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U.S. Code as of:
01/19/04
Section 159. Representatives and elections
(a) Exclusive representatives; employees' adjustment of grievances
directly with employer
Representatives designated or selected for the purposes of
collective bargaining by the majority of the employees in a unit
appropriate for such purposes, shall be the exclusive
representatives of all the employees in such unit for the purposes
of collective bargaining in respect to rates of pay, wages, hours
of employment, or other conditions of employment: Provided, That
any individual employee or a group of employees shall have the
right at any time to present grievances to their employer and to
have such grievances adjusted, without the intervention of the
bargaining representative, as long as the adjustment is not
inconsistent with the terms of a collective-bargaining contract or
agreement then in effect: Provided further, That the bargaining
representative has been given opportunity to be present at such
adjustment.
(b) Determination of bargaining unit by Board
The Board shall decide in each case whether, in order to assure
to employees the fullest freedom in exercising the rights
guaranteed by this subchapter, the unit appropriate for the
purposes of collective bargaining shall be the employer unit, craft
unit, plant unit, or subdivision thereof: Provided, That the Board
shall not (1) decide that any unit is appropriate for such purposes
if such unit includes both professional employees and employees who
are not professional employees unless a majority of such
professional employees vote for inclusion in such unit; or (2)
decide that any craft unit is inappropriate for such purposes on
the ground that a different unit has been established by a prior
Board determination, unless a majority of the employees in the
proposed craft unit vote against separate representation or (3)
decide that any unit is appropriate for such purposes if it
includes, together with other employees, any individual employed as
a guard to enforce against employees and other persons rules to
protect property of the employer or to protect the safety of
persons on the employer's premises; but no labor organization shall
be certified as the representative of employees in a bargaining
unit of guards if such organization admits to membership, or is
affiliated directly or indirectly with an organization which admits
to membership, employees other than guards.
(c) Hearings on questions affecting commerce; rules and regulations
(1) Whenever a petition shall have been filed, in accordance with
such regulations as may be prescribed by the Board -
(A) by an employee or group of employees or any individual or
labor organization acting in their behalf alleging that a
substantial number of employees (i) wish to be represented for
collective bargaining and that their employer declines to
recognize their representative as the representative defined in
subsection (a) of this section, or (ii) assert that the
individual or labor organization, which has been certified or is
being currently recognized by their employer as the bargaining
representative, is no longer a representative as defined in
subsection (a) of this section; or
(B) by an employer, alleging that one or more individuals or
labor organizations have presented to him a claim to be
recognized as the representative defined in subsection (a) of
this section;
the Board shall investigate such petition and if it has reasonable
cause to believe that a question of representation affecting
commerce exists shall provide for an appropriate hearing upon due
notice. Such hearing may be conducted by an officer or employee of
the regional office, who shall not make any recommendations with
respect thereto. If the Board finds upon the record of such hearing
that such a question of representation exists, it shall direct an
election by secret ballot and shall certify the results thereof.
(2) In determining whether or not a question of representation
affecting commerce exists, the same regulations and rules of
decision shall apply irrespective of the identity of the persons
filing the petition or the kind of relief sought and in no case
shall the Board deny a labor organization a place on the ballot by
reason of an order with respect to such labor organization or its
predecessor not issued in conformity with section 160(c) of this
title.
(3) No election shall be directed in any bargaining unit or any
subdivision within which in the preceding twelve-month period, a
valid election shall have been held. Employees engaged in an
economic strike who are not entitled to reinstatement shall be
eligible to vote under such regulations as the Board shall find are
consistent with the purposes and provisions of this subchapter in
any election conducted within twelve months after the commencement
of the strike. In any election where none of the choices on the
ballot receives a majority, a run-off shall be conducted, the
ballot providing for a selection between the two choices receiving
the largest and second largest number of valid votes cast in the
election.
(4) Nothing in this section shall be construed to prohibit the
waiving of hearings by stipulation for the purpose of a consent
election in conformity with regulations and rules of decision of
the Board.
(5) In determining whether a unit is appropriate for the purposes
specified in subsection (b) of this section the extent to which the
employees have organized shall not be controlling.
(d) Petition for enforcement or review; transcript
Whenever an order of the Board made pursuant to section 160(c) of
this title is based in whole or in part upon facts certified
following an investigation pursuant to subsection (c) of this
section and there is a petition for the enforcement or review of
such order, such certification and the record of such investigation
shall be included in the transcript of the entire record required
to be filed under subsection (e) or (f) of section 160 of this
title, and thereupon the decree of the court enforcing, modifying,
or setting aside in whole or in part the order of the Board shall
be made and entered upon the pleadings, testimony, and proceedings
set forth in such transcript.
(e) Secret ballot; limitation of elections
(1) Upon the filing with the Board, by 30 per centum or more of
the employees in a bargaining unit covered by an agreement between
their employer and a labor organization made pursuant to section
158(a)(3) of this title, of a petition alleging they desire that
such authority be rescinded, the Board shall take a secret ballot
of the employees in such unit and certify the results thereof to
such labor organization and to the employer.
(2) No election shall be conducted pursuant to this subsection in
any bargaining unit or any subdivision within which, in the
preceding twelve-month period, a valid election shall have been
held.
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