Code of Maryland Regulations (Last Updated: April 6, 2021)

Subtitle 34. PUBLIC SCHOOL LABOR RELATIONS BOARD

Chapter 14.34.01. Recognition of Employee Organizations

Sec. 14.34.01.03. Conduct of Elections

Latest version.

A. Subsequent to the filing of a 10 percent certification in accordance with Regulation .02A(3) or B(1) of this chapter, the local superintendent of schools shall assign reasonable bulletin board space and other display areas in all school facilities to all qualifying competing organizations of public school employees. Each organization shall be provided with equal space.

B. Each competing organization shall be permitted to use whatever distribution systems are normally available through the local board of education in accordance with its existing policies.

C. Materials from representatives of the competing organizations shall be appropriately distributed to all affected employees.

D. Representatives of competing organizations shall be permitted to meet with employees, individually and in groups, on school premises, but the meetings may not interfere in any way with work schedules, but shall be permitted during non-duty breaks or immediately preceding or following the work day.

E. Voting without intimidation, duress, or coercion will take place within every school facility where eligible public school employees normally work. A person may not be in the vicinity of the balloting box when voting is taking place, except those permitted to vote, the clerk, and the designated challengers or the election judge. The polling place location shall be posted on the school bulletin board at the same time as the election notice is posted. The designation of the polling place in each facility shall be the responsibility of the local superintendent of schools. The polling facilities will be designed to assure a secret ballot for each voter.

F. Lists of eligible voters for each polling place shall be provided by the local superintendent of schools to all competing organizations and the Public School Labor Relations Board. Only regularly employed school personnel shall be eligible to vote.

G. The local board of education shall designate at least one election clerk for each polling place. Except in cases of emergency, as determined by the election judge, or upon mutual agreement of the competing organizations, election clerks shall be persons who are not eligible to vote in any public school employee representative election under the provisions of Education Article, Title 6, Subtitle 4 or 5, Annotated Code of Maryland. This person shall have custody of all ballots and eligibility lists, shall determine the eligibility of each voter, shall issue a ballot (Form 10) to each eligible voter, and shall require the voter to sign the eligibility list. At the close of the polls, the election clerk shall return the ballot box, the unused ballots, and the voters' lists to the central tabulating station.

H. The Public School Labor Relations Board shall appoint for each election an election judge who shall have the responsibility and authority to resolve any matters in dispute regarding the election. The election judge may not be a member of or an employee of the local board of education or of any organization seeking exclusive representation in that school system.

I. A "notice of election" shall be posted in each school facility before election day. This notice of election shall designate the employee unit, date, time, place of election in each school facility, and instructions to voters (see Form 3).

J. The local board of education shall establish an office for the election judge. All competing organizations shall be notified of the location and telephone numbers of the election office.

K. The local board of education shall assist the Public School Labor Relations Board in designating a central location for the collection and tabulation of ballots following the election. Competing organizations shall be notified of the location of this tabulation center.

L. Election hours shall be during the regular working hours for the employees in the unit for which the election is held. The local superintendent of schools, with the concurrence of representatives of the organizations who will appear on the ballot, or, if the superintendent has failed to act, the election judge shall determine the hours during which the polls will be open at each school. Except as otherwise determined by the election judge, the polls at each school shall be open for an amount of time at least equal to the number of eligible voters multiplied by 5 minutes, but this may not exceed the working day.

M. Absentee ballots shall be made available by the election judge only to those otherwise eligible voters who are away from their assigned work locations on the day of the election at the direction of the public school employer.

N. Each organization may have an observer at each polling place during the election. At the conclusion of the election, the observers may accompany the election clerk in the return of the ballot box to the central tabulating office. Two observers from each competing organization may be present during the counting and tabulating of ballots. If it is necessary to employ substitutes for employees who are serving as observers, the competing organizations shall pay the necessary compensation.

O. A ballot box shall be provided by the local board of education for each polling place. The ballot boxes shall be of such construction as to safeguard the secrecy of the ballots and their security. Slots in the ballot boxes shall be sealed before the opening of the polls. The election clerk shall break the seals and examine the boxes, in the presence of the observers, if any, when the polls are opened. The election clerks shall reseal the slots at the close of the polls in such a manner that the ballots within are absolutely secure. The seal on the ballot box shall be signed by the election clerk and the observers, if any, and examined by the election judge before opening the ballot box for tabulation.

