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This entry was published on 2020-04-17
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Representatives and elections
§ 705. Representatives and elections. 1. Representatives designated by
the board after a showing of majority interest or selected for the
purposes of collective bargaining by the majority of the employees in a
unit appropriate for such purposes or by the majority of the employees
voting in an election conducted pursuant to this section shall be the
exclusive representatives of all the employees in the appropriate unit
for the purposes of collective bargaining in respect to rates of pay,
wages, hours of employment, or other conditions of employment: Provided,
that employees, directly or through representatives, shall have the
right at any time to present grievances to their employer.

The board shall designate a representative for purposes of collective
bargaining when such representative demonstrates a showing of majority
interest by employees in the unit. In cases where the parties to a
dispute are without agreement on the means to ascertain the choice, if
any, of employee organization as their representative, the board shall
ascertain such employees' choice of employee organization, on the basis
of dues deduction authorization and other evidence, or if necessary by
conducting an election. In the event that either party provides to the
board, prior to the designation of a representative, clear and
convincing evidence that the dues deduction authorizations, and other
evidence upon which the board would otherwise rely to ascertain the
employees' choice of representative, are fraudulent or were obtained
through coercion, the board shall promptly thereafter conduct an
election. The board shall also investigate and consider a party's
allegations that the dues deduction authorizations and other evidences
submitted in support of a designation of representative without an
election were subsequently changed, altered, withdrawn or withheld as a
result of employer fraud, coercion or any other unfair employer labor
practice as defined in section seven hundred four of this article. If
the board determines that a representative would have had a majority
interest but for the employer's fraud, coercion or unfair labor
practice, it shall designate the representative without the conduct of
an election.

1-a. If the choice available to the employees in a negotiating unit is
limited to selecting or rejecting a single employee organization, that
choice shall be ascertained by the board on the basis of dues deduction
authorizations instead of by an election. In such case, the employee
organization involved will be certified without an election if a
majority of the employees within the unit have executed a showing dues
deductions authorizations.

1-b. The board shall determine whether any supervisory employee shall
be excluded from any negotiating unit that includes rank-and-file farm
laborers; provided, however, that nothing in this subdivision shall be
construed to limit or prohibit any supervisory employee from organizing
a separate negotiating unit.

2. The board shall decide in each case whether, in order to insure to
employees the full benefit of their right to self-organization, to
collective bargaining and otherwise to effectuate the policies of this
article, the unit appropriate for the purposes of collective bargaining
shall be the employer unit, multiple employer unit, craft unit, plant
unit, or any other unit; provided, however, that in any case where the
majority of employees of a particular craft, or in the case of a
non-profitmaking hospital or residential care center where the majority
of employees of a particular profession or craft, shall so decide the
board shall designate such profession or craft as a unit appropriate for
the purpose of collective bargaining.

3. Whenever it is alleged by an employee or his representative, or by
an employer or his representative, that there is a question or
controversy concerning the representation of employees, the board shall
investigate such question or controversy and certify in writing to all
persons concerned the name or names of the representatives who have been
designated or selected. In any such investigation the board shall
provide for an appropriate hearing upon due notice, either in conjuction
with a proceeding under section seven hundred six or otherwise, and may
conduct an election by secret ballot of employees, or use any other
suitable method to ascertain such representatives (either before or
after the aforesaid hearing), provided, however, that the board shall
not have authority to investigate or determine any question or
controversy between individuals or groups within the same labor
organization nor between labor organizations affiliated with the same
parent labor organization concerning the internal affairs of any labor
organization but nothing contained in this proviso shall be deemed to
preclude the board from investigating and determining which, if any, of
affiliated groups or labor organizations have been designated or
selected by employees as their representatives for the purposes of
collective bargaining within the meaning of this article.

4. The board shall have power to determine who may participate in the
election and to establish the rules governing any such election:
Provided, that no election need be directed by the board solely because
of the request of an employer or of employees prompted thereto by their
employer, nor shall any individuals employed only for the duration of a
strike or lockout be eligible to vote in such election; and provided
further, that no such election shall be conducted under the employer's
supervision, or, except as may be required by the board, on the
employer's property, during working hours, or with his participation or

5. If at an election conducted pursuant to this section three or more
nominees for exclusive collective bargaining representatives appear on
the ballot and no one of them receives a majority of the votes cast at
the election, the two nominees who received the highest number of votes
shall appear on the ballot of a second election to be conducted
hereunder, and the one receiving a majority of the votes cast at the
second election shall be the exclusive representative of all the
employees in such unit for the purpose of collective bargaining in
respect to rates of pay, wages, hours of employment, or other conditions
of employment.

6. A labor organization nominated as the representative of employees
shall be listed by name on the ballots authorized by subdivision three
of this section. In any investigation conducted by the board pursuant to
this section the board may make a finding as to whether any committee,
employee representation plan, or association of employees involved is a
company union, and if any such committee, employee representation plan,
or association of employees be found to be a company union, it shall not
be listed on the ballots, certified or otherwise recognized as eligible
to be the representative of employees under this article.