D.C. Mun. Regs. tit. 6, r. 6-B515

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 6-B515 - CERTIFICATION OF ELECTION RESULTS
515.1

The Executive Director must prepare a report of election results that includes a tally of the ballots. The Executive Director must serve the report on each party, attaching a certificate of service.

515.2

No later than seven (7) days after the tally of ballots has been served, any party to the election proceeding may file with the Board objections to the election procedure or to any conduct that might have improperly affected the results of the election. The objecting party must include a specific statement of the reasons for each objection.

515.3

If the challenged ballots are sufficient in number to affect the results of the election or if objections are filed, the Executive Director, or other person designated by the Board, must conduct an investigation and make a report of findings to the Board. If the Board has reason to believe that such allegations or challenges may be valid, the Board must order a hearing on the matter within two (2) weeks after the date of receipt of the objections. Any hearing held pursuant to this subsection is investigatory and not adversarial.

515.4

Following its consideration of all challenges and objections, the Board may:

(a) Set aside the election and order that a new election be conducted;
(b) Issue a certification of representative; or
(c) Issue a certification of results that no union has been selected.
515.5

Except as provided in D.C. Official Code § 1-617.10(d), the Executive Director, on behalf of the Board, must certify the results of each election no later than ten (10) business days after the tally of ballots has been served.

515.6

Where there are three (3) or more choices on the ballot, an election in which (after any determinative challenges have been resolved) none of the choices receives a majority of the valid votes cast is considered an inconclusive election. In such case, the Board must order that another election be conducted between the two (2) choices on the original ballot that received the highest and next highest number of votes. In the event of a tie in the second election, the Board must certify the election results indicating that no representative was selected.

D.C. Mun. Regs. tit. 6, r. 6-B515

Final Rulemaking published at 37 DCR 5267 (August 10, 1990); as amended by Final Rulemaking published at 42 DCR 6383 (November 17, 1995); amended by Final Rulemaking published at 62 DCR 12688 (10/1/2015); amended by Final Rulemaking published at 67 DCR 4508 (5/1/2020)