2010 Tennessee Code
Title 49 - Education
Chapter 5 - Personnel
Part 6 - Education Professional Negotiations Act
49-5-605 - Organization recognition.

49-5-605. Organization recognition.

(a)  Upon the submission, by one (1) or more professional employees' organizations to the appropriate local board of education between October 1 and November 1 of any year, of a request for recognition together with signed petition cards that constitute thirty percent (30%) or more of the professional employees, the board of education and the requesting employees' organization shall appoint persons to serve on a special election committee for the purpose of conducting an election as provided in subsection (b).

(b)  (1)  In the event one (1) or more professional employees' organizations submit a request for recognition as provided in subsection (a), a special secret ballot election will be conducted among the eligible professional employees to determine which requesting organization, if any, shall represent the employees.

     (2)  A special election committee shall be formulated to set the date, establish the times and places, establish the procedure and supervise the election process, supervise the counting of ballots and file the results with the board of education and the requesting professional employees' organizations.

          (A)  The election committee shall be composed of one (1) person selected by each professional employees' organization that has filed with the board of education a request for recognition as provided in subsection (a), plus an equal number of persons selected by the board of education.

          (B)  The requesting professional employees' organizations and the board of education shall select the persons to serve on this election committee and shall notify the other parties of the selection no later than November 15.

          (C)  These persons so selected shall select an additional person to serve as chair.

          (D)  In the event any party has not named the election committee persons or a majority agreement cannot be reached upon the person to serve as chair by November 20, upon request of any of the selected persons to serve on this committee, the commissioner of education shall within five (5) calendar days name those persons who otherwise should have been named.

          (E)  The election committee may, upon majority approval, appoint other persons to assist in conducting the election. Motions before the election committee shall require a majority vote of the membership of the full committee.

          (F)  The election committee persons or persons appointed to assist in conducting elections pursuant to this section shall not be compensated for this service.

     (3)  Voting places and times selected by the election committee shall be convenient and accessible for all eligible professional employees.

     (4)  A majority vote of those voting shall be required to secure representation by a professional employees' organization. The secret ballot shall provide for a person to vote for no representation by any professional employee organization.

     (5)  If a majority vote is not secured, a second election shall be held between those organizations or nonorganizations receiving the first and second largest number of votes.

     (6)  The secret ballot election shall be held and the results transmitted to the board and the respective professional employee organizations prior to January 1 next.

     (7)  Those persons or organizations initiating the election shall be assessed the costs necessitated in conducting the election by the chair of the election committee.

     (8)  The professional employees' organization receiving a majority vote shall be designated as exclusive representative effective January 1 next for a period of twenty-four (24) months.

(c)  The initial recognition will be for twenty-four (24) months and will be automatically extended for additional twenty-four (24) month periods unless between October 1 and October 15 of the second twelve (12) months of any recognition period:

     (1)  The board of education challenges and substantiates that the recognized organization does not, in fact, possess a majority of the professional employees as paid members; or

     (2)  Another professional employees' organization files application for recognition with the board of education, together with signed petition cards that constitute a majority of the professional employees. In such event, an election between the competing organizations will be held according to subsection (b).

(d)  When a professional employees' organization has met the requirements of recognition in this section as the exclusively recognized organization, the board of education and the organization shall, in good faith, enter into negotiations, and if agreement is reached, enter into a memorandum of agreement based upon the negotiations and comply with the agreement according to this part.

[Acts 1978, ch. 570, § 4; T.C.A., § 49-5503.]  

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