Notwithstanding the filing or pendency of an election petition, the Board shall conduct no representation election when one or more of the following conditions exist:
(1) Election bar. During the one (1) year period following the date of certification, decertification or noncertification subsequent to a valid representation election.
(2) Existence of a collective bargaining agreement. Whenever a collective bargaining agreement exists, provided such agreement is written and executed by the parties to it. This contract bar shall not apply to a representation election in a unit clarification case.
(3) Decertification elections. Petitions for decertification which are filed with the Board not less than one hundred eighty (180) nor more than two hundred forty (240) days prior to the stated expiration date of an otherwise valid collective bargaining agreement shall be processed by the Board notwithstanding the provisions of (2) of this subsection, and any election ordered by the Board pursuant to § 51-103, shall be conducted not more than one hundred eighty (180) nor less than one hundred fifty (150) days prior to the expiration of the collective bargaining agreement.
(4) Disclaimer. Notwithstanding the provisions of (3) of this subsection, the Board will process a valid decertification petition accompanied by an adequate show of interest as required by 585:15-3-1 at any time if the certified employee organization files a disclaimer of representation. A disclaimer of representation is a statement signed by an authorized representative of the certified employee organization, stating that the employee organization wishes to disclaim representation of the employees in the certified bargaining unit.
585:15-3-3. Evidence of representation or legitimate interest; authorization cards [REVOKED]
Evidence of representation or legitimate interest may be either by individual authorization cards, membership records, or by petition. In any case, the petition, membership records, or authorization cards must show the address and be signed and dated by the employee expressing an intent to be represented by a specific bargaining agent. Cards shall be considered valid if the dates thereon, and other evidence provided to the Board, indicate a regularity of continuing interest by the employees signing the petition or authorization cards. 585:15-3-4. Showing of interest; determination of adequacy [REVOKED]
The showing of interest submitted to the Board shall not be furnished to any of the opposing parties. The Board alone shall determine the adequacy of the showing of interest, and the Board's decision shall not be subject to collateral attack at a hearing before the Board. 585:15-3-5. Responsibilities of corporate authority [REVOKED]
The Corporate Authority shall furnish the Board, within twenty (20) days of receipt of a notice from the Board, an alphabetical list of names, addresses, departments and job titles of all employees within the proposed bargaining unit as described in the petition. The list of employees shall be as shown by the payroll for the period immediately preceding the date on which the petition for representation was filed with the Board. The corporate authority shall designate, by notation on the list, those persons it considers to be permanent, paid employees. Failure by the corporate authority to furnish such a list within the time allowed shall be deemed to be an admission of the sufficiency of the petitioner's showing of interest. 585:15-3-6. Determination of collective bargaining unit [REVOKED]
(a) The Board shall decide in each case before it, in which the issue is raised, the unit appropriate for the purpose of collective bargaining, and shall consider such factors as community of interest, wages, hours, and other working conditions for the employees involved, the history of collective bargaining for the proposed unit (if any), and the desires of the employees.
(b) For a unit of firefighters or police officers, the terms "firefighters" and "police officers" shall mean the permanent paid members of any fire department or police department in any city, town or municipality within the State of Oklahoma but shall not include the chief of police and an administrative assistant and the chief of the fire department and an administrative assistant. The administrative assistant shall be that person so designated by the chief of the police department and that person so designated by the chief of the fire department. 585:15-3-7. Investigation [REVOKED]
Subsequent to the filing of a petition for decertification,
the Board may direct an investigation of all questions concerning representation, including, if applicable, whether the showing of interest requirement, as set forth in the Act, has been met; whether one or more bargaining agents seek to represent some or all of the employees in the allegedly appropriate unit, and whether there is an agreement among the parties as to the appropriateness of the unit. 585:15-3-8. Hearing [REVOKED]
The Board may direct a hearing following the filing of a petition for decertification, and any such hearing shall be conducted under the rules prescribed in Chapter 1 of this Title. 585:15-3-9. Petition for consent election [REVOKED]
(a) Where a question of representation exists, the parties involved may petition the Board to hold an election to determine the exclusive bargaining agent for such unit. The consent election shall be conducted under the direction and supervision of the Board. An election shall not be directed in any bargaining unit or any subdivision thereof within which, in the preceding twelve-month period, a valid election has been held.
