8 CSR 40-2.160 - Election Procedure
(1) For in-person elections each of the
interested parties may designate two (2) persons as observers at the polls,
subject to such limitations as the chair may prescribe. Unless otherwise
stipulated by the interested parties, observers must be nonsupervisory
employees of the public employer.
(2) Any observer or the chair, for good
cause, may challenge an employee's eligibility to vote. If submitted on paper,
challenged ballots shall be folded, placed in a sealed envelope with the name
of the voter plainly written on the outside. Challenged ballots will not be
considered unless they might affect the results of the election, in which case
the chair shall investigate and determine the eligibility to vote of the
persons whose ballots are challenged. Challenged ballots which are disallowed
will be destroyed. Challenged ballots which are allowed will be counted. The
names of the persons whose ballots are challenged shall be made a part of the
record of the election proceedings. Challenged ballots for mail-in or
electronic elections must be made prior to delivery of the ballots to
voters.
(3) All elections shall be
by secret ballot and shall be conducted so as to ensure, to the satisfaction of
the board, the security and privacy of each public employee's vote. In addition
to voting at the public body's place of business, mail-in (including e-mail or
electronic) voting shall be allowed at the discretion of the chair.
(4) Ballots may not be tallied until after
the posted time for the closing of the polls unless all eligible voters have
cast their ballots. Upon the conclusion of the election, the chair shall
furnish the parties with a tally of the ballots.
(5) An organization shall be certified if it
receives a majority of the votes cast.
(6) Within ten (10) days, excluding
Saturdays, Sundays, and legal holidays, after the tally of ballots has been
furnished, any party may file with the board objections to the conduct of the
election or conduct affecting the results of the election, which shall contain
a short statement of the reasons therefore. Such filing must be timely whether
or not the challenged ballots are sufficient in number to affect the results of
the election. Copies of such objections shall be served simultaneously on the
other parties by the party filing them and a statement of service shall be
made.
(7) If no objections are
filed within the time set forth previously, and if the challenged ballots are
insufficient in number to affect the result of the election, and if no runoff
election is to be held, the chair shall forthwith issue to the parties a
certification of the results of the election, including certification of
representative, where appropriate.
(8) If objections are filed to the conduct of
the election or conduct affecting the result of the election or if the
challenged ballots are sufficient in number to affect the result of the
election, the chair shall investigate such objections or challenges or
both.
(9) Where objections are
filed or challenges are determinative, the chair shall conduct an investigation
and, where appropriate, shall issue a notice of hearing for the board to hear
the matters alleged and to issue a report and recommendations. The objecting
party shall bear the burden of proof regarding all matters alleged in the
objections to the conduct of the election or conduct affecting the results of
the election.
(10) When the
certification of the results of the election is issued, any petition requiring
the holding of an election in any bargaining unit or subdivision of the
bargaining unit is prohibited until one (1) year has lapsed from the date of
issuance. Petitions prohibited are those filed on behalf of a public employee,
group of public employees, any individual or employee organization or the
public employer.
Notes
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