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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-B515. CERTIFICATION OF ELECTION RESULTS
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515.1Each party to the election shall be served with a copy of the report of election results prepared by the Executive Director, which shall include the tally of ballots and a certificate of service.
515.2Within seven (7) days after the tally of ballots has been served, any party to the election proceeding may file with the Board objections to the election procedure or to any conduct which may have improperly affected the results of the election. The objecting party shall include a specific statement of the reasons for each objection.
515.3The Board shall certify the results of each election within fourteen (14) days after the final tally of ballots and, within seven (7) days after the certification of election results has been served, the Board shall issue to the parties a certification of representative if:
(a)The challenged ballots are insufficient in number to affect the results of the election;
(b)No objections have been filed; and
(c)One labor organization has received a majority of the ballots cast.
515.4If the challenged ballots are sufficient in number to affect the results of the election or if objections are filed, the Executive Director, or other person designated by the Board, shall conduct an investigation and, if necessary, hold a hearing, and make a report of findings to the Board. If the Board has reason to believe that such allegations or challenges may be valid, the Board shall hold a hearing on the matter within two (2) weeks after the date of receipt of the objection. Any hearing held pursuant to this section shall be considered investigatory and not adversarial. The purpose of hearings under this section shall be to ascertain the facts by developing a full and factual record upon which the Board may make a decision. The procedures of §§ 550-557 shall apply to the hearing.
515.5If the Board determines that the challenge(s), if any, have been properly resolved and/or that the objections, if any, are without merit or insufficient to warrant setting aside the election, the Board shall issue a certification of representative, if appropriate, or a certification that no union has been selected.
515.6A runoff may not be held until the Board or the Executive Director has ruled on objections to the election and determinative challenged ballots. An election shall be declared “inconclusive” if there are no challenges that affect the results, but none of the choices on the ballot receives a majority of the valid ballots cast.
515.7If an election is declared inconclusive, the Board shall declare the election null and void and order that another election be conducted providing for a selection from among the original choices, except that if in the inconclusive election there were three or more choices on the ballot, only the two choices that received the most votes shall appear on the ballot in the subsequent election. In the event of a tie in the second election, the Board shall certify the election results indicating that no representative has been selected.