Section 5-E609. ELECTION PROCEDURES AND GENERAL PROVISIONS

 

609.1Where an election is required by the provisions of this chapter to determine the acceptance, rejection, or selection of a labor organization for recognition, or the decertification of existing recognition, the election shall be conducted pursuant to the procedures and requirements set forth in this section.

 

609.2Election shall be by secret ballot or mail ballot, subject to the agreement of the parties, and shall be held on a date set by agreement of the parties.

 

609.3Elections shall be conducted under the auspices and rules of the American Arbitration Association, or other agency mutually designated by the parties. Where the rules or procedures are inconsistent with specific provisions of the rules of the Board of Education, the Board rules shall take precedence and control.

 

609.4Notice of an impending election shall be given to all affected employees at least seven (7) days in advance of the date set for the election.

 

609.5The notice of an impending election shall specify the date of the election, the polling places, the hours during which the polls will be open, and the form and content of the ballot; and shall list the types of positions in the appropriate bargaining unit by class of position and title. Where mail ballots are used, appropriate information explaining use of the mail ballot and postmark deadlines shall be substituted for polling place information.

 

609.6Each ballot shall provide for the selection of “no union” by the voters in the same manner that other choices are listed on the ballot.

 

609.7A labor organization shall be entitled to be placed on the election ballot upon compliance with the provisions of § 607.

 

609.8All costs of conducting an election shall be borne in equal shares by the Board and the labor organization(s) that appear on the ballot.

 

609.9When more than one labor organization appears on the ballot, and none of the choices (including “no union”) receives a majority of the valid votes cast in the election, a run-off election shall be held. The run-off election ballot shall contain the two (2) choices that received the highest and second highest number of votes in the initial election.

 

609.10When a labor organization receives a majority of the valid votes cast in an election or run-off election, the Board of Labor Relations shall certify that labor organization as the official collective bargaining representative for the bargaining unit involved.

 

609.11For an election or run-off election to be valid, not less than fifty-one percent (51%) of the employees eligible to vote in that election must cast ballots.

 

609.12An election shall be declared inconclusive if none of the choices on the ballot receives a majority of the votes cast, if no challenges are filed which would affect the election results, and if any one of the following situations applies:

 

(a)The votes are equally divided among the three (3) or more choices on the ballot;

 

(b)The choice receiving the highest number of votes does not receive a majority and the second-highest number of votes is received equally by one or more of the other choices; or

 

(c)The votes are equally divided between the two (2) choices in a run-off election.

 

609.13Whenever an election is declared inconclusive pursuant to § 609.12, the Board of Labor Relations shall declare the election or run-off election void and shall provide for one (1) additional election or run-off election as follows:

 

(a)In the case of an inconclusive run-off election, an election between the same two (2) choices;

 

(b)In the case of an inconclusive election with three (3) choices, an election among the same three (3) choices; or

 

(c)In the case of an inconclusive election with more than three (3) choices, an election among the three (3) choices that received the highest number of votes in the inconclusive election.

 

source

Final Rulemaking published at 24 DCR 6446, 6461 (February 3, 1978).