2010 Tennessee Code
Title 49 - Education
Chapter 5 - Personnel
Part 6 - Education Professional Negotiations Act
49-5-607 - Organization decertification.

49-5-607. Organization decertification.

(a)  When the board of education and the recognized professional employees' organization are presented with petitions bearing the signatures of a majority of the professional employees in the negotiating unit indicating they no longer desire to be represented by the recognized organization, an election committee shall be established according to § 49-5-605, and the election committee shall conduct a decertification election by secret ballot in which all professional employees in the negotiating unit will have the choice of voting either for the continuation of recognition or for decertification of the recognized professional employees' organization.

(b)  If a majority in the negotiating unit vote for decertification, the committee will thereupon notify the board of education and the recognized professional employees' organization that the organization is no longer the recognized representative.

(c)  Those persons requesting a decertification election shall be assessed by the chair of the election committee an amount adequate to pay for conducting the election.

(d)  The terms and conditions of any existing memorandum of agreement shall continue in existence for the terms of the memorandum, except that any reference to the recognized professional employees' organization shall mean the individual employee.

(e)  The board of education shall not be required to negotiate with any subsequently recognized professional employees' organization for the remaining period of the existing memorandum of agreement, but shall negotiate at the appropriate time as set forth in this part with a subsequently recognized professional employees' organization for a future period.

[Acts 1978, ch. 570, § 16; T.C.A., § 49-5515.]