(a) At least 30 percent of the employees in the
bargaining unit seeking recognition, alleging that they wish to be
represented in collective bargaining by an employee organization
as their exclusive representative or asserting that the employee
organization which has been certified by the board is no longer
the representative of the majority of employees in the bargaining
unit; or
(b) An employer alleging that one or more
employee organizations has petitioned to be recognized as the
exclusive representative of a majority of employees in a
bargaining unit;
the board shall investigate such petition and
may hold hearings for the purpose of determining whether or not
grounds exist for conducting an election. Upon so finding, the
board shall order an election to be held under its supervision and
in accordance with rules adopted by the board under RSA 273-C:12.
Otherwise, it shall dismiss the petition.
II. The petition shall consist of separate forms
for each employee, whose names shall not be disclosed.
III. The ballot shall contain a space permitting
a vote against representation by any employee organization
whatever; and no election shall be held within 12 months after an
election in which a majority of those voting cast ballots against
representation by any employee organization.
IV. An employee organization receiving a simple
majority of the votes cast shall be certified by the board as the
exclusive representative of the bargaining unit. In the absence of
a simple majority, a run-off election shall be conducted between
the 2 options receiving the most votes.
V. The board shall not certify any employee
organization as the exclusive representative of a bargaining unit
without an election being held pursuant to this section, except as
provided in RSA 273-C:9, IV.
VI. (a) Certification as exclusive
representative shall remain valid until the employee organization
is dissolved, voluntarily surrenders certification, loses a valid
election or is decertified.
(b) The board shall decertify any employee
organization which is found in a judicial proceeding to
discriminate with regard to membership, or with regard to the
conditions thereof, because of age, sex, race, color, creed,
marital status or national origin; or has systematically failed to
allow its membership equal participation in the affairs of the
employee organization.
(c) Any challenge to a certified exclusive
bargaining representative, whether in a decertification election
or a challenge by another labor organization, shall result in
decertification or change in bargaining representation if
decertification or the challenging organization is approved by a
majority vote of members of the bargaining unit voting.
VII. Two or more bargaining units may, with the
approval of the affected employer, combine for the purpose of
engaging in collective bargaining negotiations with a single
employer and the bargaining unit thus created shall enjoy the same
rights and be subject to the same duties as if a single exclusive
representative for the combined bargaining unit had been certified
by the board.
