(a) Decertification petition. A decertification petition alleging that an exclusive representative is no longer the majority representative of employees in an appropriate representation unit may be filed with the Personnel Officer by an employee, a group of employees or their representative, or an employee organization. The petition shall be accompanied by written proof, dated within six months of the date on which the petition is filed, of employee approval equal to at least 30% of the employees in the representation unit.
(b) Filing of petition; election.
(1) A petition may be filed with and shall be received by the Personnel Officer only during the month of October following the first full year of exclusive representation. A decertification petition for the same appropriate representation unit may not be received more frequently than every other year.
(2) The Personnel Officer shall arrange for a secret ballot election to be conducted by the Division of Labor and Industry or an appropriate independent agency appointed by the Personnel Officer.
(3) In the election the employees in the unit shall be offered a choice between exclusive representation by the exclusive representative and no exclusive representation. If an intervenor employee organization complies with § 6-4-107, the ballot shall offer a choice among the exclusive representative, an intervenor employee organization, and no exclusive representation.
(c) Determination of election results. The determination of election results shall be made in accordance with § 6-4-107(f).
(d) Effect on memorandum of agreements. Whenever a valid memorandum of agreement is in effect on the effective date of decertification of an exclusive representative that is a party to the memorandum, the Administration and any new exclusive representative, are bound by that agreement during the remainder of the term of the agreement.
(1985 Code, Art. 8, § 4-109) (Bill No. 33-04)