§ 4-5-308. SAME - CONDUCT.

(a)

"Majority" defined. In this section, "majority" means 50% plus one of the valid votes cast in a representation unit.

(b)

In general. The election shall be conducted according to the procedures established by the impartial third party agency conducting the election.

(c)

Majority required for certification. An employee organization shall be certified as exclusive representative following an election if the employee organization has received the vote of a majority of the valid votes cast in the representation unit in which the election is held.

(d)

Election with three or more choices.

(1)

If an election includes three or more choices and no choice receives a majority of the valid votes cast, the impartial third party agency shall conduct a runoff election between the two choices that received the largest number of valid votes cast.

(2)

The choice receiving the majority of the valid votes cast in the runoff election shall be certified.

(e)

Certification of results. The impartial third party agency conducting the election shall issue to all the participants in an election a certification of:

(1)

Representation, if an employee organization is certified; or

(2)

Results of the election, if no representative is chosen.

(1988 Code, § 25-56) (Bill No. 147-97, § 1, 1-26-1998; Bill No. 66-99, § 2, 7-1-2004; Bill No. 71-03, § 3, 7-1-2004)