§ 34-12-07 — Informal conference - Hearing on representation questions - Election requirements

requirements.
1. The commissioner shall promptly fix a date for an informal conference upon due notice
to all parties whenever a petition has been filed, in accordance with this chapter:
a. By an employee or group of employees or any individual or labor organization
acting in the employee's or group's behalf alleging that at least thirty percent of
employees wish to be represented for collective bargaining and that their
employer declines to recognize their representative as the representative defined
in section 34-12-05, or assert that the individual or labor organization, which has
been certified or is being currently recognized by their employer as the bargaining
representative, is no longer a representative as defined in section 34-12-05; or
b. By an employer, alleging that one or more individuals or labor organizations have
presented to the employer a claim to be recognized as the representative defined
in section 34-12-05.
2. If upon the informal conference:
a. All parties agree that a question of representation exists and consent to an
election, the commissioner shall conduct an election upon secret ballot forthwith.
b. The parties cannot agree that a question of representation exists, the
commissioner shall hold a hearing and if upon such hearing the commissioner
finds a question of representation exists, the commissioner shall conduct an
election by secret ballot and shall certify the results thereof.
No election may be directed in any bargaining unit or any subdivision within which in
the preceding twelve-month period a valid election has been held. Employees on strike
who are not entitled to reinstatement are not eligible to vote. In any election in which
none of the choices on the ballot receives a majority, a runoff must be conducted, the
ballot providing for a selection between the two choices receiving the largest and
second largest number of valid votes cast in the election.
3. When a petition is filed as above provided, or the bargaining representative has been
questioned, or a strike is to be called by the bargaining representative certified to
represent employees, and the issue cannot be determined informally, the
commissioner shall notify the employees, the employer, and such other persons as the
commissioner deems necessary, requiring employees and the employer to each
appoint a representative to act with the commissioner in the conduct of an impartial
and secret ballot election to determine a bargaining agent, or whether a strike shall be
had, or determine whether the present bargaining agent is no longer the
representative bargaining agent. If any party shall decline or neglect to appoint a
representative, the commissioner shall appoint some fair and impartial person to act
as such party's representative. Such election board, consisting of a representative of
the employees, a representative of the employer, and the commissioner shall
thereupon designate a reasonable time within ten days after such board is constituted
when such vote must be held, which election must be upon the premises of the
employer during working hours. The board shall conduct an impartial secret ballot in
which all employees of the appropriate bargaining unit involved have the right to cast a
vote. Within twenty-four hours immediately after the completion of the election, such
election board shall make an accurate and complete tabulation of the votes cast in
such election and shall prepare a written certificate, which must bear the signature of

the commissioner, and a copy of such certificate must be delivered to the employer
and to the employees or their bargaining agent.
4. No election is valid unless at least fifty-one percent of the employees in the
appropriate bargaining unit cast valid ballots. If fifty-one percent of the employees in
the appropriate bargaining unit fail to cast valid ballots at such election, a second
election must be held forthwith. If on such second election fifty-one percent
participation is not obtained, no further elections may be held for a period of one year.