Section Pub 303.09 - Majority Vote Required; Run-Off Election(a) In all elections, the majority of the votes properly cast shall determine whether any employee organization shall become the exclusive representative of the bargaining unit for which the election was held, and which employee organization it shall be.(b) In elections conducted for bargaining units proposed to be composed of professional and non-professional employees, the ballots for both groups shall be kept separate and shall be counted separately. A majority of both groups shall be required to vote for inclusion in a combined professional and non-professional bargaining unit before any employee organization shall be certified for such a unit.(c) If there are more than 2 choices or options on the ballot and no choice receives a majority of the votes properly cast, the board shall, after disposing of all challenges and objections to the conduct of the election, order a run-off election to be held as expeditiously as possible between the 2 options receiving the most votes, as required by RSA 273-A:10, IV. If there is a tie for second place, all options receiving the second highest number of votes shall be placed on the runoff ballot together with the option receiving a plurality of votes. If there is a tie for first place, only options tied for first place shall be placed on the runoff ballot.(d) If 2 options appear on the ballot and each receives the same number of votes so that neither has received a majority, no election shall be scheduled consequential to the tied election.(e) All employees eligible to belong to the bargaining unit up to the end of the eligibility period shall be eligible to vote in the run-off election. The public employer shall update the voting list by delivering to each party receiving a copy of the original list the name and classification of any person newly eligible for inclusion in the bargaining unit up to the end of the eligibility period for the run-off election.N.H. Admin. Code § Pub 303.09
#2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91
New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00, EXPIRED: 1-8-08
New. #9114, INTERIM, eff 3-27-08, EXPIRED: 9-23-08
New. #9441-B, eff 3-27-09
Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12378-B, Effective 9/13/2017, Expires 9/13/2027.