§89-7  Elections.  (a)  Whenever, in
accordance with regulations as may be prescribed by the board pursuant to
chapter 91, a petition is filed by an employee organization to determine
whether or by which organization employees desire to be represented for the
purpose of collective bargaining, the board shall conduct an investigation and
may conduct an election where appropriate as specified herein.  A petition to
decertify or to change the exclusive bargaining representative must be
supported 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 two
months of the date of the petition to be valid with the board.  In its
investigation of the showing of interest, the board shall afford all interested
parties a contested case hearing.



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



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



(d)  The board shall adopt rules and
regulations consistent with this section governing the conduct of elections to
determine representation, including the time, place, manner of notification,
and reporting the results of elections, and the manner for filing any petition
for an election and decertification election or any petition concerning the
results of an election.  No mail ballots shall be permitted by the board except
when for reasonable cause a specific individual would otherwise be unable to
cast a ballot.  No names, addresses or information regarding the work location
of employees eligible to vote shall be provided to employee organizations
involved in an election.  The board shall have the final determination on any
controversy 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 determining
total number of votes cast.  Att. Gen. Op. 71-8.