Human Resources Management for Public and Nonprofit Organizations

Labor - Management Relations 349

compliant, the FLRA would exercise direct jurisdiction over the state ’ s public

safety collective bargaining. In the Senate, the Public Safety Employer -

Employee Cooperation Act was introduced by Senators Judd Gregg

(R - New Hampshire) and Ted Kennedy (D - Massachusetts) as S. 2123. If

supported by the Senate and signed into law by President Bush, it would

establish a national system of minimum collective bargaining standards

for most of the nation ’ s public safety offi cers, including law enforcement

offi cers, fi refi ghters, and other emergency service personnel employed by

state and local governments.

Selection of a Bargaining Representative

The labor - management relations acts also contain specifi c procedures

for selecting an exclusive bargaining representative. Exclusive recognition

is the term applied when one union has the right and responsibility

to speak on behalf of all employees in the bargaining unit. Voluntary

recognition by the employer is the easiest way of designating a union.

It is available only if the union can demonstrate support by a majority

of employees in the unit, usually achieved by having employees sign

recognition cards authorizing the union to represent them in collective

bargaining.

If voluntary recognition is not achieved or it is challenged by a claim

of majority representation by another representative organization, a secret

ballot election may be held to select the exclusive bargaining representa-

tive. The administrative agencies have the authority to regulate these rep-

resentation elections, which are also subject to judicial review. Some states

insist that a secret ballot election be held to determine employee represen-

tation. A union that has been voluntarily recognized by the employer as

the exclusive representative possesses the same rights as a union that has

been certifi ed through a formal certifi cation election.

The procedures for a certification election are similar across the

nonprofi t, federal, and state sectors. Unions must request that employ-

ees in the proposed unit sign recognition cards authorizing the union

to represent them. The union must obtain a “ show of interest ” by the

unit members, which is not less than 30 percent for nonprofi ts, the fed-

eral government, and the majority of states. However, if the employer

chooses not to voluntarily recognize a union, an election will be held. If

the union receives 51 percent of the votes, it will be recognized as the

exclusive representative.