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| 3. Public polling to be held. Every eligible voter within a | | racing segment must be afforded the opportunity to vote at a public | | polling place for the exclusive bargaining agent to represent horse | | owners, trainers and drivers within that racing segment. With | | respect to each commercial track, the public polling must be | conducted at the commercial track on one of the first 3 live race | dates assigned to the track within the calendar year during which | the election is conducted | | utilized in conducting the public polling must be established by | | the commission. The public polling with respect to the racing | | segment that consists of racing at all tracks other than commercial | | tracks must be conducted during May at a place to be determined by | the commission. Notice of the right to vote at such | | polling and of the date, time and place of the public polling must | | be included with the ballot mailed by the commission pursuant to | | subsection 2. |
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| | | 4. Results certified by commission. If one entity receives | | more than 50% of the total ballots cast under subsections 2 and 3 | | for election of an exclusive bargaining agent within a racing | segment, that bargaining agent shall | | commission as the exclusive bargaining agent within that segment. | | If no entity receives more than 50% of the ballots, a runoff | | election among the 2 entities receiving the most votes must be | | conducted as described in subsection 2. The entity receiving the | | most votes at that runoff election must be certified by the | | commission as the exclusive bargaining agent for that racing | | segment. Only candidates for exclusive bargaining agent eligible | | under subsection 2 have the right to appeal the certification of | | election results by the commission to the Superior Court.__Racing | | segments have no standing to appeal the certification of election | | results by the commission to the Superior Court. |
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| | | Sec. 12. 8 MRSA §285-A, sub-§7, as reallocated by PL 1997, c. 735, §6, | | is repealed. |
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| | | Sec. 13. 8 MRSA §285-B is enacted to read: |
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| | | 1.__Definition.__As used in this section "bargaining" means | | the mutual obligation of a racing segment and that racing | | segment's exclusive bargaining agent to meet at reasonable times | | to negotiate, in good faith, a written contract with respect to | | amounts of horse race purses, racing conditions, health and | | safety issues, insurance policies, racetrack payments made to | | horsepersons' trust accounts, racetrack payments to the exclusive | | bargaining agent, issues contained in prior contractual |
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