Download as PDF
345.060 Election of exclusive representative.
(1)
(2)
(3)
(4)
(5)
Whenever in accordance with such regulations and as may be prescribed by the
State Labor Relations Board a petition has been filed:
(a) By a firefighter or group of firefighters or any labor organization acting in
behalf of 30 percent of the employees who have signed union affiliation cards
and the union showing proof of representation:
1.
Wish to be represented for collective bargaining by a labor organization
as exclusive representative, or
2.
Assert that the labor organization which has been certified or is currently
being recognized by the public employer as bargaining representative is
no longer the representative of the majority of employees in the unit; or
(b) By the public employer alleging that one (1) or more labor organizations has
presented to it a claim to be recognized as a representative of the majority of
firefighters in an appropriate unit;
the board shall investigate such 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 board 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 firefighters desire to be represented and shall certify the result
thereof.
The board shall decide in each case, in order to assure firefighters the fullest
freedom in exercising the rights guaranteed by this chapter, 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 firefighters involved; the
history of collective bargaining; and the desires of the firefighters.
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 board shall determine who is eligible to vote in the election and shall
establish rules 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 board
as exclusive representative of all the firefighters 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 public agency by mutual consent.
No election shall be directed by the board 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 three (3) years have elapsed since the execution
of the agreement or the last timely renewal, whichever was later.
History: Created 1972 Ky. Acts ch. 120, sec. 7.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.