The Department shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, in a secret ballot election, by a majority of the employees in a unit who cast valid ballots in the election.
If a petition is filed with the Board—
(1) by any person alleging—
(A) in the case of a unit for which there is no exclusive representative, that 30 percent of the employees in the unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or
(B) in the case of a unit for which there is an exclusive representative, that 30 percent of the employees in the unit alleged that the exclusive representative is no longer the representative of the majority of the employees in the unit; or
(2) by any person seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation;
the Board shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the Board finds on the record of the hearing that a question of representation exists, the Board shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this subsection shall not be conducted in any unit within which a valid election under this subsection has been held during the preceding 12 calendar months or with respect to which a labor organization has been certified as the exclusive representative during the preceding 24 calendar months.
A labor organization which—
(1) has been designated by at least 10 percent of the employees in the unit; or
(2) is the exclusive representative of the employees involved;
may intervene with respect to a petition filed pursuant to subsection (b) of this section and shall be placed on the ballot of any election under subsection (b) of this section with respect to the petition.
(1) The Board shall determine who is eligible to vote in any election under this section and shall establish regulations governing any such election, which shall include regulations allowing employees eligible to vote the opportunity to choose—
(A) from labor organizations on the ballot, that labor organization which the employees wish to have represent them; or
(B) not to be represented by a labor organization.
(2) In any election in which more than two choices are on the ballot, the regulations of the Board shall provide for preferential voting. If no choice receives a majority of first preferences, the Board shall distribute to the two choices having the most first preferences the preferences as between those two of the other valid ballots cast. The choice receiving a majority of preferences shall be declared the winner. A labor organization which is declared the winner of the election shall be certified by the Board as the exclusive representative.
A labor organization seeking exclusive recognition shall submit to the Board and to the Department a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives.
Exclusive recognition shall not be accorded to a labor organization—
(1) if the Board determines that the labor organization is subject to corrupt influence or influences opposed to democratic principles; or
(2) in the case of a petition filed under subsection (b)(1)(A) of this section, if there is not credible evidence that at least 30 percent of the employees wish to be represented for the purpose of collective bargaining by the labor organization seeking exclusive recognition.
Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules or decisions of the Board.
(Pub. L. 96–465, title I, §1011, Oct. 17, 1980, 94 Stat. 2134.)
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Last modified: October 26, 2015