Page:United States Statutes at Large Volume 94 Part 2.djvu/857

 PUBLIC LAW 96-465—OCT. 17, 1980

94 STAT. 2135

(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) and shall be placed on the ballot of any election under subsection Qo) with respect to the petition. (d)(1) The Board shall determine who is eligible to vote in any Regulations. 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) 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) 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), 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) 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. SEC. 1012. EMPLOYEES REPRESENTED.—The employees of the Depart- 22 USC 4112. ment shall constitute a single and separate worldwide bargaining unit, from which there shall be excluded— (1) employees engaged in personnel work in other than a purely clerical capacity; and (2) employees engaged in criminal or national security investigations or who audit the work of individuals to insure that their functions are discharged honestly and with integrity. SEC. 1013. REPRESENTATION RIGHTS AND DUTIES.—(a) A labor orga- 22 USC 4113. nization which has been accorded exclusive recognition is the exclusive representative of, and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit described in section 1012. An exclusive representative is responsible for representing the interests of all employees in that unit without discrimination and without regard to labor organization membership. (b)(l) An exclusive representative shall be given the opportunity to be represented at—

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