§89-7  Elections.  (a)  Whenever, inaccordance with regulations as may be prescribed by the board pursuant tochapter 91, a petition is filed by an employee organization to determinewhether or by which organization employees desire to be represented for thepurpose of collective bargaining, the board shall conduct an investigation andmay conduct an election where appropriate as specified herein.  A petition todecertify or to change the exclusive bargaining representative must besupported by fifty per cent of employees in an appropriate bargaining unit,through verifiable written proof of the names and signatures of employees. Signatures of employees supporting such a petition must be obtained within twomonths of the date of the petition to be valid with the board.  In itsinvestigation of the showing of interest, the board shall afford all interestedparties a contested case hearing.

(b)  In any election where none of the choiceson the ballot receives a majority of the votes cast, a runoff election shall beconducted with the ballot providing for a selection between the two choicesreceiving the largest number of valid votes cast in the election.  The boardshall certify the election results and the employee organization receiving amajority of the votes cast shall be certified as the exclusive representativeof all employees in the appropriate bargaining unit for the purpose ofcollective bargaining.  The employee organization shall remain certified as theexclusive representative until it is replaced by another employee organization,decertified, or dissolved.

(c)  No election shall be directed by the boardin any appropriate bargaining unit within which (1) a valid election has beenheld in the preceding twelve months; or (2) a valid collective bargainingagreement is in force and effect.

(d)  The board shall adopt rules andregulations consistent with this section governing the conduct of elections todetermine representation, including the time, place, manner of notification,and reporting the results of elections, and the manner for filing any petitionfor an election and decertification election or any petition concerning theresults of an election.  No mail ballots shall be permitted by the board exceptwhen for reasonable cause a specific individual would otherwise be unable tocast a ballot.  No names, addresses or information regarding the work locationof employees eligible to vote shall be provided to employee organizationsinvolved in an election.  The board shall have the final determination on anycontroversy concerning the eligibility of an employee to vote. [L 1970, c 171,pt of §2; am L 1988, c 399, §3; am L 2000, c 253, §97]

 

Attorney General Opinions

 

  Illegal and blank ballots are not counted in determiningtotal number of votes cast.  Att. Gen. Op. 71-8.