§89-8  Recognition and representation;employee participation.  (a)  The employee organization which has beencertified by the board as representing the majority of employees in anappropriate bargaining unit shall be the exclusive representative of all employeesin the unit.  As exclusive representative, it shall have the right to act forand negotiate agreements covering all employees in the unit and shall beresponsible for representing the interests of all such employees withoutdiscrimination and without regard to employee organization membership.  Anyother provision herein to the contrary notwithstanding, whenever two or moreemployee organizations which have been duly certified by the board as theexclusive representatives of employees in bargaining units merge, combine, oramalgamate or enter into an agreement for common administration or operation oftheir affairs, all rights and duties of such employee organizations asexclusive representatives of employees in such units shall inure to and shall bedischarged 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 boardof such resulting employee organization shall not be required.

(b)  An individual employee may present agrievance at any time to the employee's employer and have the grievance heardwithout intervention of an employee organization; provided that the exclusiverepresentative is afforded the opportunity to be present at such conferencesand that any adjustment made shall not be inconsistent with the terms of anagreement then in effect between the employer and the exclusive representative.

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

 

Case Notes

 

  Where employee presented grievance to employer, was heardwith respect thereto, and was notified that the remedy employee sought as anindividual was denied, employer did not violate subsection (b) and the boardwas correct in determining that, on the relevant undisputed facts, the employerwas 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.