.6905 Election of exclusive representative.
Code Resources
Kentucky Resources
Kentucky Website
Kentucky Governor
Kentucky Legislature
Kentucky Courts
Search this Code
in Google Scholar
on the Web
Google Web Search
MSN Web Search
Yahoo! Web Search
in the News
Google News Search
Google News Archive Search
Yahoo! News Search
in the Blogs
BlawgSearch.com Search
Google Blog Search
Technorati Blog Search
in other Databases
Google Book Search
67A.6905 Election of exclusive representative.
(1)
Whenever, in accordance with administrative regulations that may be promulgated
by the department, a petition has been filed:
(a) By a police officer, group of police officers, firefighter personnel, a firefighter,
group of firefighters, a corrections officer, group of corrections personnel, or
any labor organization acting on behalf of thirty percent (30%) of the
employees who have signed labor organization affiliation cards and the labor
organization showing proof of representation:
1.
Alleging that they wish to be represented for collective bargaining by a
labor organization as exclusive representative; or
2.
Asserting that the labor organization which has been certified or is
currently being recognized by the urban-county government as
bargaining representative is no longer the representative of the majority
of employees in the unit; or
(b) By an urban-county government alleging that one (1) or more labor
organizations has presented to it a claim to be recognized as the representative
of the majority of police officers, firefighter personnel, firefighters, or
corrections personnel in an appropriate unit;
the department shall investigate the petition, and if it has reasonable cause to
believe that a question of representation exists, shall provide for an appropriate
hearing upon due notice. If the department finds that there is a question of
representation, it shall direct an election by secret ballot to determine whether or by
which labor organization the police officers, firefighter personnel, firefighters, or
corrections personnel desire to be represented, and shall certify the result thereof to
the legislative council of the urban-county government.
(2)
The department shall decide in each case, in order to assure police officers,
firefighter personnel, firefighters, and corrections personnel the fullest freedom in
exercising the rights guaranteed by this section, the unit appropriate for the purposes
of collective bargaining, based on such factors as community of interest, wages,
hours, and other working conditions of the police officers, firefighter personnel,
firefighters, or corrections personnel involved; the history of collective bargaining;
and the desires of the police officers, firefighter personnel, firefighters, or
corrections personnel.
(3)
An election shall not be directed in any bargaining unit or in any subdivision thereof
within which in the preceding twelve (12) month period a valid election has been
held. The department shall determine who is eligible to vote in the election and
shall promulgate administrative regulations governing the election. In any election
where none of the choices on the ballot receives a majority, a runoff shall be
conducted and the ballot shall provide for the selection between the two (2) choices
receiving the largest and the second largest number of valid votes cast in the
election. A labor organization which receives the majority of the votes cast in an
election shall be certified by the department as exclusive representative of all the
Page 1 of 2
police officers, firefighter personnel, firefighters, or corrections personnel in the
unit.
(4)
Nothing in this or any other law shall be construed to prohibit recognition of a labor
organization as the exclusive representative by an urban-county government by
mutual consent.
(5)
No election shall be directed by the department in any bargaining unit where there is
in force and effect a valid collective bargaining agreement; provided, however, no
collective bargaining agreement shall bar an election upon the petition of persons
not parties thereto where more than four (4) years have elapsed since the execution
of the agreement or the last timely renewal, whichever was later.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 177, sec. 5, effective July 12, 2006. -- Created
2004 Ky. Acts ch. 100, sec. 5, effective July 13, 2004.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.
Page 2 of 2