(b) Within seven (7) days of notice that an election has been set, the corporate authority shall furnish to the Board, and to each party to the proceedings, an alphabetical list of the names, addresses, departments and job titles of the permanent paid employees in the appropriate unit on the eligibility payroll date who were on the payroll on the date of the filing of the petition and who are on the payroll at the time of the submission of the list. Failure of the corporate authority to furnish the above described list shall be good cause for the Board to exercise its discretion in ordering that a free and untrammelled election cannot be conducted and certifying a bargaining agent as the exclusive bargaining agent for the appropriate unit.
(c) In cases of a Board-ordered election, the eligibility payroll date shall be determined by the Board. SUBCHAPTER 5. ELECTIONS [REVOKED] 585:15-5-1. Election procedure [REVOKED]
The following procedure shall be followed when conducting an election to determine the exclusive bargaining agent for a unit:
(1) General. All elections shall be by secret ballot, at times, places, and in such manner as the Board may direct, and may be conducted by a designated agent of the Board, whose determination of all questions arising shall be final, subject, however, to review by the Board.
(A) Ballots shall be prepared and issued by the Board. The color of the ballot must not be disclosed to any of the parties prior to the opening of the polls. Ballots shall contain the name of each bargaining agent and a choice of "no representative" in inclusive elections.
(B) The places on the ballot shall be based on agreement among the parties if there is an agreement and on chance if there is no agreement among the parties.
(C) In the case of a run-off election involving two bargaining agents, their position on the ballot shall be the same as their position on the ballot during the first election.
(3) Observers. Each party to an election shall be entitled to be represented by an equal number of observers at each polling place. Observers on behalf of a bargaining agent shall be employees eligible to vote or other appropriate employees not on the list of eligible voters, but excluding supervisors and administrative officials except in cases of a supervisory unit.
(4) Polling area; electioneering. Prior to the commencement of the election the agent of the Board shall designate the polling area and no electioneering of any kind shall be permitted within this area. Any violation of the rule by any party or its representative or agent may be grounds for setting aside the election.
(5) Challenged ballots. Any prospective voter may be challenged for cause. A challenged voter shall be permitted to vote but the ballot shall not be cast. It shall instead be sealed in a separate, unmarked envelope under the supervision of the agent of the Board, and then inserted in a special identifiable form envelope provided by the Board for that purpose, and then placed in the ballot box.
(6) Pre-election conference.
(A) A pre-election conference shall be held before the election to check the eligibility list. Labor organizations may examine the eligibility list, and raise any questions concerning listings or omissions. Names may be added or deleted from the list. Where a labor organization asserts that a name should be added and the corporate authority disagrees, the name shall not be added to the list, but it shall be understood that the individual may appear at the voting place to cast a challenged ballot. Where a labor organization contends that a name should be stricken from the list, but no agreement is reached, the organization's observer may challenge the voter when s/he appears to vote.
(B) After the list has been checked, all parties should initial the list, and the initialed list will be the official eligibility list. Initialing is not to be construed as a waiver of the right of challenge.
(7) Majority. In all elections, a majority of the valid votes cast shall determine the exclusive bargaining agent designated or selected by the employees in the defined appropriate unit; or the determination that no representative has been designated.
(8) Canvass. Each party to the election shall be permitted to observe the canvass of the ballots.
(9) Objections. All objections to any party's conduct during an election, and all exceptions to the Board's conduct of an election, shall be filed within five (5) working days of the closing of the polls with copies of the same being mailed to all parties in the proceeding, with postage prepaid thereon. The Board shall take such action as is reasonably calculated to accomplish the objectives and to carry out the duties prescribed by the Act.
(10) Run-off election. The Board shall conduct a run-off election when an election in which the ballot provides for not less than three (3) choices, i.e., at least two representatives, and the election results in no choice receiving a majority of the valid ballots cast. The ballot in the run-off election shall provide for a selection between the two choices receiving the largest number of votes. The Board shall conduct the run-off election expeditiously.
585:15-5-2. Certification of election results [REVOKED]
(a) If the challenged ballots are insufficient in number to affect the result of an election to determine an exclusive bargaining agent, and if no run-off election is to be held, the Board shall forthwith issue to the parties a certification of the results of the election, including certification of an exclusive bargaining agent, where appropriate.
(b) The Board's certification as to the result of the election and the exclusive bargaining agent shall be final, subject only to being modified, revoked, or sustained in a hearing on any objections to the conduct of the parties or conduct of the Board. Time for appeal shall not commence to run until such time as the Board issues an order on any objections filed as to the conduct of the parties or conduct of the Board.
(c) The Board may also certify a labor organization as the exclusive bargaining agent if it determines that a free and untrammeled election cannot be conducted because of the employer's unfair labor practice.