Page 1 of 2
67A.6905 Election of exclusive representative.
(1) Whenever, in accordance with administrative regulations that may be promulgated
by the cabinet, a petition has been filed: <br>(a) By a police officer, group of police officers, firefighter personnel, a firefighter,
group of firefighters, a corrections officer, group of corrections personnel, or <br>any labor organization acting on behalf of thirty percent (30%) of the <br>employees who have signed labor organization affiliation cards and the labor <br>organization showing proof of representation: <br>1.
Alleging that they wish to be represented for collective bargaining by a <br>labor organization as exclusive representative; or
2.
Asserting that the labor organization which has been certified or is <br>currently being recognized by the urban-county government as <br>bargaining representative is no longer the representative of the majority <br>of employees in the unit; or
(b) By an urban-county government alleging that one (1) or more labor
organizations has presented to it a claim to be recognized as the representative <br>of the majority of police officers, firefighter personnel, firefighters, or <br>corrections personnel in an appropriate unit;
the cabinet shall investigate the petition, and if it has reasonable cause to believe <br>that a question of representation exists, shall provide for an appropriate hearing <br>upon due notice. If the cabinet finds that there is a question of representation, it <br>shall direct an election by secret ballot to determine whether or by which labor <br>organization the police officers, firefighter personnel, firefighters, or corrections <br>personnel desire to be represented, and shall certify the result thereof to the <br>legislative council of the urban-county government.
(2) The cabinet shall decide in each case, in order to assure police officers, firefighter
personnel, firefighters, and corrections personnel the fullest freedom in exercising <br>the rights guaranteed by this section, the unit appropriate for the purposes of <br>collective bargaining, based on such factors as community of interest, wages, hours, <br>and other working conditions of the police officers, firefighter personnel, <br>firefighters, or corrections personnel involved; the history of collective bargaining; <br>and the desires of the police officers, firefighter personnel, firefighters, or <br>corrections personnel.
(3) An election shall not be directed in any bargaining unit or in any subdivision thereof
within which in the preceding twelve (12) month period a valid election has been <br>held. The cabinet shall determine who is eligible to vote in the election and shall <br>promulgate administrative regulations governing the election. In any election where <br>none of the choices on the ballot receives a majority, a runoff shall be conducted <br>and the ballot shall provide for the selection between the two (2) choices receiving <br>the largest and the second largest number of valid votes cast in the election. A labor <br>organization which receives the majority of the votes cast in an election shall be <br>certified by the cabinet as exclusive representative of all the police officers, <br>firefighter personnel, firefighters, or corrections personnel in the unit.
Page 2 of 2
(4) Nothing in this or any other law shall be construed to prohibit recognition of a labor
organization as the exclusive representative by an urban-county government by <br>mutual consent.
(5) No election shall be directed by the cabinet in any bargaining unit where there is in
force and effect a valid collective bargaining agreement; provided, however, no <br>collective bargaining agreement shall bar an election upon the petition of persons <br>not parties thereto where more than four (4) years have elapsed since the execution <br>of the agreement or the last timely renewal, whichever was later.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 61, effective July 15, 2010. -- Amended
2006 Ky. Acts ch. 177, sec. 5, effective July 12, 2006. -- Created 2004 Ky. Acts <br>ch. 100, sec. 5, effective July 13, 2004.
Page 1 of 2
67A.6905 Election of exclusive representative.
(1) Whenever, in accordance with administrative regulations that may be promulgated
by the cabinet, a petition has been filed: <br>(a) By a police officer, group of police officers, firefighter personnel, a firefighter,
group of firefighters, a corrections officer, group of corrections personnel, or <br>any labor organization acting on behalf of thirty percent (30%) of the <br>employees who have signed labor organization affiliation cards and the labor <br>organization showing proof of representation: <br>1.
Alleging that they wish to be represented for collective bargaining by a <br>labor organization as exclusive representative; or
2.
Asserting that the labor organization which has been certified or is <br>currently being recognized by the urban-county government as <br>bargaining representative is no longer the representative of the majority <br>of employees in the unit; or
(b) By an urban-county government alleging that one (1) or more labor
organizations has presented to it a claim to be recognized as the representative <br>of the majority of police officers, firefighter personnel, firefighters, or <br>corrections personnel in an appropriate unit;
the cabinet shall investigate the petition, and if it has reasonable cause to believe <br>that a question of representation exists, shall provide for an appropriate hearing <br>upon due notice. If the cabinet finds that there is a question of representation, it <br>shall direct an election by secret ballot to determine whether or by which labor <br>organization the police officers, firefighter personnel, firefighters, or corrections <br>personnel desire to be represented, and shall certify the result thereof to the <br>legislative council of the urban-county government.
