1.Voluntary recognition. Any judicial employee organization may file a request with the public employer alleging that a majority of the judicial
employees in an appropriate bargaining unit wish to be represented for the purpose of collective bargaining between the public
employer and the employees' organization. The request shall describe the grouping of jobs or positions which constitute the
unit claimed to be appropriate and shall include a demonstration of majority support. The request for recognition shall be
granted by the public employer, unless the public employer desires that an election determine whether the organization represents
a majority of the members in the bargaining unit.
[
1983, c. 702, (NEW)
.]
2.Elections. The executive director of the board or his designee, upon signed request of a public employer alleging that one or more
judicial employees or judicial employee organizations have presented to it a claim to be recognized as the representative
of a bargaining unit of judicial employees, or upon signed petition of at least 30% of a bargaining unit of judicial employees
that they desire to be represented by an organization, shall conduct a secret ballot election to determine whether the organization
represents a majority of the members of the bargaining unit. Such an election may be conducted at suitable work locations
or through the United States mail, provided that the procedures adopted and employed by the board shall maintain the anonymity
of the voter from both the employee organizations and the management representatives involved.
[
1983, c. 702, (NEW)
.]
3.Voting.
A. The ballot shall contain the name of the organization and that of any other organization showing written proof of at least
10% representation of the judicial employees within the unit, together with a choice for any judicial employee to designate
that he does not desire to be represented by any bargaining agent. When more than one organization is on the ballot and no
one of the 3 or more choices receives a majority vote of the judicial employees voting, a runoff election shall be held.
The runoff ballot shall contain the 2 choices which received the largest and 2nd largest number of votes. When an organization
receives the majority of votes of those voting, the executive director of the board shall certify it as the bargaining agent.
The bargaining agent certified as representing a bargaining unit shall be recognized by the public employer as the sole and
exclusive bargaining agent for all of the employees in the bargaining unit, unless and until a decertification election by
secret ballot shall be held and the bargaining agent declared by the executive director of the board as not representing a
majority of the unit. [1983, c. 702, (NEW).]
B. Whenever 30% of the employees in a certified bargaining unit petition for a bargaining agent to be decertified, the procedures
for conducting an election on the question shall be the same as for representation as bargaining agent as set forth in this
chapter. [1983, c. 702, (NEW).]
C. No question concerning representation may be raised within one year of a certification or attempted certification. Where
there is a valid collective bargaining agreement in effect, no question concerning unit or representation may be raised, except
during the period not more than 90 days nor less than 60 days prior to the expiration date of the agreement. Unit clarification
proceedings are not subject to this time limitation and may be brought at any time consistent with section 1286, subsection
4. [1983, c. 702, (NEW).]
D. The bargaining agent certified by the executive director of the board or his designee as the exclusive bargaining agent
shall be required to represent all the judicial employees within the unit without regard to membership in the organization
certified as bargaining agent, provided that any judicial employee at any time may present his grievance to the public employer
and have that grievance adjusted without the intervention of the bargaining agent, if the adjustment is not inconsistent with
the terms of a collective bargaining agreement then in effect and if the bargaining agent's representative has been given
reasonable opportunity to be present at any meeting of the parties called for the resolution of that grievance. [1983, c. 702, (NEW).]
SECTION HISTORY
1983, c. 702, (NEW).
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