N.H. Admin. Code § Pub 303.09 - Majority Vote Required; Run-Off Election
(a) In all elections, the majority
of the votes properly cast shall determine whether any employee
organization shall become the exclusive representative of the
bargaining unit for which the election was held, and which employee
organization it shall be.
(b) In elections conducted for
bargaining units proposed to be composed of professional and
non-professional employees, the ballots for both groups shall be kept
separate and shall be counted separately. A majority of both groups
shall be required to vote for inclusion in a combined professional
and non-professional bargaining unit before any employee organization
shall be certified for such a unit.
(c) If there are more than 2
choices or options on the ballot and no choice receives a majority of
the votes properly cast, the board shall, after disposing of all
challenges and objections to the conduct of the election, order a
run-off election to be held as expeditiously as possible between the
2 options receiving the most votes, as required by
RSA
273-A:10, IV. If
there is a tie for second place, all options receiving the second
highest number of votes shall be placed on the runoff ballot together
with the option receiving a plurality of votes. If there is a tie for
first place, only options tied for first place shall be placed on the
runoff ballot.
(d) If 2
options appear on the ballot and each receives the same number of
votes so that neither has received a majority, no election shall be
scheduled consequential to the tied election.
(e) All employees eligible to
belong to the bargaining unit up to the end of the eligibility period
shall be eligible to vote in the run-off election. The public
employer shall update the voting list by delivering to each party
receiving a copy of the original list the name and classification of
any person newly eligible for inclusion in the bargaining unit up to
the end of the eligibility period for the run-off election.
Notes
#2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00, EXPIRED: 1-8-08
New. #9114, INTERIM, eff 3-27-08, EXPIRED: 9-23-08
New. #9441-B, eff 3-27-09
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