D.C. Mun. Regs. tit. 6, r. 6-B510

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 6-B510 - ELECTION PROCEDURES: GENERAL
510.1

Representation elections will be conducted by the Board or by an impartial body selected by the mutual agreement of the parties. The parties to a representation election must inform the Board as to whether they have selected by mutual agreement an impartial body to conduct the election. If they inform the Board that they have not selected an impartial body, the Board will conduct the election.

510.2

All elections must be by secret ballot.

510.3

The agent of the Board or other impartial body conducting the election must furnish to the agency and to the labor organization(s) that are parties to the proceeding an official notice setting forth the details of the election. This notice must be posted not less than seven (7) days before the date of the election and must remain posted until after the election. Copies of the Notice must be distributed in a manner by which notices are normally distributed.

510.4

In any election, each party to the election may be represented at each polling place by an equal, predesignated number of poll watchers of its choice, subject to limitations that are either prescribed by the agent of the Board or other impartial body or mutually agreed upon by the parties and approved by the Board.

510.5

Each party must submit the names(s) of its designated observer(s) to the agent of the Board or other impartial body before the day of the election. The observers represent their principals, challenging voters and generally monitoring the election process.

510.6

When an election involves a bargaining unit containing professional and non-professional employees, all professional employees must be given two (2) ballots: one for indicating whether they desire a combined professional/nonprofessional unit and a second for indicating the choice of representative, if any.

510.7

If the choice available to employees in an appropriate unit is limited to the selection or rejection of a single labor organization, the employing agency has submitted a written waiver of a hearing, and the Board cannot determine whether a majority of the proposed bargaining unit wish to be represented by the petitioning labor organization or the employing agency chooses not to voluntarily recognize the appropriate unit, an election pursuant to §§ 512 or 513 will be conducted.

510.8

Parties are encouraged to enter into election agreements. If the parties are unable to agree on procedural matters-specifically, the eligibility period, method of election, dates, hours, or locations of the election-the Executive Director will decide election procedures and issue a direction of election, without prejudice to the rights of a party to file objections to the procedural conduct of the election.

510.9

When there is no intervening labor organization, an election will not be held if the petitioner provides the Executive Director with a written request to withdraw the petition. When there is an intervenor and the petitioner provides the Executive Director with a written request to withdraw the petition, an election will be held if the intervenor presents a thirty percent (30%) showing of interest within the time period established by the Executive Director.

510.10

The parties may consent to an election without holding a hearing on the appropriateness of the unit.

D.C. Mun. Regs. tit. 6, r. 6-B510

Final Rulemaking published at 37 DCR 5267 (August 10, 1990); amended by Final Rulemaking published at 62 DCR 12688 (10/1/2015); amended by Final Rulemaking published at 67 DCR 4508 (5/1/2020)