§ 15.1-16-11 — Representative organization - Selection

1. a. If an organization is interested in representing a group of teachers or a group of
administrators, the organization may file with the board of a school district a
petition asserting that the organization represents a majority of the teachers or
the administrators included within a negotiating unit.
b. The petition must be accompanied by evidence substantiating the assertion
contained in it.
c. The petition must be filed with the board of a school district no later than March
first of the current school year.
d. Within ten days after receiving the petition, the board of the school district shall
post notice of its intent to consider the petition in each school wherein the
members of the negotiating unit are employed.
e. No sooner than ten nor later than twenty days after posting the notice of intent to
consider the petition, the board shall investigate the petition, determine the
question of representation, and post notice of its determination in each school
wherein the members of the negotiating unit are employed.
f. If the petition is not contested, the board shall recognize the petitioner as the
representative organization of the negotiating unit, unless the board rejects the
petition for recognition of the negotiating unit under section 15.1-16-10 or the
board finds in good faith that there is a reasonable doubt the representation
exists.
2. If any organization has an interest in representing a group of teachers or a group of
administrators and wishes to contest the claim of representation made in the petition
under subsection 1, the contesting organization must file with the board of the school

district a petition containing a written statement of contest together with substantiating
evidence, within ten days from the date on which the board posted the notice of intent
to consider the original petition.
3. If the board of a school district fails to make and post notice of its determination or if
the board's determination has been contested, the board shall call an election to
determine the question of representation not sooner than twenty nor later than thirty
days after the posting of the notice of intent to consider the original petition.
4. If the board of a school district receives a petition that is signed by at least twenty-five
percent of the members of the negotiating unit and which calls for an election to
determine the question of representation, the board shall call the election.
5. The election must be conducted in the manner agreed to by the interested parties. If
the interested parties cannot reach an agreement, the election must be conducted in
the manner determined by the education factfinding commission under its rules.
6. Once a representative organization has been selected, its authority to represent the
negotiating unit continues for at least one year from the date of the selection.