23-1389

23-1389. Representatives and elections

A. Representatives selected by a secret ballot for the purposes of collective
bargaining by the majority of the agricultural employees in a unit appropriate for such
purposes are the exclusive representatives of all of the agricultural employees in such
unit for the purpose of collective bargaining in respect to rates of pay, wages, hours of
employment or other conditions of employment. If ratification of any such contract is
required, the right to vote in such ratification is limited to the employees in the
bargaining unit. Any individual agricultural employee or a group of agricultural
employees at any time may present grievances to their agricultural employer and have such
grievances adjusted, without the intervention of the bargaining representative, if the
adjustment is not inconsistent with the terms of a collective bargaining contract or
agreement then in effect. The bargaining representative may be present at such
adjustment.

B. The board shall decide in each case whether in order to ensure to employees the
fullest freedom in exercising their rights the unit appropriate for the purposes of
collective bargaining shall consist of either all temporary agricultural employees or all
permanent agricultural employees of an agricultural employer working at the farm where
such employer grows or produces agricultural products, or both. In making unit
determinations the extent of a union's extent of organization shall not be
controlling. Principal factors should be the community of interest between employees,
the same hours, duties and compensation, the administrative structure of the employer and
the control of labor relations policies.

C. The board shall investigate any petition and, if it has reasonable cause to
believe that a question of representation exists, shall provide for an appropriate
hearing on due notice, if such petition has been filed in good faith in accordance with
the rules that may be prescribed by the board:

1. By an agricultural employee or group of agricultural employees or any individual
or labor organization acting in its behalf alleging that thirty per cent or more of the
number of agricultural employees in the unit in question either wish to be represented
for collective bargaining and that their employer declines to recognize their
representative or assert that the individual or labor organization that has been
certified or that is being currently recognized by their employer as the bargaining
representative is no longer a representative.

2. By an agricultural employer, alleging that one or more individuals or labor
organizations have presented to him a claim to be recognized as the representative or
that an individual or labor organization that has previously been certified as the
bargaining representative is no longer a representative.

D. If the board finds on the record of such hearing that a question of
representation exists, it shall direct an election by secret ballot and shall certify the
results. If a second labor organization files a petition for an election alleging that
thirty per cent or more of the employees in the unit in question desire to be represented
by that labor organization, the board shall require that the names of both labor
organizations appear on the ballot. In any election the voters shall be afforded the
choice of "no union". If in a representational election more than one union is on the
ballot, and none of the choices receives a majority vote, a second election shall be
held. The second election shall be between the union receiving the highest number of
votes and "no union". In any election a labor organization shall obtain a majority of
all votes cast in that election in order to be certified as the bargaining representative
of all of the employees in that unit.

E. In determining whether or not a question of representation exists, the same
rules of decision apply irrespective of the identity of the persons filing the petition
or the kind of relief sought. In no case may the board deny a labor organization a place
on the ballot by reason of an order with respect to such labor organization or its
predecessor not issued in conformity with section 23-1390.

F. Within five days of receipt of such a petition, the agricultural employer may
file a challenge to such petition on the ground that the authorization for the filing of
such petition is not current or that such authorization has been obtained by fraud,
misrepresentation or coercion. The petition shall not act to stay the election
proceeding, but if it is thereafter determined that the authorizations are not current or
are obtained by fraud, misrepresentation or coercion the petition will be dismissed.

G. No election may be directed or conducted in any bargaining unit or any
subdivision of a bargaining unit within which, in the preceding twelve month period, a
valid election has been held. Employees who are engaged in an economic strike and who
are not entitled to reinstatement are eligible to vote under such rules as the board
finds are consistent with the purposes and provisions of this article in any election
conducted within three months after the commencement of the strike. Any agricultural
employee who is found to have sought or accepted employment only for the purpose of
affecting the outcome of an election is not eligible to vote in an election conducted
pursuant to this article for a period of twelve months from the date of that election.

H. Nothing in this section shall be construed to prohibit the waiving of hearings
by stipulation for the purpose of a consent election in conformity with rules or
decisions of the board.

I. Within ten days after an election is directed by the board or a consent election
agreement is approved by the board and on request of the board, the agricultural employer
shall furnish to the board a list of agricultural employees in the bargaining unit who
are qualified to vote, and this list shall be made available to the organizations or
other interested employees involved in the election.

J. On the filing with the board, by thirty per cent or more of the agricultural
employees in a bargaining unit covered by a certification or by an agreement between
their employer and a labor organization made pursuant to section 23-1385, of a petition
alleging the desire that such representation authority be rescinded, the board shall
conduct an election by secret ballot of the employees in such unit and shall certify the
results to the labor organization and the employer.