Okla. Admin. Code § 585:35-7-1

Current through Vol. 42, No. 4, November 1, 2024

Section 585:35-7-1 - Election procedure

The following procedure shall be followed when conducting an election to determine the exclusive bargaining agent for a unit:

(1)General. All elections shall be by secret ballot, at times, places, and in such manner as the Board may direct, and may be conducted by the Administrator of the Board or a designated agent of the Board, whose determination of all questions arising shall be final, subject, however, to review by the Board.

(2)Ballots.

(A) Ballots shall be prepared and issued by the Board. The color of the ballot must not be disclosed to any of the parties prior to the opening of the polls. Ballots shall contain the name of each bargaining agent and a choice of "no representative" in inclusive elections.

(B) The places on the ballot shall be based on agreement among the parties if there is an agreement and on chance if there is no agreement among the parties. In the case of a run-off election involving two bargaining agents, their position on the ballot shall be the same as their position on the ballot during the first election.

(3)Observers. Each party to an election shall be entitled to be represented by an equal number of observers at each polling place. Observers on behalf of a bargaining agent shall be employees eligible to vote or other appropriate employees not on the list of eligible voters, but excluding supervisors and administrative officials except in cases of a supervisory unit.

(4)Polling area; electioneering. Prior to the commencement of the election, the agent of the Board shall designate the polling area and no electioneering of any kind shall be permitted within this area. Any violation of the rule by any party or its representative or agent may be grounds for setting aside the election.

(5)Challenged ballots. Any prospective voter may be challenged for cause. A challenged voter shall be permitted to vote but the ballot shall not be cast. It shall instead be sealed in a separate, unmarked envelope under the supervision of the agent of the Board, and then inserted in a special identifiable form envelope provided by the Board for that purpose, and then placed in the ballot box.

(6)Pre-election conference.

(A) A pre-election conference shall be held before the election to check the eligibility list.

(i) Employee organizations may examine the eligibility list, and raise any questions concerning listings or omissions.

(ii) Names may be added or deleted from the list.

(I) Where an employee organization asserts that a name should be added and the municipal employer disagrees, the name shall not be added to the list, but it shall be understood that the individual may appear at the voting place to present a challenged ballot.

(II) Where an employee organization contends that a name should be stricken from the list, but no agreement is reached, the organization's observer may challenge the voter, but it shall be understood that the individual may appear at the voting place to present a challenged ballot.

(B) After the list has been checked, all parties should initial the list, and the initialed list will be the official eligibility list. Initialing is not to be construed as a waiver of the right of challenge.

(7)Majority. In all elections, a majority of the valid votes cast shall determine the exclusive bargaining agent designated or selected by the employees in the defined appropriate unit; or the determination that no representative has been designated.

(8)Canvass. Each party to the election shall be permitted to observe the canvass of the ballots.

(9)Objections. All objections to any party's conduct during an election and all exceptions to the Board's conduct of an election, shall be filed within five (5) days of the closing of the polls with copies of the same being mailed to all parties in the proceeding with postage prepaid thereon. The Board shall take such action as is reasonably calculated to accomplish the objectives and to carry out the duties prescribed by the FPAA.

(10)Run-off election. The Board shall conduct a run-off election when an election in which the ballot provided for not less than three (3) choices, i.e., at least two representatives, resulted in no choice receiving a majority of the valid ballots cast. The ballot in the run-off election shall provide for a selection between the two choices receiving the largest number of votes. The Board shall conduct the run-off election expeditiously.

Okla. Admin. Code § 585:35-7-1

Added at 24 Ok Reg 1645, eff 6-11-07¹; Amended at 29 Ok Reg 1366, eff 6-25-12

¹See Editor's Note at beginning of this Chapter.