ii MODEL LEGISLATION:

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JM?J?lii Union Recer'tification

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UNION RECERTIFICATION



 

No existing [collective bargaining representative exclusive representative] as de?ned in [labor statute] shall continue to
represent [public employees] in a unit without the concurrence of a majority of all [public employees] in the unit.

1. The [board commission] shall direct a secret ballot election to certify the existing [collective bargaining
representative exclusive representative] retains support of a majority of all [public employees] in the unit.

a. The [board/ commission] shall promulgate rules to preserve the purity of elections and to
preserve the secrecy of the ballot.

I. The [board/ commission] shall determine whether elections shall be conducted in-person, by
mail, by telephone, by internet-based systems, or by any other means determined by the
[board/ commission] to be fair, con?dential, and reliable. The board shall allow represented
[public employees] to cast ballots for a period of [seven days/ time prescribed in labor statute]

II. The [board/ commission] may establish a fee schedule from [collective bargaining representative
exclusive representative] participating in elections conducted under this section for the
purpose of funding of the elections.

b. Should the existing [collective bargaining representative exclusive representative] receive af?rmative
votes from a majority of all [public employees] employed in the unit the ore-existing certi?cation shall
continue. If the existing [collective bargaining representative exclusive representative] fails to receive
af?rmative votes from a majority of all [public employees] employed in the unit, the [board/
commission] shall decertify the [collective bargaining representative exclusive representative] and the
[public employees] shall be unrepresented.

C. In the event of a termination of certi?cation, the terms of any pre-existing contract between the
[collective bargaining representative exclusive representative] and the [public employer] shall continue
and remain in effect for the remaining contract term except for any provisions involving, in any
manner, the [collective bargaining representative exclusive representative] including but not limited to
union security, dues and fees, and grievance and arbitration.

2. Following the decerti?cation of a [collective bargaining representative exclusive representative] [public
employees] may certify a new [collective bargaining representative exclusive representative] in accordance with
[labor statute] so long as the [public employees] are not included with a substantially similar or af?liated [labor
organization or bargaining representative] to the decerti?ed [labor organization or bargaining representative] for
12 months from the date of decerti?cation.

3. The [board/ commission] shall start directing elections to certify majority support of existing [collective
bargaining representative exclusive representative] not less than two and not more than three years after the
effective date of this act and every even numbered year thereafter; elections shall occur no earlier than

August and no later than December lst.
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