Ohio Admin. Code 4117-5-09 - Determining results of election
(A) In
order to prevail in an election, a choice must receive more than fifty per cent
of the number equal to the total
number of valid ballots cast, provided, however, that in
. In any representation election in which the choices
are an employee organization and "no representative," and the resulting vote is
equally divided, it will be determined that "no representative" has
prevailed; provided, further, that in
. In a decertification election in which the resulting
vote is equally divided between the incumbent representative and "no
representative," it will be determined that the incumbent has
prevailed.
(B) When an election in
which the ballot provided for three or more choices results in no choice
receiving a majority of the valid ballots cast, the board shall direct a runoff
election. The ballot in a runoff election shall provide for selection
be between the two choices receiving the highest and
the second highest number of votes in the first election. Only employees who
were eligible to vote in the first election and who remain eligible on the date
of the runoff election shall be eligible to vote in the runoff election, unless
the board directs otherwise.
(C) In
a runoff election between two employee organizations,
with one of the employee organizations being the incumbent, and where the
results of the runoff election are equally divided between the employee
organizations, the incumbent prevails.
Notes
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 03/26/1984 (Emer.), 06/24/1984, 05/18/1987, 08/06/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 03/26/1984 (Emer.), 06/24/1984, 05/18/1987, 08/06/2015
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(A) In order to prevail in an election, a choice must receive more than fifty per cent of the number equal to the total number of valid ballots cast, provided, however, that in . In any representation election in which the choices are an employee organization and "no representative," and the resulting vote is equally divided, it will be determined that "no representative" has prevailed; provided, further, that in . In a decertification election in which the resulting vote is equally divided between the incumbent representative and "no representative," it will be determined that the incumbent has prevailed.
(B) When an election in which the ballot provided for three or more choices results in no choice receiving a majority of the valid ballots cast, the board shall direct a runoff election. The ballot in a runoff election shall provide for selection be between the two choices receiving the highest and the second highest number of votes in the first election. Only employees who were eligible to vote in the first election and who remain eligible on the date of the runoff election shall be eligible to vote in the runoff election, unless the board directs otherwise.
(C) In a runoff election between two employee organizations, with one of the employee organizations being the incumbent, and where the results of the runoff election are equally divided between the employee organizations, the incumbent prevails.
Notes
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 03/26/1984 (Emer.), 06/24/1984, 05/18/1987, 08/06/2015
Promulgated Under: 119.03
Statutory Authority: 4117.02(K)(8)
Rule Amplifies: 4117.02, 4117.07
Prior Effective Dates: 3/26/84 (Emer), 6/24/84, 5/18/87