Certification and Recognition of Employee Organizations

Baltimore City Code art. 12, subtit. 4

in effect

Baltimore City Code, Article 12, § 4-1 In general.

§ 4-1. In general. (a) Employer may recognize. The employer is hereby empowered to recognize any employee organization certified as hereinafter provided as the exclusive representative of the employees in an appropriate unit. (b) Duty to negotiate. The employer and such employee organization shall have the mutual duty to negotiate collectively, as hereinafter provided. (c) Exclusive right of representation. (1) When an employee organization has been so certified, it shall have the exclusive right to represent all employees in the unit for the purpose of collective negotiation, as described herein, and the handling of employee grievances. (2) Provided said employee organization shall be responsible for fairly representing the interests of all such employees without discrimination and without regard to employee organization membership. (d) Employee may grieve individually. (1) Provided, however, that any individual employee may present a grievance to his employer and have the grievance adjusted, without intervention of his certified employee organization, provided the adjustment shall not be inconsistent with the terms of any memorandum of understanding between the employer and the certified employee organization representing such employee then in effect. (2) Any certified employee organization representing such employee: (i) shall be given prompt notice of the filing of the grievance; (ii) shall have the privilege of attending any hearings; and (iii) shall be notified of the adjustment thereon. (Ord. 68-251.)

Baltimore City Code, Article 12, § 4-2 Determining questions of representation.

§ 4-2. Determining questions of representation. (a) Commissioner to process petition and negotiate. Whenever, in accordance with the provisions of this article and with such rules and regulations as may be promulgated by the Labor Commissioner, a petition or petitions have been filed with the Labor Commissioner claiming that a question concerning representation exists: (1) by or on behalf of an employee organization alleging: (i) that a substantial number of employees wish said employee organization to be their exclusive representative for collective negotiation, or (ii) that the employee organization currently certified no longer represents the majority of employees in the unit; or (2) by the employer alleging that one or more employee organizations have presented to it a claim to be recognized as the representative of a majority of employees in a specified unit, the Labor Commissioner shall process said petition and negotiate on behalf of the employer, with the employee organization and any party or parties permitted to intervene in the proceedings, for the purpose of endeavoring to reach an agreement concerning the question of representation within 5 days. (b) Governing standards. In considering the question of representation, the Labor Commissioner shall define the appropriate unit pursuant to the following standards: (1) A unit which consists of a majority of employees in a civil service job classification or group of related civil service job classifications shall be deemed prima facie an appropriate unit. (2) This shall not limit the power of the Labor Commissioner to determine that a unit other than one based on job classification is appropriate so long as: (i) the description of the unit corresponds to a community of interest among the employees in the proposed unit, involving such criteria as similarity of job duties, skills, wages, educational requirements, supervision, hours of work, job location, and working conditions; and (ii) the unit is compatible with the joint responsibilities of the employer and employees to serve the public. (3) No unit shall be deemed appropriate if it includes both professional and other employees unless a majority of such professional employees vote for inclusion in such unit, nor shall any unit be deemed appropriate if it includes both supervisory and non-supervisory personnel. (c) Impartial panel to decide unresolved questions. (1) In the event said Labor Commissioner, employee organization, employer, intervenor, or intervenors fail to reach an agreement on any aspect of the question concerning representation, the Labor Commissioner shall refer the dispute for final determination to a board of 3 impartial persons selected from a panel obtained from an independent third party agency, agreeable to all parties, and such board, in reaching its determination, shall be bound by the provisions of this article. (2) The costs of such determination shall be divided among all parties thereto. (3) In the event the parties are unable to agree on an independent third party agency, the board shall be selected from a panel obtained from the Federal Mediation and Conciliation Service of the U.S. Department of Labor. (Ord. 68-251.)

Baltimore City Code, Article 12, § 4-3 Election of exclusive representative.

§ 4-3. Election of exclusive representative. (a) In general. If a question concerning representation is found to exist, the Labor Commissioner shall direct an election upon the following bases. (b) No intervenors with 10% or greater representation. Where an employee organization certifies to the employer that it has a membership enrollment, as evidenced by dues authorization cards, of at least 30% of the total number of employees in an appropriate unit, and if no other intervenor employee organization or organizations certifies that it has a membership enrollment of at least 10% of the total number of employees in said unit, then, in such event, a secret ballot election shall be held in which the employees in such unit shall be offered a choice between exclusive representation by such organization or of no exclusive representation. (c) 2 or more intervenors with 10% or greater representation. In the event that an employee organization certifies to the employer that it has a membership enrollment of, or authorizations to represent at least 30% of the total number of employees in an appropriate unit and if any intervenor employee organization or organizations certifies that it has a membership enrollment of at least 10% of the total number of employees in such unit, then in such event, a secret ballot election shall be held wherein the ballot shall offer a choice among each of said employee organizations or of no exclusive representation. (d) Majority vote prevails. (1) In all elections held hereunder the employee organization receiving the majority of votes cast by the eligible employees in a unit shall be declared to be the exclusive representative of all employees in such unit. (2) Provided, however, that if the majority of votes in said election is cast for no exclusive representative, then there shall be no representative designated for such unit. (3) Provided further, that where none of the choices on the ballot receives a majority, a run-off election shall be conducted, the ballot providing for a selection between the 2 choices receiving the largest and second largest number of valid votes cast in the election. (e) 1 election only per 2-year period. No election shall be conducted in any unit in which an election has been conducted within the preceding 2 years. (f) Impartial agency assistance. The services of the State Department of Labor and Industry or any other impartial agency selected by the parties to the election shall be utilized for the purpose of conducting elections hereunder including any disputes which may arise in respect thereto. (g) Certification of results. The Labor Commissioner shall announce publicly the results of any election and shall certify said results. (Ord. 68-251.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/12/4Fetched: 10/25/2026