Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 30 - STATE HIGHER EDUCATION LABOR RELATIONS BOARD
Chapter 14.30.09 - Collective Bargaining
14.30.09.03 - Procedures for Ratification of Memorandum of Understanding

Universal Citation: MD Code Reg 14.30.09.03

14.30.09.03. Procedures for Ratification of Memorandum of Understanding

A. At the close of collective bargaining negotiations, the exclusive representative shall promptly present the proposed agreement to the employees in the bargaining unit for consideration and ratification, and shall conduct the ratification vote through either a ratification meeting or a mail in ballot, as provided in this regulation.

B. The exclusive representative shall give notice of the ratification process to all employees in the bargaining unit, sufficiently in advance of the ratification vote to permit the employees in the bargaining unit a reasonable opportunity to consider the matters to be voted upon prior to the vote. The notice shall be communicated to the employees in the bargaining unit by any means which may reasonably be expected to come to the attention of the employees in the bargaining unit, including but not limited to the following:

(1) Posting in conspicuous places where notices to employees in the bargaining unit are customarily posted, including but not limited to posting on the exclusive representative's website;

(2) Personal delivery to the employees in the bargaining unit;

(3) Delivery through interoffice mail;

(4) Mailing to the employees in the bargaining unit;

(5) Advertisement in an employee newsletter distributed to the employees in the bargaining unit or in a newspaper of general circulation in the community where the employees in the bargaining unit are employed; or

(6) Electronic mailing to the employees in the bargaining unit.

C. The exclusive representative may hold ratification meetings.

D. The notice sent to employees regarding a ratification meeting shall contain the following information:

(1) The date, time, and place of the meetings;

(2) That the meeting is open to all employees in the bargaining unit regardless of membership in the employee organization;

(3) That all employees in the bargaining unit are eligible to vote;

(4) That a copy of the terms of the proposed collective bargaining agreement is available for inspection at specified locations in the geographic area encompassed by the bargaining unit;

(5) That a copy of the terms of the agreement is available for inspection on the website of the exclusive representative; and

(6) The means through which employees in the bargaining unit will be permitted to ask questions of the exclusive bargaining representative regarding the proposed agreement, in advance of the ratification vote.

E. The vote taken at a ratification meeting shall be by secret ballot of all employees in the bargaining unit attending the meeting.

F. At the conclusion of voting, the votes shall be publicly counted and the results announced, or, in the event circumstances prevent a public tally of the votes, the results shall be announced within 3 days of the tally.

G. If it is necessary to conduct more than one ratification meeting:

(1) Each meeting shall be conducted pursuant to the foregoing requirements; and

(2) The combined results of voting conducted at the several meetings shall be announced within 3 days after the final ratification meeting.

H. The exclusive representative may use mail ballots for the ratification vote in lieu of ratification meetings. The notice sent to employees regarding ratification by mail ballots shall contain the following information:

(1) The mail ballot;

(2) A return envelope addressed to the exclusive representative containing the employee's State issued position identification number to be used by employees to return their ballots;

(3) The last date for returning ballots;

(4) That all employees in the bargaining unit are eligible to vote regardless of membership in the employee organization serving as the exclusive representative;

(5) That a copy of the terms of the proposed collective bargaining agreement is available for inspection at specified locations in the geographic area encompassed by the bargaining unit;

(6) That a copy of the terms of the agreement is available for inspection on the website of the exclusive representative;

(7) The means through which employees in the bargaining unit will be permitted to ask questions of the exclusive bargaining representative regarding the proposed agreement, in advance of the ratification vote; and

(8) When and where the exclusive representative will conduct a tally of the ballots.

I. Ballots returned to the exclusive representative by any other means than in the preaddressed envelope provided may not be counted.

J. Ballots postmarked later than the last date for returning ballots may not be counted.

K. The tally shall be open to all employees in the bargaining unit regardless of membership in the employee organization.

L. At the conclusion of the tally of the ballots, the results shall be announced and posted on the exclusive representative's website.

M. The ballots shall be retained by the exclusive representative for a period of 30 days after the final tally and shall be available for inspection within 3 business days of receipt of a written request by an employee in the bargaining unit.

N. The majority of votes cast by all those voting shall prevail.

O. The exclusive representative shall immediately notify the employer of the results of the ratification vote.

P. The exclusive representative shall maintain a written record of the results of the vote.

Q. The parties to a memorandum of understanding (MOU) negotiated and ratified pursuant to the requirements of this chapter shall file a copy of the MOU with the Board within 30 days after it has become effective following ratification.

(Regulation .03 adopted effective February 23, 2009 (36:4 Md. R. 355))
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