P. Ballot boxes shall be distributed to the polling places by a procedure established by the election judge.

Q. Printed paper ballots shall be furnished by the local board of education, with a copy of the ballot forwarded to the Public School Labor Relations Board in accordance with the attached recommended form (see Form 10).

R. Placement of the exact official names of organizations on the ballots shall be determined by the election judge after discussion with the competing organizations.

S. Every eligible voter shall be notified by the local board of education that he or she shall be required to show some form of identification, such as social security card, driver's license, charge plate, credit card, or other document to which his or her signature is affixed in order to obtain an official ballot and vote in the election. Organizational or membership cards may not be accepted as identification, even if the signature appears on it. If the voter does not have proper identification and if the observers from the organizations listed on the ballot agree to the voter's eligibility, the voter may vote a regular ballot. Otherwise, a challenge ballot shall be used.

T. A challenge ballot shall be a regular ballot which is folded, placed first in an unmarked envelope, which is in turn placed in an envelope clearly marked with the word "challenge". The "challenge" envelope shall be signed by the voter, sealed by the election clerk, with the reason for the challenge noted, and placed in the ballot box.

U. Eligible voters not appearing on the voting lists shall vote a challenge ballot. The election judge shall determine the eligibility of the voter casting such a challenged ballot and the election judge's determination shall be final.

V. Signed ballots and those bearing written comments shall be declared void. The election judge shall determine the validity of all other ballots, and the election judge's determination shall be final.

W. On election day, campaigning may not be allowed in the building or within 75 feet of the entrance to the building where voting takes place. Membership buttons may be worn.

FORM 1

Request for Representation Election Must Be Signed by More than 20 Percent of Public School Employees in a Unit

(Must be filed prior to the Close of Business on May 15, or October 15 in Baltimore City) (Year)

Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, the undersigned employee(s) of the _______¹ unit of employees of the Board of Education of _______ hereby request(s) that an election be held in June (or November in Baltimore City) (Year) to designate an exclusive bargaining representative for the aforesaid unit.

NOTE: ALL ITEMS MUST BE COMPLETED IN ORDER FOR YOUR SIGNATURE TO BE VALID.

Printed Name of Public School Employee	Signature of Public School Employee	Social Security No. of Public School Employee	Date
_______________________	____________________	______________________	_________________
_______________________	____________________	______________________	_________________
_______________________	____________________	______________________	_________________
_______________________	____________________	______________________	_________________

¹ (e.g., professional, administrative, or classified unit(s))

FORM 2

Revocation of Signature on Form 1

I hereby revoke my prior signature on the election petition known as the "Request for Representation Election". I understand that by revoking this signature I am waiving my right to once again sign the petition during the present school year.

NOTE: ALL ITEMS MUST BE COMPLETED IN ORDER FOR THIS REVOCATION TO BE VALID.

_______________________	____________________	______________________	_________________
Printed Name of Public School Employee	Signature of Public School Employee	Social Security No. of Public School Employee	Date

FORM 3

Notice of Election

Date, Time, and Place of Election

Date: _____________________

Time: Regular working day for employees

Place: Each school or educational facility

Secret Ballot

Voting will take place within every school or facility where eligible public school employees normally work. The designation of the polling place in each facility shall be determined by the election judge in consultation with the person in charge of each school or facility. The polling place shall permit each individual to vote free from observation by other individuals.

Authorized Observers

Each organization may have an observer at each polling place during the duration of the election. At the conclusion of the election the observers may accompany the election clerk to the central tabulating office.

Tally

A ballot box shall be provided by the local board of education for each polling place. The ballot boxes shall be of such construction as to safeguard the secrecy of the ballots and their security. Slots in the ballot boxes shall be sealed before the opening of the polls. The boxes shall be unsealed and examined by the election clerks, in the presence of the observers, if any, when the polls are opened. The slots shall be resealed by the election clerks at the close of the polls in such a manner that the ballots within are absolutely secure. The seal on the ballot box shall be signed by the election clerk and the observers, if any, and examined by the election judge before opening the ballot box for tabulation.

