No incumbent exclusive bargaining representative—Determination by cross-check.

(1) If only one labor organization is seeking certification as an exclusive bargaining representative of a bargaining unit for which there is no incumbent exclusive bargaining representative, the commission may determine the question concerning representation by conducting a cross-check comparing the bargaining authorization cards against the employment records of the employer. A determination through a cross-check process may be made upon a showing of interest submitted in support of the exclusive bargaining representative by more than 50 percent of the employees.(2) The exclusive bargaining representative that has been determined through a cross-check to represent a majority of the employees in the bargaining unit must be certified by the commission as the exclusive bargaining representative of, and is required to represent, all the employees within the unit without regard to membership in said exclusive bargaining representative.[ 2026 c 130 s 9.]