Sec. 14.32.04.01. General Procedures

A. Notice of Election.

(1) 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:

(a) The petitioner;

(b) Any intervening petitioner; and

(c) The employer.

(2) The notice of election shall provide a sample ballot and identify:

(a) The employer;

(b) The bargaining unit;

(c) Rules concerning the employees' eligibility to vote;

(d) Choices presented to the voter;

(e) If it is an on-site election:

(i) The election date, which may not be more than 90 days from the date the election petition is filed;

(ii) The location of polling places; and

(iii) The hours the polls will be open;

(f) If it is a mail ballot election:

(i) The date the ballots will be mailed or distributed to the voters, which date shall be approximately 2 days before the time period for voting;

(ii) The 14-day time period in which mail ballots may be postmarked for return to the Executive Director, the first day of which period may not be later than 90 days after the election petition is filed; and

(iii) The date and time the ballots will be counted;

(g) The place and time of ballot counting; and

(h) Further information that the Executive Director considers appropriate.

(3) Posting Notice of Election.

(a) A copy of the notice of election and the sample ballot shall be posted at the Executive Director's office at least 30 days before the election.

(b) A copy of the notice of election and the sample ballot shall be posted by the employer for the benefit of employees in the bargaining unit at all work locations where notices are customarily posted for at least 21 days before the election or distribution of mail ballots, through the end of the election.

(c) Posting requirements may be modified by a mutual written agreement of all parties, which shall be filed with and approved by the Executive Director.

(d) The Executive Director may tailor requirements to provide adequate notice to employees.

(e) The employer shall take reasonable precautions to ensure that notices of election and sample ballots are not altered, covered, defaced, or removed before the completion of the election.

B. Eligibility; Voter List.

(1) Eligible voters are those employees who:

(a) Were employed in the bargaining unit during the payroll period immediately preceding the direction of election unless another date is agreed upon by the parties and the Board; and

(b) Are employed in the bargaining unit on the date of the election.

(2) The employer shall submit to the Board, within a reasonable time from the Board's request, an alphabetical list of the names, addresses, and job classifications of the employees in the bargaining unit. The list may further be amended by agreement of the parties immediately before the election.

(3) 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:

(i) Full name;

(ii) Department;

(iii) Job title; and

(iv) Bargaining unit.

(c) The Executive Director shall promptly provide the voter list to the petitioner and all other employee organizations included in the election.

C. Election Type.

(1) An election shall be held on site, except the Board may, if necessary, in its discretion, conduct an election in whole or in part by mail ballot.

(2) When the election is conducted in whole or in part by mail ballot or is conducted on more than one date, the date of the election shall be the date on which the ballots are to be counted.

D. Time for Intervention. An employee organization may not be placed on any ballot unless application for intervention, as provided in COMAR 14.32.02.05B and 14.32.03.01B, is received by the Board within 15 calendar days after the direction of an election. Submission of an adequate showing of interest, as provided in COMAR 14.32.03.03B, must be received by the Board within 15 calendar days after the direction of the election, unless an extension of time, upon written request, is granted by the Board.

E. Filing Requirements. Before the issuance of an order directing an election, an employee organization seeking election as the exclusive representative shall file with the Executive Director a copy of its governing documents in compliance with State Personnel and Pensions Article, §3-404, Annotated Code of Maryland. The certified employee organizations shall file all subsequently enacted changes and amendments to its governing documents in a timely manner.

F. Election Order; Conduct of Election.

(1) After consulting with the parties to an election, the Board shall determine the date, place, and other procedural aspects of conducting the election and set forth the details in an order of election.

(2) Elections shall be conducted under the direction and supervision of the Board or its election agent and shall be by secret ballot.

(3) Ballots shall be provided by the Board and shall contain the information required under State Personnel and Pensions Article, §3-405, Annotated Code of Maryland.

G. Election Results; Tally of Ballots.

(1) Time and Place. At a time and place the Board prescribes, in the presence of the parties, the election agent shall open the ballot box and tabulate the results of the election.

(2) Void Ballots. Void ballots shall be those which do not indicate the clear intent of the voter or which appear to identify the voter.

H. Equal Access for Employees and Election Candidates.

(1) Eligible employees and election candidates shall enjoy the right of reasonable access to common areas of State facilities, including, but not limited to, grounds, rooms, and bulletin boards, for the purpose of conducting speech activities under this subtitle.

(2) The employer may not alter or revise existing speech access rules or practices for the community or general public at State facilities for the specific purpose of unfairly limiting or preventing employees or election candidates in organizing for collective bargaining.

(3) A privilege of access under this section extended to one election candidate shall be extended equally to other election candidates by the employer.