Identification

Every eligible voter shall be required to show some form of identification, such as driver's license, charge plate, credit card, or other document to which the voter's signature is affixed in order to obtain an official ballot and vote in the election. Organizational or membership cards may not be accepted as identification. If the voter does not have proper identification and if the observers from the organizations listed on the ballot agree to the voter's eligibility, the voter may vote a regular ballot. Otherwise, a challenge ballot shall be used.

Challenge Ballots

A challenge ballot shall be a regular ballot cast, which is folded, placed first in an unmarked envelope, which is in turn placed in an envelope clearly marked with the word "challenge". The "challenge" envelope shall be signed by the voter, sealed by the election clerk, with the reason for the challenge noted, and placed in the ballot box.

Eligible voters not appearing on the voting lists shall cast a challenge ballot.

Validity of Ballots

Signed ballots and those bearing written comments shall be declared void. The election judge shall determine the validity of all other ballots.

Campaigning

On election day, campaigning may not be allowed in the building or within 75 feet of the entrance to the building where voting takes place. Membership buttons may be worn. If a voter presents himself wearing anything which appears to be of a campaigning nature, the election clerk shall request the voter to remove it.

FORM 4

Request for Exclusive Representation by an Organization Certifying at Least 10 Percent of the Public School Employees of a Designated Unit

(Must be filed prior to the Close of Business on May 25, or October 25 in Baltimore City) (Year)

Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, ____________1 hereby certifies to __________________ 2 through its duly authorized agents that it is a public school employee organization which has a member enrollment of at least 10 percent of the total number of public school employees in ____________ 3 as of June 1, (Year) and requests that an election be held, in which the public school employees in this unit shall be offered a choice among all qualifying employee organizations as the exclusive representative of all public school employees in the unit or of no exclusive representation.

By this certification and request it is hereby agreed by the above stated public school employee organization that the Public School Labor Relations Board may at any reasonable time and in any reasonable manner verify the facts of membership certified to in this request before the designation of an exclusive representative, if any, as requested.

Witness our hands and seals as the duly authorized representatives of the above named public school employee organization this _______ day of May (or October in Baltimore City) (Year).

___________________________________________________________

Name of Organization

By: __________________________		By: ______________________
Signature of Authorized Representative		Signature of Authorized Representative
__________________________		______________________
Official Organization Position		Official Organization Position
__________________________		______________________
Date Signed		Date Signed

¹ Public school employee organization

² Local school board

³ Designated public school employee unit

FORM 5 (Only to be filed where there is no incumbent exclusive representative)

Request for Exclusive Representation by an Organization Certifying at Least 30 Percent of the Public School Employees of a Designated Unit

(Must be filed prior to the Close of Business on May 25, or October 25 in Baltimore City) (Year)

Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, _________¹ hereby certifies to __________ ² through its duly authorized agents that it is a public school employee organization which has a member enrollment of at least 30 percent of the total number of public school employees in _________ ³ as of June 1, (Year) and hereby states that this certification shall constitute a request for recognition as exclusive representative for all public school employees in this unit.

Witness our hands and seals as the duly authorized representatives of the above named public school employee organization this _______ day of May (or October in Baltimore City) (Year).

___________________________________________________________

Name of Organization

By: __________________________		By: ______________________
Signature of Authorized Representative		Signature of Authorized Representative
__________________________		______________________
Official Organization Position		Official Organization Position
__________________________		______________________
Date Signed		Date Signed

¹ Public school employee organization

² Local school board

³ Designated public school employee unit

FORM 6 (Only to be filed if Form 5 is filed)

Request for Exclusive Representation by an Organization Certifying at Least 10 Percent of the Public School Employees of a Designated Unit (where Form 5 is filed)

(Must be filed prior to the Close of Business on May 28 or October 28 in Baltimore City) (Year)

Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, ________¹ hereby certifies to __________ ² through its duly authorized agents that it is a public school employee organization which has a member enrollment of at least 10 percent of the total number of public school employees in _______³ as of June 1, (Year) and requests that an election be held, in which the public school employees in this unit shall be offered a choice among all qualifying employee organizations as the exclusive representative of all public school employees in the unit or of no exclusive representation.

