Sec.5-273-13. Duties of agent

(a) When a notification has been filed, the Agent shall confer with and may hold informal conferences with the interested parties and ascertain the facts. He shall ascertain the number of employees desiring the petitioner to represent them by making a card check or by such other appropriate means as he shall determine. In making a card check the Agent may use the criteria set out in subsection (b) of this section. He shall encourage the parties to agree upon the appropriate unit.

(b) Proof of an employee’s desire for representation may be established as follows:

The petitioner may present to the agent membership or application for membership cards or collective bargaining authorization cards.

The cards shall be dated and signed prior to the filing of the petition with the board, and shall contain the printed or typewritten name of the signer as well as the signer’s signature.

The cards will be void if signed beyond a year before the filing of the petition with the board.

The card itself shall indicate the employee’s desire with regard to representation.

(c) Whenever the Agent, after investigation, has reasonable cause to believe that a question of representation exists, including but not limited to finding that the parties are unable to agree upon the appropriate unit and he is unable to settle the controversy concerning representation, he shall issue a direction of election within 30 days of his investigation and conduct a secret ballot election within 30 days of the issuance of the direction of election to determine whether and by which employee organization the employees desire to be represented. The election shall be conducted in accordance with the terms and conditions set forth in Sections 5-273-17, 5-273-18, and 5-273-19 of these regulations and the Agent will report his action to the Board. In the event that the Agent determines that there is no reasonable cause to believe that a question of representation exists, he shall issue a recommendation to dismiss the petition within 30 days after his investigation and report his action to the Board. In the event the Agent is unable to determine whether or not a question of representation exists, the Agent may, within 30 days of his investigation, refer the petition directly to the Board for a hearing without either having conducted an election or issuing a recommendation for dismissal, in which event the Board shall conduct an appropriate hearing upon due notice as set forth in these regulations.

(d) If the Agent determines either to conduct a secret ballot election or to recommend dismissal of the petition, the parties may object to the Agent's determination by filing objections in the form of a brief within 14 days of the issuance of the order directing an election or within 14 days of the Agent's recommendation for a dismissal filed with the Board.

(e) If objections are timely filed, the Agent shall prepare a record for the Board which shall include the following: the petition, the Agent's order directing an election, or the Agent's recommendation for dismissal and any briefs filed by a party.

(f) The Board, after considering the Agent's direction of election or the Agent's recommendation for dismissal, together with the briefs submitted, shall, as appropriate within 30 days of receiving the record:

(1) issue an order confirming the Agent's direction of election and certifying the results, or

(2) issue an order confirming the Agent's recommendation for dismissal, or

(3) order further investigation, or

(4) order a hearing upon due notice.

(g) In the event the Agent has directly referred the petition to the Board for a hearing without either directing an election or recommending dismissal, or if the Board has ordered a hearing, a hearing shall be held pursuant to Section 5-273-14.

(h) If no objections are filed, the Board shall certify the results of the election or dismiss the petition.

(Effective October 5, 1993; Amended October 11, 2013)