§ 3.70.080. Certification of bargaining representative.

A.

Generally. The board shall determine the bargaining representative according to the procedures set out in this section. Upon such determination, the board shall certify the bargaining representative. As a condition of certification, the bargaining representative shall represent all employees within the unit to the extent required by law. No closed shop shall be allowed.

B.

Initiation of election. Bargaining representatives shall be determined by election by employees within the bargaining unit by secret written ballot or by consent of the parties and approval by the board. An election on representation may be initiated by presentation to the board of authorization cards containing the signatures of at least 30 percent of the employees within the bargaining unit requesting that the applicant be certified to represent the members of the bargaining unit. No petition shall be entertained by the board if there has been an election in the unit during the preceding 12 months. No election may be directed by the employee relations board in a bargaining unit in which there is in force and effect a valid collective bargaining agreement, except during a 180-day period preceding the expiration date. However, no collective bargaining agreement may bar an election upon petition of persons in the bargaining unit, if more than three years have elapsed since the execution of the agreement or the last timely renewal, whichever was later.

C.

Time for presentation of petition for election. A petition based on authorization cards must be presented to the board not more than 180 days or not less than 150 days before the expiration of the current agreement.

D.

Verification of petition for election. Upon timely receipt of authorization cards requesting a representation election, the board shall examine the cards and other evidence to ensure that the signatures contained thereon are genuine and that they represent signatures of members of the bargaining unit entitled to vote. Upon verification, the board shall post immediate notice that authorization cards have been received requesting a representation election and that other prospective bargaining representatives desiring their names be placed upon the ballot have an additional period of 15 days in which to present authorization cards reflecting the desires of ten percent of the employees within the bargaining unit that such prospective bargaining representative be certified as the bargaining representative. If the board finds the same signatures on more than one authorization card, it shall reject all cards on which the signature appears.

E.

Pre-election hearing. No election may be held without first conducting a pre-election hearing to determine the validity of all requests for certification, the time and procedures for the election, and the contents of the ballot. The pre-election hearing shall be conducted within one week after the expiration of time for submission of authorization cards for intervention of an additional party in the election. All parties which have petitioned for certification, as well as the employer, shall have the opportunity to appear and participate at pre-election hearings.

F.

Election ballot. The ballot shall contain the name of each proposed bargaining representative which has been presented to the board in accordance with this section, as well as the name of the currently certified bargaining representative. The ballot shall also contain a choice for any employee to designate that he does not desire to be represented by any bargaining representative.

G.

Notice of election. Upon conclusion of the pre-election hearing, the board shall notify all employees within the bargaining unit of an election to be held on the question of representation within the bargaining unit. Notice shall be given to each employee at least seven days prior to the election. Additionally, notice shall be posted on municipal bulletin boards in the areas in which employees of the bargaining unit work. The notification shall specify each of the choices contained on the ballot, that the ballot is to be a secret ballot, and the time, date and place of the election. Defects of notice shall not invalidate an election so long as there has been substantial compliance with the requirements of this subsection.

H.

Date of election. Representation elections shall be conducted so that employees have reasonable opportunities to vote during normal working hours. The election shall be held at least 120 days prior to the expiration of a current bargaining agreement affecting the bargaining unit.

I.

Supervision of elections. All representation elections shall be supervised by the board. An observer from each prospective bargaining representative appearing on the ballot and a representative of the employer may be present at each polling place. The board shall establish the time, date and place for the election.

J.

Result of elections. Certification shall require a majority of the valid ballots cast. Where more than one organization is on the ballot and none of the three or more choices receives a majority vote of the valid ballots cast, a runoff election shall be held. The runoff ballot shall contain the two choices which received the largest and second largest number of valid ballots cast. The runoff election shall be conducted within 14 days of the initial election. Notice and posting for the runoff election shall be the same as for the regular election. If the votes for three or more choices are equal, the runoff shall be between the prospective bargaining representatives.

K.

Consent recognition. The employer and a prospective bargaining representative may consent to recognition of the bargaining representative in the case of a bargaining unit which is not currently represented. In such case, the parties shall petition the board for certification. The petition shall include authorization cards having the signatures of more than 50 percent of the members of the proposed bargaining unit. The board shall determine whether the prospective bargaining representative represents a majority of the employees within the bargaining unit. If the board determines that the bargaining unit is appropriate and the bargaining representative represents a majority of the employees within the bargaining unit, the board shall certify the prospective bargaining representative as the certified bargaining representative for purposes of collective bargaining. If the board determines that the applicant does not represent a majority of the employees within the bargaining unit, an election shall be held in the manner provided in this chapter, if the election provisions of this chapter have been met.

(AO No. 69-75; AO No. 89-46(S-1); AO No. 2018-64(S-1) , § 3, 8-28-18)