Witness our hands and seals as the duly authorized representatives of the above named public school employee organization this _____ day of May (or October in Baltimore City) (Year).

___________________________________________________________

Name of Organization

By: __________________________		By: ______________________
Signature of Authorized Representative		Signature of Authorized Representative
__________________________		______________________
Official Organization Position		Official Organization Position
__________________________		______________________
Date Signed		Date Signed

¹ Public school employee organization

² Local school board

³ Designated public school employee unit

FORM 7

Petition by an Organization that It Has a Membership of a Majority of the Public School Employees in a Designated Unit, Where It Has Filed a 30 Percent Membership Certification and No Other Organization Certified a 10 Percent Membership of Unit Members

(Must be filed by May 31 or October 31 in Baltimore City) (Year)

Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, _________¹ hereby certifies to ________² through its duly authorized agents that it has previously filed Form 5, certifying that it has at least 30 percent of the public school employees in _________³ as of June 1, (Year); that no other organization has certified that it has a membership of 10 percent of the members of said unit; and that _________¹ hereby certifies that it has a membership enrollment of the majority of the public school employees in said unit.

By this certification, it is requested that _________² designate _________¹ as the exclusive representative of all public school employees in said unit.

___________________________________________________________

Name of Organization

By: __________________________		By: ______________________
Signature of Authorized Representative		Signature of Authorized Representative
__________________________		______________________
Official Organization Position		Official Organization Position
__________________________		______________________
Date Signed		Date Signed

¹ Public school employee organization

² Local school board

³ Designated public school employee unit

FORM 8

Designation of Exclusive Public School Employee Organization by Local School Board

On the aforegoing certification the ______¹ by resolution hereby designates ______² as the exclusive public school employee organization for the ______³ beginning June (November) _____, (Year) and continuing as provided by law.

___________________________________________________________

Name of Organization

By: __________________________		By: ______________________
Signature of Authorized Representative		Signature of Authorized Representative
__________________________		______________________
Official Organization Position		Official Organization Position
__________________________		______________________
Date Signed		Date Signed

¹ Local school board

² Employee organization

³ Designated public school employee unit

FORM 9

Certification of Election Results in the Matter of the Election ______________________¹

Pursuant to the provisions of Education Article, Title 6, Subtitle 4 (or Subtitle 5), Annotated Code of Maryland, ______² conducted a representation election to determine whether eligible public school employees of ______¹ wished to be represented by ______³ or neither organization.

The Public School Labor Relations Board duly designated the undersigned to supervise and preside over the election and to issue a certification of the results thereof.

The balloting took place at all school and other educational facilities on June (November) __________, (Year) from ______ to ______.4 The vote was by paper ballot.

The tally took place immediately after the closing of the polls at _____.⁵

Challenged ballots neither ruled on nor counted: _______.⁶

Results are certified to be as follows:

Public School Employee Organization³		______________________
Public School Employee Organization³		______________________
No Exclusive Representation		______________________
Void		______________________
Blank		______________________
Dated⁷: June (November) __ (Year)		______________________
		______________________⁸
		Election Judge (printed)
		______________________
		Election Judge (signature)

¹ Designated public school employee unit (include County (City) in designation)

² Local school board

³ Competing public school employee organizations

⁴ Hours for balloting

⁵ Location of central ballot counting

⁶ Ballots not counted

⁷ Date of election tally

⁸ Printed name and signature of election judge

FORM 10

Representation Election Ballot

____________________________

(Unit)

____________________________

(Local Board)

____________________________

(Date of Election)

Mark your choice with (X) in one box only. Do not sign ballot or make any other marks

[ ] _______________________________________________

(Name of Organization)

[ ] _______________________________________________

(Name of Organization)

[ ] No Exclusive Representation

                    
                        var val = document.getElementById('citecontent').innerHTML;
                        art.dialog.defaults.title = window.location.href;
                        art.dialog.data('cite', val);
                        art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                        art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');