Page:United States Statutes at Large Volume 92 Part 1.djvu/1253

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1199

"(2) procedures which management officials of the agency will observe in exercising any authority under this section; or " (3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials. "SUBCHAPTER II—RIGHTS AND D U T I E S O F AGENCIES AND LABOR ORGANIZATIONS "§ 7111. Exclusive recognition of labor organizations " (a) An agency 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 an appropriate unit who cast valid ballots in the election. "(b) If a petition is filed with the Authority— "(1) by any person alleging— "(A) in the case of an appropriate unit for which there is no exclusive representative, that 30 percent of the employees in the appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or "(B) in the case of an appropriate unit for which there is an exclusive representative, that 30 percent of the employees in the unit allege 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 Authority 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 Authority finds on the record of the hearing that a question of representation exists, the Authority 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 appropriate unit or in any subdivision thereof within which, in the preceding 12 calendar months, a valid election under this subsection has been held. "(c) A labor organization which— " (1) has been designated by at least 10 percent of the employees in the unit specified in any petition filed pursuant to subsection (b) of this section; " (2) has submitted a valid copy of a current or recently expired collective bargaining agreement for the unit; or "(3) has submitted other evidence that it 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 such subsection (b) with respect to the petition. "(d) The Authority shall determine who is eligible to vote in any election under this section and shall establish rules governinar any such election, which shall include rules allowing empoyees eligible to vote the opportunity to choose— "(1) from labor organizations on the ballot, that labor organination which the employees wish to have represent them; or

5 USC 7lii.

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