Sec. 14.32.04.06. Post-Election Procedures

A. Certification of Results.

(1) Upon completion of a valid representation certification election in which an employee organization received the votes of a majority of those employees voting, the Board shall certify that employee organization as the exclusive representative of the employees in the bargaining unit.

(2) Upon completion of a valid representation certification election in which only one employee organization appeared on the ballot and that employee organization did not receive the votes of a majority of those voting, the Board shall serve notice of noncertification.

(3) Runoff Elections.

(a) Upon completion of a valid election in which more than one employee organization appeared on the ballot and no choice on the ballot received the votes of a majority of those employees voting, the Board shall conduct a runoff election between the two choices receiving the greatest number of votes.

(b) If the runoff election is held less than 30 days after the original election, those eligible to vote shall be those who were eligible to vote in the original election and are still employed in the bargaining unit on the day of the runoff election.

(c) If the runoff election is held more than 30 days after the original election, the Board may direct the employer to submit a new eligibility list based upon a revised voter eligibility date.

(4) Upon completion of a valid election, as provided for in §A(3)(c) of this regulation, the Board shall certify as the exclusive representative the employee organization receiving the votes of a majority of those employees voting. If no employee organization on the runoff ballot receives a majority of the votes of those employees voting, the Board shall serve notice of noncertification.

(5) Upon completion of a valid decertification election, in which a majority of employees voting cast their ballots in the affirmative, the Board shall serve notice of decertification.

(6) Upon completion of a valid decertification election, in which a majority of employees voting cast their ballots in the negative, or in the case of a tie, the Board shall serve notice of continued certification.

B. Challenged Ballots. When unresolved challenged ballots are sufficient in number to determine the outcome of an election or timely objections are filed, a hearing shall be scheduled.

C. Objections.

(1) An objection to an election shall:

(a) Be filed within 10 days of service of the tally of ballots on the parties, even when challenged ballots are sufficient in number to determine the outcome of the election; and

(b) Contain a statement of facts upon which the objections are based.

(2) The objections shall be filed with the Board and a copy shall be served upon each of the other parties to the election, with certificate of service endorsed upon the original filed with the Board.