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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-B. GOVERNMENT PERSONNEL |
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Chapter 6-B5. RULES OF THE PUBLIC EMPLOYEE RELATIONS BOARD |
Section 6-B510. ELECTION PROCEDURES: GENERAL
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510.1Representation elections shall be conducted by the Board or by an impartial body selected by the mutual agreement of the parties and approved by the Board.
510.2All elections shall be by secret ballot.
510.3The Board or other impartial body conducting the election shall furnish an official Notice setting forth the details of the election to the employing agency and to the labor organization(s) that are parties to the proceeding. This Notice shall be posted not less than seven (7) days before the date of the election and shall remain posted until after the election. Copies of the Notice shall be distributed in a manner by which notices are normally distributed.
510.4In any election, each party to the election may be represented at each polling place by an equal, predesignated number of poll watchers of its choice, subject to limitations that are mutually agreed upon by the parties and approved by the Board, or are prescribed by the Board.
(a)Each party must submit the names(s) of its designated observer(s) to the Executive Director prior to the day of the election.
(b)The observers represent their principals, challenging voters and generally monitoring the election process.
510.5Where an election involves a bargaining unit containing professional and non-professional employees, all professional employees shall be given two ballots: one for indicating whether they desire a combined professional/nonprofessional unit and a second for indicating the choice of representative, if any.
510.6If the choice available to employees in an appropriate unit is limited to the selection or rejection of a single labor organization, the employing agency has submitted a written waiver of a hearing, and the Board cannot determine whether a majority of the proposed bargaining unit wish to be represented by the petitioning labor organization or the employing agency chooses not to voluntarily recognize the appropriate unit; an election pursuant to §§ 512 or 513 will be conducted.
510.7Parties are encouraged to enter into election agreements. If the parties are unable to agree on procedural matters, specifically, the eligibility period, method of election, dates, hours, or locations of the election, the Executive Director will decide election procedures and issue a Direction of Election, without prejudice to the rights of a party to file objections to the procedural conduct of the election.
510.8When there is no intervening labor organization, an election is not held if the petitioner provides the Executive Director with a written request to withdraw the petition. When there is an intervenor and the petitioner provides the Executive Director with a written request to withdraw the petition, an election is held if the intervening labor organization presents a thirty percent (30%) showing of interest within the time period established by the Executive Director.
510.9The parties may consent to an election prior to the holding of a hearing on the appropriateness of the unit. A ballot cast by an employee whose eligibility status is challenged will be segregated from the remainder of the ballots cast and will not be tallied unless the challenged ballot(s) is/are determinative of the election and after a hearing on the employee’s eligibility has been concluded and a determination is made that the employee is eligible to vote.