22 USC 4111 – Exclusive recognition
(a) Secret ballot election; majority vote
The Department shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, in a secret ballot election, by a majority of the employees in a unit who cast valid ballots in the election.
(b) Investigation of petition; hearing; supervision of election; certification of results; length of time between elections
Terms Used In 22 USC 4111
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Board: means the Foreign Service Labor Relations Board, established by section 4106(a) of this title. See 22 USC 4102
- collective bargaining: means the performance of the mutual obligation of the management representative of the Department and of the exclusive representative of employees to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting employees, and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but this obligation does not compel either party to agree to a proposal or to make a concession. See 22 USC 4102
- Department: means the Department of State, except that with reference to the exercise of functions under this chapter with respect to another agency authorized by law to utilize the Foreign Service personnel system, such term means that other agency. See 22 USC 3902
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- exclusive representative: means any labor organization which is certified as the exclusive representative of employees under section 4111 of this title. See 22 USC 4102
- labor organization: means an organization composed in whole or in part of employees, in which employees participate and pay dues, and which has as a purpose dealing with the Department concerning grievances (as defined in section 4131 of this title) and conditions of employment, but does not include&mdash. See 22 USC 4102
- person: means an individual, a labor organization, or an agency to which this subchapter applies. See 22 USC 4102
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
If a petition is filed with the Board—
(1) by any person alleging—
(A) in the case of a unit for which there is no exclusive representative, that 30 percent of the employees in the unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or
(B) in the case of a unit for which there is an exclusive representative, that 30 percent of the employees in the unit alleged that the exclusive representative is no longer the representative of the majority of the employees in the unit; or
(2) by any person seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation;
the Board shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the Board finds on the record of the hearing that a question of representation exists, the Board shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this subsection shall not be conducted in any unit within which a valid election under this subsection has been held during the preceding 12 calendar months or with respect to which a labor organization has been certified as the exclusive representative during the preceding 24 calendar months.
(c) Intervention of labor organizations; placement on ballot
A labor organization which—
(1) has been designated by at least 10 percent of the employees in the unit; or
(2) is the exclusive representative of the employees involved;
may intervene with respect to a petition filed pursuant to subsection (b) and shall be placed on the ballot of any election under subsection (b) with respect to the petition.
(d) Eligibility to vote; regulations; choices on ballot; preferential voting; certification as exclusive representative
(1) The Board shall determine who is eligible to vote in any election under this section and shall establish regulations governing any such election, which shall include regulations allowing employees eligible to vote the opportunity to choose—
(A) from labor organizations on the ballot, that labor organization which the employees wish to have represent them; or
(B) not to be represented by a labor organization.
(2) In any election in which more than two choices are on the ballot, the regulations of the Board shall provide for preferential voting. If no choice receives a majority of first preferences, the Board shall distribute to the two choices having the most first preferences the preferences as between those two of the other valid ballots cast. The choice receiving a majority of preferences shall be declared the winner. A labor organization which is declared the winner of the election shall be certified by the Board as the exclusive representative.
(e) Submission of required material
A labor organization seeking exclusive recognition shall submit to the Board and to the Department a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives.
(f) Grounds for denial of exclusive recognition status
Exclusive recognition shall not be accorded to a labor organization—
(1) if the Board determines that the labor organization is subject to corrupt influence or influences opposed to democratic principles; or
(2) in the case of a petition filed under subsection (b)(1)(A), if there is not credible evidence that at least 30 percent of the employees wish to be represented for the purpose of collective bargaining by the labor organization seeking exclusive recognition.
(g) Waiver of hearings; consent elections
Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules or decisions of the Board.