§4111 Exclusive Recognition

Summary

The Department must give a labor organization exclusive recognition when that union wins a secret-ballot election by a majority of the employees in the voting unit. If someone files a petition saying at least 30% of the workers want union representation, or that a current union no longer has majority support, the Board will look into it. If there is reason to believe a representation question exists, the Board will hold a hearing (with a transcript) and run a secret ballot election, unless a valid election happened in the same unit within the last 12 calendar months or a union was certified there within the last 24 calendar months. A union that at least 10% of employees support, or the current exclusive representative, can be put on the ballot. The Board decides who can vote and must let voters pick a union or choose no union. If more than two choices appear, voters rank them and the Board uses those rankings to find a majority winner between the top two. A winning union is certified. A union seeking recognition must give the Board and Department its officers list, its rules, and its goals. Recognition can be denied if the Board finds the union is corrupt or undemocratic, or if there is no credible proof of the required 30% support. Parties may waive hearings to hold a consent election under Board rules.