Okla. Admin. Code § 585:35-7-2

Current through Vol. 42, No. 3, October 15, 2024

Section 585:35-7-2 - Certification of election results

(a) If the challenged ballots are insufficient in number to affect the result of an election to determine an exclusive bargaining agent, and if no run-off election is to be held, the Board shall forthwith issue to the parties a certification of the results of the election, including certification of an exclusive bargaining agent, where appropriate.

(b) If the challenged ballots are sufficient in number to affect the results of an election, the Board shall determine the adequacy of the challenged ballots. Once the Board has made a ruling on the challenged ballots, they shall be counted accordingly and the Board shall then certify the results of the election.

(c) The Board's certification as to the result of the election and the exclusive bargaining agent shall be final, subject only to being modified, revoked, or sustained in a hearing on any objections to the conduct of the parties or conduct of the Board. Time for appeal shall not commence to run until such time as the Board issues an order on any objections filed as to the conduct of the parties or conduct of the Board.

(d) The Board may also certify a labor organization as the exclusive bargaining agent if it determines that a free and untrammeled election cannot be conducted because of the employer's unfair labor practice.

Okla. Admin. Code § 585:35-7-2

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.