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U.S. Code as of:
01/03/05
Section 7111. Exclusive recognition of labor organizations
(a) An agency shall accord exclusive recognition to a labor
organization if the organization has been selected as the
representative, in a secret ballot election, by a majority of the
employees in an appropriate unit who cast valid ballots in the
election.
(b) If a petition is filed with the Authority -
(1) by any person alleging -
(A) in the case of an appropriate unit for which there is no
exclusive representative, that 30 percent of the employees in
the appropriate unit wish to be represented for the purpose of
collective bargaining by an exclusive representative, or
(B) in the case of an appropriate unit for which there is an
exclusive representative, that 30 percent of the employees in
the unit allege that the exclusive representative is no longer
the representative of the majority of the employees in the
unit; or
(2) by any person seeking clarification of, or an amendment to,
a certification then in effect or a matter relating to
representation;
the Authority shall investigate the petition, and if it has
reasonable cause to believe that a question of representation
exists, it shall provide an opportunity for a hearing (for which a
transcript shall be kept) after a reasonable notice. If the
Authority finds on the record of the hearing that a question of
representation exists, the Authority shall supervise or conduct an
election on the question by secret ballot and shall certify the
results thereof. An election under this subsection shall not be
conducted in any appropriate unit or in any subdivision thereof
within which, in the preceding 12 calendar months, a valid election
under this subsection has been held.
(c) A labor organization which -
(1) has been designated by at least 10 percent of the employees
in the unit specified in any petition filed pursuant to
subsection (b) of this section;
(2) has submitted a valid copy of a current or recently expired
collective bargaining agreement for the unit; or
(3) has submitted other evidence that it is the exclusive
representative of the employees involved;
may intervene with respect to a petition filed pursuant to
subsection (b) of this section and shall be placed on the ballot of
any election under such subsection (b) with respect to the
petition.
(d) The Authority shall determine who is eligible to vote in any
election under this section and shall establish rules governing any
such election, which shall include rules allowing employees
eligible to vote the opportunity to choose -
(1) from labor organizations on the ballot, that labor
organization which the employees wish to have represent them; or
(2) not to be represented by a labor organization.
In any election in which no choice on the ballot receives a
majority of the votes cast, a runoff election shall be conducted
between the two choices receiving the highest number of votes. A
labor organization which receives the majority of the votes cast in
an election shall be certified by the Authority as the exclusive
representative.
(e) A labor organization seeking exclusive recognition shall
submit to the Authority and the agency involved a roster of its
officers and representatives, a copy of its constitution and
bylaws, and a statement of its objectives.
(f) Exclusive recognition shall not be accorded to a labor
organization -
(1) if the Authority determines that the labor organization is
subject to corrupt influences or influences opposed to democratic
principles;
(2) in the case of a petition filed pursuant to subsection
(b)(1)(A) of this section, if there is not credible evidence that
at least 30 percent of the employees in the unit specified in the
petition wish to be represented for the purpose of collective
bargaining by the labor organization seeking exclusive
recognition;
(3) if there is then in effect a lawful written collective
bargaining agreement between the agency involved and an exclusive
representative (other than the labor organization seeking
exclusive recognition) covering any employees included in the
unit specified in the petition, unless -
(A) the collective bargaining agreement has been in effect
for more than 3 years, or
(B) the petition for exclusive recognition is filed not more
than 105 days and not less than 60 days before the expiration
date of the collective bargaining agreement; or
(4) if the Authority has, within the previous 12 calendar
months, conducted a secret ballot election for the unit described
in any petition under this section and in such election a
majority of the employees voting chose a labor organization for
certification as the unit's exclusive representative.
(g) 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 or decisions of
the Authority.
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