County Labor Code: 13A-105

Sec. 13A-105. Selection of exclusive representatives.

  1. The employer may not recognize, without an election, a labor organization as the exclusive representative for purposes of collective bargaining.
  2. Where, in accordance with such regulations as may be prescribed by the Panel, a petition has been filed:
    1. By a labor organization, or in the case of decertification by an employee or group of employees, supported by evidence that at least 30% of employees in an appropriate unit:
      1. Wish to be represented for collective bargaining by an exclusive representative; or
      2. Assert that the certified labor organization is no longer the representative of the majority of the employees in the unit; or
    2. By the employer alleging that one or more labor organization claims to represent a majority of employees and seeks to become the exclusive representative in an appropriate unit; the Panel shall investigate such petition, and if it has reasonable cause to believe that a question of representation exists, it shall provide for an appropriate hearing upon due notice. If the Panel finds upon the record of such hearing that such a question of representation exists, it shall direct an election by secret ballot and shall certify the results thereof. Any labor organization shall be allowed to intervene upon the filing of a petition with the employer supported by evidence of at least 10% representation in said unit. If such intervenor contends that the unit is inappropriate, it must present a 30% showing of interest with respect to the unit it alleges is appropriate.

(CB-1-1973)

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