67A.6905 Election of exclusive representative.
(1)
(2)
(3)
Whenever, in accordance with administrative regulations that may be promulgated
by the cabinet, 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 cabinet 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 cabinet 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.
The cabinet 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.
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 cabinet 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 cabinet as exclusive representative of all the police officers,
firefighter personnel, firefighters, or corrections personnel in the unit.
(4)
(5)
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.
No election shall be directed by the cabinet 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 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 61, effective July 15, 2010. -- Amended
2006 Ky. Acts ch. 177, sec. 5, effective July 12, 2006. -- Created 2004 Ky. Acts
ch. 100, sec. 5, effective July 13, 2004.
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