Procedure.. A. An election shall be by secret ballot at the times, places, and conditions that the Executive Director requires.B. In determining polling sites and voting methods, the Executive Director shall consider:. 1) The total number of eligible voters;. 2) The nature of the eligible voters' work stations;. 3) The location of the eligible voters' work stations;. 4) The number of eligible voters at each work station; and.
14.30.05.04.htm 14.30.05.04. 04 Ballots.. A. The Executive Director shall prepare and distribute official ballots.. B. Ballots shall contain the name of each candidate for representative along with a final choice of "no exclusive representative"C. The order of candidates on the ballots shall be determined by drawing lots under the administration of the Executive Director.D. Eligible candidates in a runoff election shall be listed as they appeared on the initial ballot..
14.30.05.05.htm 14.30.05.05. 05 Voter Eligibility.. A. Employees eligible to vote are those employees who:. 1) Are employed on the date of the last payroll period before the issuance of the order of the election;2) Are still employed on the date of the election; and. 3) Meet the applicable requirements defining covered employees in State Personnel and Pensions Article, §3-102, Annotated Code of Maryland.B. Eligible employees who have a reasonable expectation of continued employment are considered to be
14.30.05.06.htm 14.30.05.06. 06 Final Election Order.. A. After gathering and reviewing relevant election factors, at least 30 days before the election date, the Executive Director shall issue a final election order setting forth:1) The date of election;. 2) The place of election;. 3) The manner of election; and. 4) Other information and circumstances that the Executive Director may require.. B. The final election order shall be sent by mail by the Executive Director to:.
14.30.05.07.htm 14.30.05.07. 07 Voter List.. A. Within 7 days after the final election order is issued, the employer shall deliver an up-to-date voter list to the Executive Director.B. The voter list shall contain the following information for each employee in the unit eligible to vote:1) Full name;. 2) Department;. 3) Job title;. 4) Worksite campus street address; and. 5) Electronic mail address.. C. The Executive Director shall promptly provide the voter list to the petitioner and all other empl
14.30.05.08.htm 14.30.05.08. 08 Conduct of Elections.. A. The anonymity of ballots shall be maintained to the greatest extent possible.. B. On-Site Elections.. 1) Voting shall be scheduled during the work day whenever possible and polling places and voting times shall permit reasonable access by voters, so that no voter will have to travel an unreasonable distance to vote. State higher education employers shall grant reasonable release time to employees so that they can vote during their workday or shift.
14.30.05.09.htm 14.30.05.09. 09 Election Observers.. A. Each union participating in an on-site election may be represented by one observer per unit at each polling place, who has no supervisory power over employees who are voting, to observe:1) The voting activities; and. 2) The counting of the ballots and the certification of the accuracy of the ballot count.. B. The institution president or governing board may designate an observer who is not a supervisor of any of the employees who are eligible to vote in
14.30.05.09-1.htm 14.30.05.09-1. 09-1 Tally of Ballots.. A. Ballots shall be counted at a place and time prescribed by the Executive Director, or the Executive Director's designee, and shall be open to the public viewing.B. The Executive Director, or the Executive Director's designee, shall undertake the counting of the ballots. Present at the table, with the Executive Director, or the Executive Director's designee, for the official tally of the ballots, shall be:1) An additional Board staff observer;.
14.30.05.10.htm 14.30.05.10. 10 Challenged Ballots.. A. A voter may be challenged for cause by a designated observer described in Regulation .09 of this chapter.B. If a voter is challenged for cause, the challenged voter may vote and then:. 1) Place the ballot in an envelope marked only "Secret Ballot". 2) The "Secret Ballot Envelope" shall next be sealed in a separate envelope marked "Challenged Ballot Envelope" which identifies on the outside:a) The identity of the challenged voter;.
14.30.05.11.htm 14.30.05.11. 11 Void Ballots.. A. The Executive Director or the election judge shall determine a ballot void if:. 1) The ballot does not reveal the intent of the voter due to:. a) Mutilation;. b) Soiling; or. c) Any other reason;. 2) In the case of a mail ballot, it is returned without all required voter identification.. B. A void ballot may not be counted as favoring any alternative proposition appearing on the ballot.. C. The Executive Director or election judge shall liberally view ballots in
14.30.05.12.htm 14.30.05.12. 12 Majority Vote Required.. A. In all elections a majority of the valid votes cast shall determine the outcome of the election.. B. The Executive Director shall certify "no exclusive representative" if there is a tie vote in an election that affords only a choice between one representative and no exclusive representative.
14.30.05.13.htm 14.30.05.13. 13 Certification of Election Results.. A. Service to Parties. Within 5 days of the election, the Executive Director shall prepare and serve on the parties a report of the election results which shall include the official tally of the ballots and a certificate of service.B. Objections. Within 10 days after the report of election results has been served, any party to the election proceeding may file with the Board objections to the election procedure or to any conduct
14.30.05.14.htm 14.30.05.14. 14 Runoff Election.. A. The Executive Director shall conduct a runoff election when no choice receives a majority of ballots cast except in the circumstances described in Regulation .13B of this chapter.B. A runoff election shall be held at least 10 days, and not later than 30 days, after the Board resolves all relevant and properly filed objections.C. Only employees who were eligible to vote in the initial election and who remain in the bargaining unit on the date of the
14.30.05.15.htm 14.30.05.15. 15 Objections to the Conduct of Election Judges.. At any time before the eighth day following the report of the election results from the Executive Director, a party may object to any action of the Executive Director, election judge, or other Board staff in conducting an election as having been inconsistent with the Collective Bargaining Act or these regulations and having materially prejudiced the party and likely changed the outcome of the election.
14.30.05.16.htm 14.30.05.16. 16 Objections to the Conduct of a Party.. A. At any time before the eighth day following the report of the election results to the Executive Director, a party to the election who objects to prejudicial conduct of another party may file an objection with the Executive Director.B. Activities of a party to an election which materially compromise the secret ballot process, effectively disenfranchise eligible voters, or otherwise substantially interfere with a free and fair ele
14.30.05.17.htm 14.30.05.17. 17 Amendment of Certification of Representative.. A. Contents. A certified exclusive representative shall file a petition with the Board to amend its certification if there is a change in the name or affiliation of the exclusive representative that does not raise a question concerning representation such as, whether the employees have designated a particular organization as their bargaining agent. A petition to amend a certification of representative shall meet the requi
14.30.05.9999.htm 14.30.05.9999. Administrative History Effective date: April 1, 2002 (29:6 Md. R. 568). Regulation .02D adopted as an emergency provision effective December 23, 2002 (30:13 Md. R. 851) adopted permanently effective September 29, 2003 (30:19 Md. R. 1334)Regulation .18 adopted as an emergency provision effective September 30, 2002 (30:13 Md. R. 852) adopted permanently effective September 29, 2003 (30:19 Md. R. 1334) ―Chapter revised effective March 13, 2006 (33:5 Md. R. 522).
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