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67C.408 Election of exclusive representative.

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Download pdfLoading PDF... var pdf_url = 'http://law.justia.com/codes/kentucky/2009/067C00/pdf/408.pdf'; $(document).ready(function() { var embedwindow = $("#embed_document"); if ($.browser.msie){ embedwindow.html(''); } else { embedwindow.html(''); } }); Page 1 of 2 67C.408 Election of exclusive representative. (1)Whenever, in accordance with administrative regulations that may be promulgated by the cabinet, a petition has been filed: (a)By a police officer or group of police officers or any labor organization acting inbehalfofthirtypercent(30%)oftheemployeeswhohavesignedlabor organizationaffiliationcardsandthelabororganizationshowingproofof representation: 1. Alleging that they wish to be represented for collective bargaining by a labor organization as exclusive representative; or 2. Assertingthatthelabororganizationwhichhasbeencertifiedoris currentlybeingrecognizedbytheconsolidatedlocalgovernmentas bargaining representative is no longer the representative of the majority of employees in the unit; or (b)Byaconsolidatedlocalgovernmentallegingthatone(1)ormorelabor organizations has presented to it a claim to be recognized as the representative of the majority of police officers in an appropriate unit; The cabinet shall investigate the petition, and if it has reasonable cause to believe thataquestionofrepresentationexists,shallprovideforanappropriatehearing uponduenotice.Ifthecabinetfindsthatthereisaquestionofrepresentation,it shalldirectanelectionbysecretballottodeterminewhetherorbywhichlabor organization the police officers desire to be represented and shall certify the result thereof to the legislative council of the consolidated local government. (2)The cabinet shall decide in each case, in order to assure police officers the fullest freedom in exercising the rights guaranteed by this section, the unit appropriate for thepurposesofcollectivebargaining,basedonsuchfactorsascommunityof interest, wages, hours, and other working conditions of the police officers involved; the history of collective bargaining; and the desires of the police officers. (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 held.Thecabinetshall determine who iseligible tovote inthe election and shall promulgate administrative regulations governing the election. In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted, theballotprovidingfortheselectionbetweenthetwo(2)choicesreceivingthe largestandthesecondlargestnumberofvalidvotescastintheelection.Alabor organizationwhichreceivesthemajorityofthevotescastinanelectionshallbe certified by the cabinet as exclusive representative of all the police officers in the unit. (4)Nothing in this or any other law shall be construed to prohibit recognition of a labor organization as the exclusive representative by a consolidated local government by 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, that no collectivebargainingagreementshallbaranelectionupon the petition of persons Page 2 of 2 not parties thereto where more than four (4) years have elapsed since the execution of the agreement or the last timely renewal, whichever was later. Effective:July 15, 2010 History:Amended2010Ky.Actsch. 24,sec. 66,effectiveJuly15,2010.--Created 2004 Ky. Acts ch. 101, sec. 5, effective July 13, 2004. LegislativeResearchCommissionNote(7/13/2004).UndertheauthorityofKRS 7.136(1)(h), during codification a manifest clerical or typographical error occurring inKy.Actsch. 101,sec. 5(5),hasbeencorrected.ThesecondclauseofKy.Acts ch. 101,sec. 5(5),reads,"provided,however,thatcollectivebargainingagreement shall bar an election upon the petition of persons not parties thereto where more than four (4) years have elapsed...." It is clear from the context and legislative history of the Act that the word "no" was erroneously omitted before the word "collective" in the provision, and the omitted word has been restored during codification.
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    Page 1 of 2 67C.408 Election of exclusive representative. (1) Whenever, in accordance with administrative regulations that may be promulgated by the cabinet, a petition has been filed:
    (a) By a police officer or group of police officers or any labor organization acting in behalf of thirty percent (30%) of the employees who have signed labor
    organization affiliation cards and the labor organization showing proof of
    representation:
    1. Alleging that they wish to be represented for collective bargaining by a
    labor organization as exclusive representative; or 2. Asserting that the labor organization which has been certified or is
    currently being recognized by the consolidated local government as
    bargaining representative is no longer the representative of the majority
    of employees in the unit; or (b) By a consolidated local government alleging that one (1) or more labor organizations has presented to it a claim to be recognized as the representative
    of the majority of police officers in an appropriate unit; The cabinet shall investigate the petition, and if it has reasonable cause to believe
    that a question of representation exists, shall provide for an appropriate hearing
    upon due notice. If the cabinet finds that there is a question of representation, it
    shall direct an election by secret ballot to determine whether or by which labor
    organization the police officers desire to be represented and shall certify the result
    thereof to the legislative council of the consolidated local government. (2) The cabinet shall decide in each case, in order to assure police officers the fullest freedom in exercising the rights guaranteed by this section, the unit appropriate for
    the purposes of collective bargaining, based on such factors as community of
    interest, wages, hours, and other working conditions of the police officers involved;
    the history of collective bargaining; and the desires of the police officers. (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
    held. The cabinet shall determine who is eligible to vote in the election and shall
    promulgate administrative regulations governing the election. In any election where
    none of the choices on the ballot receives a majority, a runoff shall be conducted,
    the ballot providing for the selection between the two (2) choices receiving the
    largest and the second largest number of valid votes cast in the election. A labor
    organization which receives the majority of the votes cast in an election shall be
    certified by the cabinet as exclusive representative of all the police officers in the
    unit. (4) Nothing in this or any other law shall be construed to prohibit recognition of a labor organization as the exclusive representative by a consolidated local government by
    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, that no
    collective bargaining agreement shall bar an election upon the petition of persons Page 2 of 2 not parties thereto where more than four (4) years have elapsed since the execution
    of the agreement or the last timely renewal, whichever was later. Effective: July 15, 2010
    History: Amended 2010 Ky. Acts ch. 24, sec. 66, effective July 15, 2010. -- Created 2004 Ky. Acts ch. 101, sec. 5, effective July 13, 2004. Legislative Research Commission Note (7/13/2004). Under the authority of KRS 7.136(1)(h), during codification a manifest clerical or typographical error occurring
    in Ky. Acts ch. 101, sec. 5(5), has been corrected. The second clause of Ky. Acts
    ch. 101, sec. 5(5), reads, "provided, however, that collective bargaining agreement
    shall bar an election upon the petition of persons not parties thereto where more than
    four (4) years have elapsed...." It is clear from the context and legislative history of
    the Act that the word "no" was erroneously omitted before the word "collective" in
    the provision, and the omitted word has been restored during codification.

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