§ 4111. — Exclusive recognition.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 22USC4111]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER X--LABOR-MANAGEMENT RELATIONS
Sec. 4111. Exclusive recognition
(a) Secret ballot election; majority vote
The Department shall accord exclusive recognition to a labor
organization if the organization has been selected as the
representative, in a secret ballot election, by a majority of the
employees in a unit who cast valid ballots in the election.
(b) Investigation of petition; hearing; supervision of election;
certification of results; length of time between elections
If a petition is filed with the Board--
(1) by any person alleging--
(A) in the case of a unit for which there is no exclusive
representative, that 30 percent of the employees in the unit
wish to be represented for the purpose of collective bargaining
by an exclusive representative, or
(B) in the case of a unit for which there is an exclusive
representative, that 30 percent of the employees in the unit
alleged that the exclusive representative is no longer the
representative of the majority of the employees in the unit; or
(2) by any person seeking clarification of, or an amendment to,
a certification then in effect or a matter relating to
representation;
the Board shall investigate the petition, and if it has reasonable cause
to believe that a question of representation exists, it shall provide an
opportunity for a hearing (for which a transcript shall be kept) after
reasonable notice. If the Board finds on the record of the hearing that
a question of representation exists, the Board shall supervise or
conduct an election on the question by secret ballot and shall certify
the results thereof. An election under this subsection shall not be
conducted in any unit within which a valid election under this
subsection has been held during the preceding 12 calendar months or with
respect to which a labor organization has been certified as the
exclusive representative during the preceding 24 calendar months.
(c) Intervention of labor organizations; placement on ballot
A labor organization which--
(1) has been designated by at least 10 percent of the employees
in the unit; or
(2) is the exclusive representative of the employees involved;
may intervene with respect to a petition filed pursuant to subsection
(b) of this section and shall be placed on the ballot of any election
under subsection (b) of this section with respect to the petition.
(d) Eligibility to vote; regulations; choices on ballot; preferential
voting; certification as exclusive representative
(1) The Board shall determine who is eligible to vote in any
election under this section and shall establish regulations governing
any such election, which shall include regulations allowing employees
eligible to vote the opportunity to choose--
(A) from labor organizations on the ballot, that labor
organization which the employees wish to have represent them; or
(B) not to be represented by a labor organization.
(2) In any election in which more than two choices are on the
ballot, the regulations of the Board shall provide for preferential
voting. If no choice receives a majority of first preferences, the Board
shall distribute to the two choices having the most first preferences
the preferences as between those two of the other valid ballots cast.
The choice receiving a majority of preferences shall be declared the
winner. A labor organization which is declared the winner of the
election shall be certified by the Board as the exclusive
representative.
(e) Submission of required material
A labor organization seeking exclusive recognition shall submit to
the Board and to the Department a roster of its officers and
representatives, a copy of its constitution and bylaws, and a statement
of its objectives.
(f) Grounds for denial of exclusive recognition status
Exclusive recognition shall not be accorded to a labor
organization--
(1) if the Board determines that the labor organization is
subject to corrupt influence or influences opposed to democratic
principles; or
(2) in the case of a petition filed under subsection (b)(1)(A)
of this section, if there is not credible evidence that at least 30
percent of the employees wish to be represented for the purpose of
collective bargaining by the labor organization seeking exclusive
recognition.
(g) Waiver of hearings; consent elections
Nothing in this section shall be construed to prohibit the waiving
of hearings by stipulation for the purpose of a consent election in
conformity with regulations and rules or decisions of the Board.
(Pub. L. 96-465, title I, Sec. 1011, Oct. 17, 1980, 94 Stat. 2134.)
Section Referred to in Other Sections
This section is referred to in sections 4102, 4118 of this title.
