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number of votes. When an organization receives the majority | | of votes of those voting, the executive director shall | | certify it as the bargaining agent. The bargaining agent | certified as representing a bargaining unit shall must be | recognized by the university, academy or technical | | community colleges as the sole and exclusive bargaining | | agent for all of the employees in the bargaining unit | | unless and until a decertification election by secret | ballot shall be is held and the bargaining agent declared | | by the executive director as not representing a majority of | | the unit. |
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| | | C. Whenever 30% of the employees in a bargaining unit | | petition for a bargaining agent to be decertified, the | | procedures for conducting an election on the question | shall be are the same as for representation as bargaining | | agent hereinbefore set forth. |
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| | | D. No question concerning representation may be raised | | within one year of a certification or attempted | | certification. Where there is a valid collective | | bargaining agreement in effect, no question concerning | | unit or representation may be raised except during the | | period not more than 90 nor less than 60 days prior to the | | expiration date of the agreement. |
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| | | E. The bargaining agent certified by the executive | | director or a designee as the exclusive bargaining agent | | for a unit is required to represent all the university, | academy or technical community college employees within | | the unit without regard to membership in the organization | | certified as bargaining agent, except that any university, | academy or technical community college employee may | | present at any time that employee's grievance to the | | employer and have that grievance adjusted without the | | intervention of the bargaining agent, if the adjustment is | | not inconsistent with the terms of any collective | | bargaining agreement then in effect and the bargaining | | agent's representative has been given reasonable | | opportunity to be present at any meeting of the parties | | called for the resolution of that grievance. |
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| | | Sec. 99. 26 MRSA §1026, sub-§1, as amended by PL 1993, c. 84, §1, is | | further amended to read: |
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| | | 1. Negotiations. It is the obligation of the university, | academy, technical community college or state schools for | | practical nursing and the bargaining agent to bargain | | collectively. "Collective bargaining" means, for the purpose | | of this chapter, their mutual obligation: |
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| | | A. To meet at reasonable times; |
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