Section 67A.6905 - Election of exclusive representative(1) Whenever, in accordance with administrative regulations that may be promulgated by the cabinet, a petition has been filed:(a) By a police officer, group of police officers, firefighter personnel, a firefighter, group of firefighters, a corrections officer, group of corrections personnel, or any labor organization acting on behalf of thirty percent (30%) of the employees who have signed labor organization affiliation cards and the labor organization showing proof of representation: 1. Alleging that they wish to be represented for collective bargaining by a labor organization as exclusive representative; or2. Asserting that the labor organization which has been certified or is currently being recognized by the urban-county government as bargaining representative is no longer the representative of the majority of employees in the unit; or(b) By an urban-county government alleging that one (1) or more labor organizations has presented to it a claim to be recognized as the representative of the majority of police officers, firefighter personnel, firefighters, or corrections personnel in an appropriate unit; the cabinet shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, shall provide for an appropriate hearing upon due notice. If the cabinet finds that there is a question of representation, it shall direct an election by secret ballot to determine whether or by which labor organization the police officers, firefighter personnel, firefighters, or corrections personnel desire to be represented, and shall certify the result thereof to the legislative council of the urban-county government.
(2) The cabinet shall decide in each case, in order to assure police officers, firefighter personnel, firefighters, and corrections personnel the fullest freedom in exercising the rights guaranteed by this section, the unit appropriate for the purposes of collective bargaining, based on such factors as community of interest, wages, hours, and other working conditions of the police officers, firefighter personnel, firefighters, or corrections personnel involved; the history of collective bargaining; and the desires of the police officers, firefighter personnel, firefighters, or corrections personnel.(3) An election shall not be directed in any bargaining unit or in any subdivision thereof within which in the preceding twelve (12) month period a valid election has been held. The cabinet shall determine who is eligible to vote in the election and shall promulgate administrative regulations governing the election. In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted and the ballot shall provide for the selection between the two (2) choices receiving the largest and the second largest number of valid votes cast in the election. A labor organization which receives the majority of the votes cast in an election shall be certified by the cabinet as exclusive representative of all the police officers, firefighter personnel, firefighters, or corrections personnel in the unit.(4) Nothing in this or any other law shall be construed to prohibit recognition of a labor organization as the exclusive representative by an urban-county government by mutual consent.(5) No election shall be directed by the cabinet in any bargaining unit where there is in force and effect a valid collective bargaining agreement; provided, however, no collective bargaining agreement shall bar an election upon the petition of persons not parties thereto where more than four (4) years have elapsed since the execution of the agreement or the last timely renewal, whichever was later.Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 61, effective7/15/2010. -- Amended 2006, Ky. Acts ch. 177, sec. 5, effective 7/12/2006. -- Created 2004, Ky. Acts ch. 100, sec. 5, effective 7/13/2004.