Timeliness of Petitions
(1)Election Bar. No election may be held for a bargaining unit or a subdivision of one in which a valid election has been held during the preceding 12-month period.
(2)Contract Bar. No representation election shall be conducted during the term of any lawful collective bargaining agreement between an employer and a labor organization. However, an agreement with a term of more than three years shall be a bar for only the first three years of its term.
(3)Certification Bar. The certification of an exclusive bargaining representative will serve as a bar to an election for a period of one year from the date of certification unless:
(a)The certified labor organization has dissolved or has become defunct; or
(b)A schism developed in the certified labor organization so that it cannot effectively represent bargaining unit members; or
(c)The size of the bargaining unit has fluctuated radically within a short period of time; or
(d)Other changed circumstances warrant waiver of the certification bar.
(4)Open Period for Filing. A petition for an election where a contract exists must be filed not more than 90 days and not less than 60 days before the end of the contract period. If a contract is for more than three years, a petition for election may be filed not more than 90 days and not less than 60 days before the end of the expiration of the first three ears of the contract or any time after three years from the effective date of the contract. However, if a new contract is negotiated after the third year of the contract, and prior to the filing of a petition for an election, the new contract shall serve as a contract bar.
Rule 115-060-0015 — Timeliness of Petitions,