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American Federation of State, County and Municipal Employees Complainant v. City of Claremont Respondent |
Case
No. A-0582 Decision No. 1998-020 |
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ORDER DIRECTING ELECTION Pursuant to an Order of Election dated January 7, 1998, a bargaining agent election was held in the Council Chambers, City Hall, Claremont, New Hampshire on Friday, February 27, 1998 from 10:00 a.m. to 11:00 a.m. with all nineteen (19) eligible voters participating and voting. At the conclusion of the voting, the ballots were tabulated with the result of nine (9) votes for Local 1348, nine (9) votes for no representation, and one (1) vote with the word "yes" handwritten inside the box for representation by Local 1348. The City filed a challenge to the one ballot with the "yes" written in the box for representation by the Union, saying it was an impermissible extraneous mark contrary to instructions on the Notice of Election and the ballot itself. The City's challenge was timely filed under Rule PUB 303.08 and 303.11. The Board heard the parties on their respective positions relating to the challenged ballot on March 12, 1998 at its offices in Concord, New Hampshire. At the conclusion of those proceedings, the Board determined that there was an extraneous writing on the nineteenth ballot, that without its being resolved there was a tie vote, and that another election should be conducted. Such election is directed to be conducted at the Council Chambers, Claremont City Hall, Claremont, New Hampshire on Wednesday, March 25, 1998 from 10:00 a.m. to 11:00 a.m. with appropriate notice to be given therefore. So ordered. Signed this 19th day of March, 1998. /s/ Jack Buckley
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