19 Del. Admin. Code § 3002-4.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 3002-4.0 - Election Procedures

4.1 Ballots

4.1.1 All elections shall be by secret ballot, at times, places and in such manner as the Board may direct. Such elections shall be conducted by the Executive Director, whose determination of all questions arising shall be final, subject however to review by the Board, in accord with the procedures set forth in Section 7.4.

4.1.2 Ballots shall be prepared and issued by the Board. Ballots shall contain the name of each representative and a choice of "No Representative". The place of priority on the ballot shall be determined by lot. In a runoff election, the choices listed shall be in the same places on the ballot with respect to each other as they were on the ballot for the prior inconclusive election.

4.1.3 Elections shall be conducted within thirty (30) days after the issuance of either a Bargaining Unit Determination or Notice of Decertification Petition (Attachment A). The date and time of an election shall be established by the Executive Director who will consider any mutual agreement by the parties. Unless otherwise designated by the Board, elections shall occur on a work day between hours mutually agreed upon by the parties. A list of the voting locations and the designation of which employees will vote at those locations will be available at each location.

4.1.4 Campaigning shall be controlled under 14 Del.C. § 4007, 19Del.C. § 1607 or 19Del.C. § 1307.

4.1.5 Prior to the commencement of the election the Executive Director shall designate the polling area and no electioneering of any kind shall take place within this area during the election period.

4.2 Notice of Election

4.2.1 A Notice of Election (Attachment B) shall be posted in a conspicuous place in each building where affected employees work and in the office of the public employer. The Notice of Election shall be posted at least ten (10) days prior to the election.

4.2.2 The Executive Director shall supply the public employer with the Notice of Election at least seventeen (17) days prior to the election. It shall be the responsibility of the employer to post the Notice of Election.

4.2.3 The public employer shall complete and return the Certification of Posting form (Attachment C) to the Executive Director.

4.3 Voter Eligibility/Lists of Voters

4.3.1 Excelsior List. Within seven (7) days after the Executive Director has issued a Bargaining Unit Determination or a Notice of Decertification Petition, or otherwise directed that a representation election be conducted, the employer must file with the Executive Director an election eligibility list, containing the names and addresses of all eligible voters. The employer shall simultaneously provide copies of this list to all other parties to the election. Failure by the employer to comply with this requirement may be grounds for setting aside the election whenever proper objections are filed.

4.3.2 All public employees who are included within the designated bargaining unit and who were employed as of the end of the pay period which immediately precedes an election or who were on approved leave of absence shall be eligible to vote.

4.3.3 At least seven (7) calendar days prior to the date of an election, the public employer shall submit to the Board and other parties appearing on the ballot, an alphabetical list of the names and classifications, and work sites of all eligible voters.

4.3.4 Any challenges to the validity or completeness of the employee eligibility list must be received, in writing, by the Executive Director not later than three (3) days prior to the date of the election. The writing shall set forth the reasons for the challenge. Listed employees who are not challenged as provided for above shall be eligible to vote and no further challenges to their eligibility will be honored at the polls.

4.4 Challenged Voters/Challenge Procedures. At the time of the elections:

4.4.1 Any prospective voter may be challenged for cause.

4.4.2 Any employee whose name does not appear upon the list certified by the Board as being a complete list of employees within the defined appropriate unit shall be challenged by an agent of the Board.

4.4.3 A challenged voter shall vote but his ballot shall not be cast. It shall instead be sealed in a separate, unmarked envelope under the supervision of the designated agent of the Board and then inserted in a specially identifiable form envelope provided by the Board and retained by the designated agent of the Board.

4.4.4 The challenged ballots shall only be referred to if they could affect the outcome of the election. If challenged ballots must be referred to, then each challenge shall first be resolved. Upon resolution of the challenge, if the ballots are legitimate, they shall be counted.

4.5 Observers

4.5.1 The public employer and each employee organization which appears on the ballot shall be permitted to appoint one election observer and one alternate for each voting location. The public employer and each employee organization which appears on the ballot shall complete Attachment D and return it to the Executive Director seven (7) days prior to the election. Detailed instructions for the election observers are found in Attachment E.

4.5.2 The public employer and each employee organization which appears on the ballot shall also be permitted to appoint one representative to observe the official counting of the ballots by completing Attachment F and returning it to the Executive Director seven (7) days prior to the election.

4.6 Counting of Ballots

4.6.1 In certification elections, an exclusive representative must receive a majority of the valid votes cast to be certified as the employee representative designated or selected by the employees in the defined appropriate unit.

4.6.2 In decertification elections, an exclusive representative is decertified when a majority of the valid votes cast are for decertification.

4.6.3 The Board will conduct runoff elections not more than forty five (45) days nor less than fifteen (15) days after an inconclusive election. The ballot in a runoff election shall contain the two choices on the original ballot that received the largest number of votes. Only one additional election shall be conducted pursuant to this section.

4.7 Voting Results. Upon completion of the counting of the ballots, the Executive Director shall advise the authorized representatives of the parties of the voting results in writing. (Attachment K)

4.8 Challenges and Exceptions

4.8.1 Within five (5) days after receipt of the results of the voting, as provided for in Regulation 4.7 above, any party may file with the Executive Director the original and four copies of objections to the conduct of the election or conduct affecting the results of the election. Such objections shall contain a statement of the reasons therefore. Copies of such objections shall simultaneously be served upon each of the other parties by the filing party and proof of service shall be filed with the Executive Director.

4.8.2 The original and four (4) copies of an answer to any filed objection may be filed with the Executive Director within five (5) days from the date of service of the objections. Copies of any such answer shall simultaneously be served by every other party, by the responding party, with proof of service being filed with the Executive Director. Any answer submitted shall contain a statement of facts upon which the refutation of the objection is based.

4.8.3 If objections are filed to the conduct of an election or to conduct affecting the results of an election, or if challenged ballots are sufficient in number to possibly affect the results of an election, the Executive Director shall investigate such objections or challenges. A hearing may also be held, in accord with the provisions set forth in Section 7, if deemed necessary.

4.8.4 The Executive Director shall either dismiss the objections and/or voter challenges, order the counting of some or all of the challenged ballots, or hold a hearing, if necessary. In all cases, he shall then certify the results of the election, or he may set aside the previous election and order a new election.

4.8.5 The decision of the Executive Director shall be subject to review by the Board in accordance with the procedures set forth in Section 7.4

19 Del. Admin. Code § 3002-4.0