State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 067c00 > 408

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</p> <p>Page 1 of 2<br /> 67C.408 Election of exclusive representative.<br /> (1) Whenever, in accordance with administrative regulations that may be promulgated<br /> by the cabinet, a petition has been filed: <br />(a) By a police officer or group of police officers or any labor organization acting<br /> in behalf of thirty percent (30%) of the employees who have signed labor <br />organization affiliation cards and the labor organization showing proof of <br />representation: <br />1.<br /> Alleging that they wish to be represented for collective bargaining by a <br />labor organization as exclusive representative; or<br /> 2.<br /> Asserting that the labor organization which has been certified or is <br />currently being recognized by the consolidated local government as <br />bargaining representative is no longer the representative of the majority <br />of employees in the unit; or<br /> (b) By a consolidated local government alleging that one (1) or more labor<br /> organizations has presented to it a claim to be recognized as the representative <br />of the majority of police officers in an appropriate unit; </p> <p>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 desire to be represented and shall certify the result <br />thereof to the legislative council of the consolidated local government.<br /> (2) The cabinet shall decide in each case, in order to assure police officers the fullest<br /> freedom in exercising the rights guaranteed by this section, the unit appropriate for <br />the purposes of collective bargaining, based on such factors as community of <br />interest, wages, hours, and other working conditions of the police officers involved; <br />the history of collective bargaining; and the desires of the police officers.<br /> (3) An election shall not be directed in any bargaining unit or in any subdivision thereof<br /> 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 />the ballot providing for the selection between the two (2) choices receiving the <br />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 in the <br />unit.<br /> (4) Nothing in this or any other law shall be construed to prohibit recognition of a labor<br /> organization as the exclusive representative by a consolidated local government by <br />mutual consent.<br /> (5) No election shall be directed by the cabinet in any bargaining unit where there is in<br /> force and effect a valid collective bargaining agreement; provided, however, that no <br />collective bargaining agreement shall bar an election upon the petition of persons </p> <p>Page 2 of 2<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.<br /> Effective: July 15, 2010 <br />History: Amended 2010 Ky. Acts ch. 24, sec. 66, effective July 15, 2010. &#8212; Created<br /> 2004 Ky. Acts ch. 101, sec. 5, effective July 13, 2004.<br /> Legislative Research Commission Note (7/13/2004). Under the authority of KRS<br /> 7.136(1)(h), during codification a manifest clerical or typographical error occurring <br />in Ky. Acts ch. 101, sec. 5(5), has been corrected. The second clause of Ky. Acts <br />ch. 101, sec. 5(5), reads, &quot;provided, however, that collective bargaining agreement <br />shall bar an election upon the petition of persons not parties thereto where more than <br />four (4) years have elapsed&#8230;.&quot; It is clear from the context and legislative history of <br />the Act that the word &quot;no&quot; was erroneously omitted before the word &quot;collective&quot; in <br />the provision, and the omitted word has been restored during codification. </p> <p>