Section 5-E608. SELECTION OF A REPRESENTATIVE LABOR ORGANIZATION

 

608.1Whenever a choice available to employees in an appropriate bargaining unit is between two (2) or more labor organizations, as determined by the Superintendent of Schools pursuant to the provisions of § 607, the selection of the representative labor organization or the rejection of all of the choices shall be made by election, pursuant to the provisions of § 609.

 

608.2Whenever the choice available to employees in an appropriate bargaining unit is limited to the acceptance or rejection of a single labor organization, the Board of Labor Relations may determine that the organization has been accepted if either of the following requirements have been met:

 

(a)A majority of the employees in the unit have accepted the labor organization, as evidenced by the submission of dues deduction cards which have been properly executed by a majority of the employees in the unit, and which are currently effective; or

 

(b)A majority of the employees in the unit have accepted the labor organization, as evidenced by the submission of designation cards which have been properly executed by a majority of the employees in the unit within six (6) months immediately prior to the date of submission of the petition for recognition, pursuant to § 602.

 

608.3Whenever a labor organization which is the single choice available to employees of an appropriate bargaining unit is unable to provide evidence of selection in accordance with § 608.2, the determination of whether the labor organization is accepted or rejected by the employees in the unit shall be made by election, pursuant to the provisions of §609.

 

608.4Whenever a valid petition for decertification is received, pursuant to the provisions of § 603, the determination of whether the labor organization shall be decertified shall be conducted in the same manner and in accordance with the same procedures as an election for certification, pursuant to the provisions of § 609.

 

608.5Whenever a labor organization is certified as the representative of an appropriate bargaining unit, pursuant to the provisions of this chapter, the recognition shall be exclusive for a minimum period of one (1) year from the date of certification, and until another election is held which results in decertification of the labor organization, selection of another labor organization to represent the unit, or in an election by the unit for “no union.”

 

608.6No election shall be held in any bargaining unit in which a valid election, including a run-off election or additional election, as provided in § 609, has been held during the preceding twelve (12) months.

 

source

Final Rulemaking published at 24 DCR 6446, 6459 (February 3, 1978).