Union Recertification Act
| Model Bill Info | |
|---|---|
| Bill Title | Union Recertification Act |
| Date Introduced | August 10, 2018 |
| Date Finalized | September 18, 2018 |
| Type | Model Policy |
| Status | Final |
| Task Forces | Commerce, Insurance and Economic Development |
Union Recertification Act
Summary
This policy ensures that no collective bargaining representative or exclusive representative shall represent public employees in a unit without the concurrence of a majority of all the public employees in the unit. A commission will recertify a representative in a secret ballot election within three years of this act being passed and every even year thereafter.
No existing [collective bargaining representative / exclusive representative] as defined in [labor statute] shall continue to represent [public employees] in a unit without the concurrence of a majority of all [public employees] in the unit.
1. The [board/ commission] shall direct a secret ballot election to certify the existing [collective bargaining representative / exclusive representative] retains support of a majority of all [public employees] in the unit.
a. The [board/ commission] shall promulgate rules to preserve the purity of elections and to preserve the secrecy of the ballot.
i. The [board/ commission] shall determine whether elections shall be conducted in-person, by mail, by telephone, by internet-based systems, or by any other means determined by the [board/ commission] to be fair, confidential, and reliable. The board shall allow represented [public employees] to cast ballots for a period of [seven days/ time prescribed in labor statute.]
ii. The [board/ commission] may establish a fee schedule from [collective bargaining representative / exclusive representative] participating in elections conducted under this section for the purpose of funding of the elections.
b. Should the existing [collective bargaining representative / exclusive representative] receive affirmative votes from a majority of all [public employees] employed in the unit the pre-existing certification shall continue. If the existing [collective bargaining representative / exclusive representative] fails to receive affirmative votes from a majority of all [public employees] employed in the unit, the [board/ commission] shall decertify the [collective bargaining representative / exclusive representative] and the [public employees] shall be unrepresented.
c. In the event of a termination of certification, the terms of any pre-existing contract between the [collective bargaining representative / exclusive representative] and the [public employer] shall continue and remain in effect for the remaining contract term except for any provisions involving, in any manner, the [collective bargaining representative / exclusive representative] including but not limited to union security, dues and fees, and grievance and arbitration.
2. Following the decertification of a [collective bargaining representative / exclusive representative] [Public employees] may certify a new [collective bargaining representative / exclusive representative] in accordance with [labor statute] so long as the [public employees] are not included with a substantially similar or affiliated [labor organization or bargaining representative] to the decertified [labor organization or bargaining representative] for 12 months from the date of decertification.
3. The [board/ commission] shall start directing elections to certify majority support of existing [collective bargaining representative / exclusive representative] not less than two and not more than three years
after the effective date of this act and every even numbered year thereafter; elections shall occur no earlier than August 1st and no later than December 1st.