(2) The cabinet shall decide in each case, in order to assure police officers, firefighter
personnel, firefighters, and corrections personnel the fullest freedom in exercising <br>the rights guaranteed by this section, the unit appropriate for the purposes of <br>collective bargaining, based on such factors as community of interest, wages, hours, <br>and other working conditions of the police officers, firefighter personnel, <br>firefighters, or corrections personnel involved; the history of collective bargaining; <br>and the desires of the police officers, firefighter personnel, firefighters, or <br>corrections personnel.
(3) An election shall not be directed in any bargaining unit or in any subdivision thereof
within which in the preceding twelve (12) month period a valid election has been <br>held. The cabinet shall determine who is eligible to vote in the election and shall <br>promulgate administrative regulations governing the election. In any election where <br>none of the choices on the ballot receives a majority, a runoff shall be conducted <br>and the ballot shall provide for the selection between the two (2) choices receiving <br>the largest and the second largest number of valid votes cast in the election. A labor <br>organization which receives the majority of the votes cast in an election shall be <br>certified by the cabinet as exclusive representative of all the police officers, <br>firefighter personnel, firefighters, or corrections personnel in the unit.
Page 2 of 2
(4) Nothing in this or any other law shall be construed to prohibit recognition of a labor
organization as the exclusive representative by an urban-county government by <br>mutual consent.
(5) No election shall be directed by the cabinet in any bargaining unit where there is in
force and effect a valid collective bargaining agreement; provided, however, no <br>collective bargaining agreement shall bar an election upon the petition of persons <br>not parties thereto where more than four (4) years have elapsed since the execution <br>of the agreement or the last timely renewal, whichever was later.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 61, effective July 15, 2010. -- Amended
2006 Ky. Acts ch. 177, sec. 5, effective July 12, 2006. -- Created 2004 Ky. Acts <br>ch. 100, sec. 5, effective July 13, 2004.
Page 1 of 2
67A.6905 Election of exclusive representative.
(1) Whenever, in accordance with administrative regulations that may be promulgated
by the cabinet, a petition has been filed: <br>(a) By a police officer, group of police officers, firefighter personnel, a firefighter,
group of firefighters, a corrections officer, group of corrections personnel, or <br>any labor organization acting on behalf of thirty percent (30%) of the <br>employees who have signed labor organization affiliation cards and the labor <br>organization showing proof of representation: <br>1.
Alleging that they wish to be represented for collective bargaining by a <br>labor organization as exclusive representative; or
2.
Asserting that the labor organization which has been certified or is <br>currently being recognized by the urban-county government as <br>bargaining representative is no longer the representative of the majority <br>of employees in the unit; or
(b) By an urban-county government alleging that one (1) or more labor
organizations has presented to it a claim to be recognized as the representative <br>of the majority of police officers, firefighter personnel, firefighters, or <br>corrections personnel in an appropriate unit;
the cabinet shall investigate the petition, and if it has reasonable cause to believe <br>that a question of representation exists, shall provide for an appropriate hearing <br>upon due notice. If the cabinet finds that there is a question of representation, it <br>shall direct an election by secret ballot to determine whether or by which labor <br>organization the police officers, firefighter personnel, firefighters, or corrections <br>personnel desire to be represented, and shall certify the result thereof to the <br>legislative council of the urban-county government.
(2) The cabinet shall decide in each case, in order to assure police officers, firefighter
personnel, firefighters, and corrections personnel the fullest freedom in exercising <br>the rights guaranteed by this section, the unit appropriate for the purposes of <br>collective bargaining, based on such factors as community of interest, wages, hours, <br>and other working conditions of the police officers, firefighter personnel, <br>firefighters, or corrections personnel involved; the history of collective bargaining; <br>and the desires of the police officers, firefighter personnel, firefighters, or <br>corrections personnel.
(3) An election shall not be directed in any bargaining unit or in any subdivision thereof
within which in the preceding twelve (12) month period a valid election has been <br>held. The cabinet shall determine who is eligible to vote in the election and shall <br>promulgate administrative regulations governing the election. In any election where <br>none of the choices on the ballot receives a majority, a runoff shall be conducted <br>and the ballot shall provide for the selection between the two (2) choices receiving <br>the largest and the second largest number of valid votes cast in the election. A labor <br>organization which receives the majority of the votes cast in an election shall be <br>certified by the cabinet as exclusive representative of all the police officers, <br>firefighter personnel, firefighters, or corrections personnel in the unit.
Page 2 of 2
(4) Nothing in this or any other law shall be construed to prohibit recognition of a labor
organization as the exclusive representative by an urban-county government by <br>mutual consent.
(5) No election shall be directed by the cabinet in any bargaining unit where there is in
force and effect a valid collective bargaining agreement; provided, however, no <br>collective bargaining agreement shall bar an election upon the petition of persons <br>not parties thereto where more than four (4) years have elapsed since the execution <br>of the agreement or the last timely renewal, whichever was later.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 61, effective July 15, 2010. -- Amended
2006 Ky. Acts ch. 177, sec. 5, effective July 12, 2006. -- Created 2004 Ky. Acts <br>ch. 100, sec. 5, effective July 13, 2004.
