Union Recertification Act

Summary

This policy ensures that no collective bargaining representative or exclusive representative shall represent public employees in a unit without the concurrence of a majority of all the public employees in the unit. A commission will recertify a representative in a secret ballot election within three years of this act being passed and every even year thereafter.

Union Recertification Act

Union Recertification Act

Summary

This policy ensures that no collective bargaining representative or exclusive representative shall represent public employees in a unit without the concurrence of a majority of all the public employees in the unit. A commission will recertify a representative in a secret ballot election within three years of this act being passed and every even year thereafter.

No existing [collective bargaining representative / exclusive representative] as defined in [labor statute] shall continue to represent [public employees] in a unit without the concurrence of a majority of all [public employees] in the unit.

1. The [board/ commission] shall direct a secret ballot election to certify the existing [collective bargaining representative / exclusive representative] retains support of a majority of all [public employees] in the unit.

a. The [board/ commission] shall promulgate rules to preserve the purity of elections and to preserve the secrecy of the ballot.

i. The [board/ commission] shall determine whether elections shall be conducted in-person, by mail, by telephone, by internet-based systems, or by any other means determined by the [board/ commission] to be fair, confidential, and reliable. The board shall allow represented [public employees] to cast ballots for a period of [seven days/ time prescribed in labor statute.]
ii. The [board/ commission] may establish a fee schedule from [collective bargaining representative / exclusive representative] participating in elections conducted under this section for the purpose of funding of the elections.

b. Should the existing [collective bargaining representative / exclusive representative] receive affirmative votes from a majority of all [public employees] employed in the unit the pre-existing certification shall continue. If the existing [collective bargaining representative / exclusive representative] fails to receive affirmative votes from a majority of all [public employees] employed in the unit, the [board/ commission] shall decertify the [collective bargaining representative / exclusive representative] and the [public employees] shall be unrepresented.

c. In the event of a termination of certification, the terms of any pre-existing contract between the [collective bargaining representative / exclusive representative] and the [public employer] shall continue and remain in effect for the remaining contract term except for any provisions involving, in any manner, the [collective bargaining representative / exclusive representative] including but not limited to union security, dues and fees, and grievance and arbitration.

2. Following the decertification of a [collective bargaining representative / exclusive representative] [Public employees] may certify a new [collective bargaining representative / exclusive representative] in accordance with [labor statute] so long as the [public employees] are not included with a substantially similar or affiliated [labor organization or bargaining representative] to the decertified [labor organization or bargaining representative] for 12 months from the date of decertification.

3. The [board/ commission] shall start directing elections to certify majority support of existing [collective bargaining representative / exclusive representative] not less than two and not more than three years
after the effective date of this act and every even numbered year thereafter; elections shall occur no earlier than August 1st and no later than December 1st.