2014 Kentucky Revised Statutes CHAPTER 67C - RESTRUCTURE OF LOCAL GOVERNMENT IN COUNTY CONTAINING CITY OF FIRST CLASS 67C.408 Election of exclusive representative.
Download as PDF
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.
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.