Section .0100 ‑ Technical Services: Representation Elections: Card‑Checks/certifications

Link to law: http://reports.oah.state.nc.us/ncac/title 13 - labor/chapter 04 - conciliation and arbitration division/subchapter d/13 ncac 04d .0101.html
Published: 2015

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SUBCHAPTER 4D ‑ TECHNICAL AND EDUCATIONAL SERVICES

 

SECTION .0100 ‑ TECHNICAL SERVICES: REPRESENTATION

ELECTIONS: CARD‑CHECKS/CERTIFICATIONS

 

13 NCAC 04D .0101          REPRESENTATION ELECTIONS

(a)  Upon mutual consent and joint request of the parties, a

representation election will be conducted, by the division, to determine

whether or not a union possesses majority status in a defined bargaining unit. 

The appropriate unit, names on the ballots, payroll period for voter

eligibility, and the date, hours, and location of election will be defined and

agreed upon by the parties prior to the election.  Election will be conducted

by a secret ballot procedure to protect employee free‑choice expression.

(b)  The forms used in this procedure are those of the department.

The following stipulations are shown on these forms:

(1)           appropriate bargaining unit,

(2)           method of determination of union majority

status,

(3)           employer responsibility in the event that

it is ascertained that union possesses majority status,

(4)           union responsibility in the event that it

is ascertained that the union does not possess majority status,

(5)           employer and union agreement to use

representation election to determine whether or not union possesses majority

status.

(c)  The tally of ballots form shows the following:

(1)           number of eligible voters,

(2)           votes cast for union,

(3)           votes cast against union,

(4)           void ballots,

(5)           valid votes counted,

(6)           certification (either for or against union

majority status).

 

History Note:        Authority G.S. 95‑36; 29 U.S.C.

sec. 159;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977.