§ 4-5-305. SAME - VERIFICATION OF PROOF OF INTEREST.

(a)

In general. Before a petition may be processed, the proof of interest submitted under § 4-5-304(b) or (d) of this subtitle shall be verified as provided in this section.

(b)

Written authorization cards. When an employee organization or employees file a petition with the Director of Human Resources, the employee organization or employees shall submit to an impartial third party agency written authorization cards signed and dated by at least 30% of the employees in the representation unit not more than 6 months before the day the petition is filed indicating, as appropriate, that the employees:

(1)

Have designated the employee organization to represent them in their employment relations with the county administration; or

(2)

Wish to decertify the current exclusive representative.

(c)

Director of Human Resources to submit list of employees.

(1)

Not more than 14 calendar days after the day the Director of Human Resources receives a petition, the Director shall submit to the impartial third party agency a list of employees in the representation unit.

(2)

If, with respect to a petition filed by an employee organization seeking to represent employees in a representation unit, the Director of Human Resources fails to submit the list of employees to the impartial third party agency within the required time, it shall be conclusively deemed that at least 30% of the employees in the representation unit have indicated a desire to be represented by an employee organization.

(d)

Determination of the impartial third party agency.

(1)

The impartial third party agency shall check the written authorization cards submitted by the employee organization or the employees against the list of employees submitted by the Director of Human Resources.

(2)

If the impartial third party agency determines that at least 30% of the employees on the list have indicated a desire to be represented by the employee organization or to decertify an exclusive representative, it shall notify the Director of Human Resources of its determination.

(1988 Code, § 25-56) (Bill No. 147-97, § 1, 1-26-1998; Bill No. 66-99, § 2, 7-1-2004; Bill No. 71-03, §§ 3, 4, 7-1-2004; Bill No. 123-10, § 5, 1-16-2011)