§967. Determination of bargaining agent








1. Voluntary recognition. 
Any public employee organization may file a request with a public employer alleging
that a majority of the public employees in an appropriate bargaining unit wish to
be represented for the purpose of collective bargaining between the public employer
and the employees' organization. Such request shall describe the grouping of jobs
or positions which constitute the unit claimed to be appropriate and shall include
a demonstration of majority support. Such request for recognition shall be granted
by the public employer, unless the public employer desires that an election determine
whether the organization represents a majority of the members in the bargaining unit.


[
1969, c. 424, §1 (NEW)
.]








2. Elections. 
The executive director of the board, or a designee, upon signed request of a public
employer alleging that one or more public employees or public employee organizations
have presented to it a claim to be recognized as the representative of a bargaining
unit of public employees, or upon signed petition of at least 30% of a bargaining
unit of public employees that they desire to be represented by an organization, shall
conduct a secret ballot election to determine whether the organization represents
a majority of the members in the bargaining unit. Such an election may be conducted
at suitable work locations or through the United States mail, and the procedures adopted
and employed must ensure that neither the employee organizations or the management
representatives involved in the election have access to information that would identify
a voter.


The ballot shall contain the name of such organization and that of any other organization
showing written proof of at least 10% representation of the public employees within
the unit, together with a choice for any public employee to designate that he does
not desire to be represented by any bargaining agent. Where more than one organization
is on the ballot and no one of the 3 or more choices receives a majority vote of the
public employees voting, a run-off election shall be held. The run-off ballot shall
contain the 2 choices which received the largest and second-largest number of votes.
When an organization receives the majority of votes of those voting, the executive
director of the board shall certify it as the bargaining agent. The bargaining agent
certified as representing a bargaining unit shall be recognized by the public employer
as the sole and exclusive bargaining agent for all of the employees in the bargaining
unit unless and until a decertification election by secret ballot shall be held and
the bargaining agent declared by the executive director of the board as not representing
a majority of the unit.


Whenever 30% of the employees in a certified bargaining unit petition for a bargaining
agent to be decertified, the procedures for conducting an election on the question
shall be the same as for representation as bargaining agent hereinbefore set forth.


[
1991, c. 622, Pt. O, §7 (AMD)
.]






No question concerning representation may be raised within one year of a certification
or attempted certification. Where there is a valid collective bargaining agreement
in effect, no question concerning unit or representation may be raised except during
the period not more than 90 nor less than 60 days prior to the expiration date of
the agreement. The not more than 90-day nor less than 60-day period prior to the expiration
date of an agreement regarding unit determination and representation shall not apply
to matters of unit clarification. [1979, c. 199, (AMD).]






The bargaining agent certified by the executive director of the board as the exclusive
bargaining agent shall be required to represent all the public employees within the
unit without regard to membership in the organization certified as bargaining agent,
provided that any public employee at any time may present his grievance to the public
employer and have such grievance adjusted without the intervention of the bargaining
agent, if the adjustment is not inconsistent with the terms of a collective bargaining
agreement then in effect and if the bargaining agent's representative has been given
reasonable opportunity to be present at any meeting of the parties called for the
resolution of such grievance. [1971, c. 609, §7 (AMD).]





SECTION HISTORY

1969, c. 424, §1 (NEW).
1969, c. 578, §§4,5 (AMD).
1971, c. 609, §§5-8 (AMD).
1975, c. 564, §21 (AMD).
1979, c. 199, (AMD).
1991, c. 622, §O7 (AMD).