2011 Kentucky Revised Statutes CHAPTER 67C RESTRUCTURE OF LOCAL GOVERNMENT IN COUNTY CONTAINING CITY OF FIRST CLASS 67C.408 Election of exclusive representative.
KY Rev Stat § 67C.408 (1996 through Reg Sess) What's This?
67C.408 Election of exclusive representative.
(1)
(2)
(3)
(4)
(5)
Whenever, in accordance with administrative regulations that may be promulgated
by the cabinet, a petition has been filed:
(a) By a police officer or group of police officers or any labor organization acting
in 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 consolidated local government as
bargaining representative is no longer the representative of the majority
of employees in the unit; or
(b) By a consolidated local 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 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 desire to be represented and shall certify the result
thereof to the legislative council of the consolidated local government.
The cabinet shall decide in each case, in order to assure police officers 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 involved;
the history of collective bargaining; and the desires of the police officers.
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,
the ballot providing 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 in the
unit.
Nothing in this or any other law shall be construed to prohibit recognition of a labor
organization as the exclusive representative by a consolidated local 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, that 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. 66, effective July 15, 2010. -- Created
2004 Ky. Acts ch. 101, sec. 5, effective July 13, 2004.
Legislative Research Commission Note (7/13/2004). Under the authority of KRS
7.136(1)(h), during codification a manifest clerical or typographical error occurring
in Ky. Acts ch. 101, sec. 5(5), has been corrected. The second clause of Ky. Acts
ch. 101, sec. 5(5), reads, "provided, however, that collective bargaining agreement
shall bar an election upon the petition of persons not parties thereto where more than
four (4) years have elapsed...." It is clear from the context and legislative history of
the Act that the word "no" was erroneously omitted before the word "collective" in
the provision, and the omitted word has been restored during codification.
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