26 §1327. Determination of bargaining agent
Title 26: LABOR AND INDUSTRY
Chapter 16: AGRICULTURAL EMPLOYEES LABOR RELATIONS ACT HEADING: PL 1997, C. 472, §1 (NEW)
§1327. Determination of bargaining agent
1. Voluntary recognition. An agricultural employee organization may file a request with an agricultural employer alleging that a majority of the agricultural employees in an appropriate bargaining unit wish to be represented for the purpose of collective bargaining between the agricultural employer and the employees' organization. The request must describe the grouping of jobs or positions that constitute the unit considered appropriate and include a demonstration of majority support. The request for recognition must be granted by the agricultural employer, unless the agricultural employer requests an election to determine whether the organization represents a majority of the members in the bargaining unit.
[ 1997, c. 472, §1 (NEW) .]
2. Elections. The executive director, or a designee, upon signed request of an agricultural employer alleging that one or more agricultural employees or agricultural employee organizations have presented to the agricultural employer a claim to be recognized as the representative of a bargaining unit of agricultural employees or upon signed petition of at least 30% of a bargaining unit of agricultural 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.
A. The 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 nor the management representatives involved in the election have access to information that identifies a voter. [1997, c. 472, §1 (NEW).]
B. The ballot must contain the name of the organization and that of any other organization showing written proof of at least 10% representation of the agricultural employees within the unit, together with a choice for an agricultural employee to designate that the employee does not desire to be represented by a bargaining agent.
If more than one organization is on the ballot and none of the 3 or more choices receives a majority vote of the agricultural employees voting, a run-off election must be held. The run-off ballot must contain the 2 choices that received the largest and next largest number of votes. [1997, c. 472, §1 (NEW).]
[ 1997, c. 472, §1 (NEW) .]
3. Bargaining agent certified. When an organization receives the majority of votes of those voting, the executive director shall certify that organization as the bargaining agent. The agricultural employer shall recognize the bargaining agent certified as representing a bargaining unit 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 is held and the bargaining agent declared by the executive director as not representing a majority of the unit.
[ 1997, c. 472, §1 (NEW) .]
4. Decertification. When 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 are the same as for representation as a bargaining agent set forth in this section.
[ 1997, c. 472, §1 (NEW) .]
5. Questions concerning representation. A question concerning representation may not be raised within one year of a certification or attempted certification. When a valid collective bargaining agreement is in effect, a question concerning unit or representation may not be raised except during the period neither more than 90 days nor less than 60 days prior to either the expiration date of the agreement or its anniversary date if the agreement contains no expiration date. Matters of unit clarification may be raised at any time.
[ 1997, c. 472, §1 (NEW) .]
6. Representation of employees within unit regardless of membership. The bargaining agent certified by the executive director as the exclusive bargaining agent is required to represent all the agricultural employees within the unit without regard to membership in the organization certified as bargaining agent, and an agricultural employee at any time may present the employee's grievance to the agricultural employer and have such a 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 the grievance.
[ 1997, c. 472, §1 (NEW) .]
SECTION HISTORY
1997, c. 472, §1 (NEW).