Sec. 14.30.05.02. Notice of Election

A. Within 30 days of the filing of a valid petition of election, the Executive Director shall mail or deliver a notice of election indicating that a valid petition has been filed and that an election will be held, to:

(1) The petitioner;

(2) Any intervening petitioner; and

(3) The employer.

B. The notice of election shall provide a sample ballot and identify:

(1) The employer;

(2) The bargaining unit;

(3) Rules concerning the employees' eligibility to vote;

(4) Choices presented to the voter;

(5) If it is an on-site election:

(a) The election date, which shall be not more than 90 days from the date the election petition is filed;

(b) The location of polling places; and

(c) The hours the polls will be open;

(6) If it is a mail ballot election:

(a) The date the ballots will be mailed or distributed to the voters, provided that the ballots will be mailed approximately 2 days before the time period for voting;

(b) The 14-day time period in which mail ballots may be postmarked for return to the Executive Director, provided that the first day of the period is not later than 90 days after the election petition is filed; and

(c) The date and time the ballots will be counted;

(7) The place and time of ballot counting; and

(8) Further information that the Executive Director considers appropriate.

C. Posting Notice of Election.

(1) A copy of the notice of election and the sample ballot shall be posted at the Executive Director's office at least 30 days before the election.

(2) A copy of the notice of election and the sample ballot shall be posted by the employer at all work locations where notices are customarily posted for the benefit of employees in the bargaining unit for at least 21 days before the election or distribution of mail ballots, through the end of the election.

(3) Posting requirements may be modified by mutual written agreement of all parties filed with and approved by the Executive Director.

(4) The Executive Director may tailor posting requirements to provide adequate notice to employees.

(5) The employer shall take reasonable precautions to ensure that notices of election and sample ballots are not altered, covered, defaced, or removed before the completion of the election.

D. Withdrawal from Election.

(1) Before Election: Before Issuance of Order for Election Agreement (without prejudice). Where a request is received prior to the issuance of the order for election, the request shall be granted without prejudice to the subsequent filing of a new petition by the petitioner.

(2) Before Election: After Issuance of Order for Election Agreement (Prejudice Possible).

(a) Election Petition/Petitioner Sole Union Involved Where, after the issuance of an order for election agreement, but before the holding of the election, the petitioning employee organization, the sole employee organization involved, requests timely withdrawal of its petition, the request shall be approved with 1-year prejudice and the election shall be canceled.

(b) Intervenor Desires Election.

(i) If a petitioning employee organization seeks to withdraw the petition after issuance of an order for election, and there is an intervening employee organization that desires the election be held, the intervening employee organization shall submit a petitioner's showing of interest of 30 percent in the unit involved. A reasonable period for procuring and submitting the interest may be given. Upon proper submission by the intervenor, the petitioner shall be dropped from the ballot with prejudice applied, and the election, with the intervenor alone on the ballot, shall be held in accordance with a revised final order for election.

(ii) In the event the intervenor requests to withdraw after the new election order, the election shall be canceled and the request shall be approved with 1 year prejudice.

(c) Decertification Petition.

(i) A timely withdrawal request filed by the decertification petitioner after the issuance of an order of election shall be approved and granted without prejudice.

(ii) If an intervenor other than a certified or recognized incumbent union desires an election, and has, or can obtain within a reasonable period, a petitioner's showing of interest of 30 percent, the election shall be held as scheduled.

(3) Prejudice Period.

(a) Good Cause. A withdrawal with prejudice shall carry the condition that it is granted with prejudice to the filing of a new petition encompassing the same or substantially the same unit of employees involved for a period of 1 year, unless good cause is shown why the Board should entertain a new petition filed prior to the expiration date of the period. Prejudice runs only to the withdrawee and does not preclude petitions filed by other labor organizations.

(b) Intervention During Prejudice Period. Even though a prejudiced employee organization may not file a petition during a given period in the absence of good cause, it may nevertheless intervene during the period in any petition filed by another employee organization and may participate to the extent of its showing of interest.