§89-8  Recognition and representation;
employee participation.  (a)  The employee organization which has been
certified by the board as representing the majority of employees in an
appropriate bargaining unit shall be the exclusive representative of all employees
in the unit.  As exclusive representative, it shall have the right to act for
and negotiate agreements covering all employees in the unit and shall be
responsible for representing the interests of all such employees without
discrimination and without regard to employee organization membership.  Any
other provision herein to the contrary notwithstanding, whenever two or more
employee organizations which have been duly certified by the board as the
exclusive representatives of employees in bargaining units merge, combine, or
amalgamate or enter into an agreement for common administration or operation of
their affairs, all rights and duties of such employee organizations as
exclusive representatives of employees in such units shall inure to and shall be
discharged by the organization resulting from such merger, combination,
amalgamation, or agreement, either alone or with such employee organizations. 
Election by the employees in the unit involved, and certification by the board
of such resulting employee organization shall not be required.



(b)  An individual employee may present a
grievance at any time to the employee's employer and have the grievance heard
without intervention of an employee organization; provided that the exclusive
representative is afforded the opportunity to be present at such conferences
and that any adjustment made shall not be inconsistent with the terms of an
agreement then in effect between the employer and the exclusive representative.



(c)  Employee participation in the collective
bargaining process conducted by the exclusive representative of the appropriate
bargaining unit shall be permitted during regular working hours without loss of
regular salary or wages.  The number of participants from each bargaining unit
with over 2,500 members shall be limited to one member for each five hundred
members of the bargaining unit.  For bargaining units with less than 2,500
members, there shall be at least five participants, one of whom shall reside in
each county; provided that there need not be a participant residing in each
county for the bargaining unit established by section 89-6(a)(8).  The
bargaining unit shall select the participants from representative departments,
divisions or sections to minimize interference with the normal operations and
service of the departments, divisions or sections. [L 1970, c 171, pt of §2; am
L 1971, c 212, §2; am L 1977, c 191, §3; gen ch 1985]



 



Case Notes



 



  Where employee presented grievance to employer, was heard
with respect thereto, and was notified that the remedy employee sought as an
individual was denied, employer did not violate subsection (b) and the board
was correct in determining that, on the relevant undisputed facts, the employer
was entitled to summary judgment; thus, there was no §89-13(a)(7) or (8)
prohibited practice violation of the collective bargaining agreement.  97 H.
528, 40 P.3d 930.