§4111 Exclusive Recognition

Summary

The Department must give a union exclusive recognition when a secret-ballot election shows a majority of the valid votes for that union. Anyone can ask the Board to act by filing a petition that says at least 30% of workers want a union, or that 30% say the current union no longer has majority support, or asks to clarify or change a current certification. A union seeking recognition must have at least 10% employee backing or already be the current representative. The Board decides who can vote and makes the election rules. Ballots let workers pick a union on the ballot or choose no union. If there are more than two choices, voters rank them and, if no option wins a first-choice majority, the lower choices’ preferences are moved to the top two until one has a majority. The Board certifies the winner. A union must give the Board and Department a list of its leaders, its rules, and its goals. Recognition is denied if the union is corrupt or anti-democratic, or if a 30% petition has no believable evidence of support. Hearings can be waived to allow agreed elections under the Board’s rules.