Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.160 - Election Procedure

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the procedure for
				  electronic elections.
(1) For
				in-person elections each of the interested parties may designate two (2)
				persons as observers at the polls, subject to such limitations as the chair may
				prescribe. Unless otherwise stipulated by the interested parties, observers
				must be nonsupervisory employees of the public employer.
(2) Any observer or the chair, for good
				cause, may challenge an employee's eligibility to vote. If submitted on paper,
				challenged ballots shall be folded, placed in a sealed envelope with the name
				of the voter plainly written on the outside. Challenged ballots will not be
				considered unless they might affect the results of the election, in which case
				the chair shall investigate and determine the eligibility to vote of the
				persons whose ballots are challenged. Challenged ballots which are disallowed
				will be destroyed. Challenged ballots which are allowed will be counted. The
				names of the persons whose ballots are challenged shall be made a part of the
				record of the election proceedings. Challenged ballots for mail-in or
				electronic elections must be made prior to delivery of the ballots to
				voters.
(3) All elections shall be
				by secret ballot and shall be conducted so as to ensure, to the satisfaction of
				the board, the security and privacy of each public employee's vote. In addition
				to voting at the public body's place of business, mail-in (including e-mail or
				electronic) voting shall be allowed at the discretion of the chair.
(4) Ballots may not be tallied until after
				the posted time for the closing of the polls unless all eligible voters have
				cast their ballots. Upon the conclusion of the election, the chair shall
				furnish the parties with a tally of the ballots.
(5) An organization shall be certified if it
				receives a majority of the votes cast.
(6) Within ten (10) days, excluding
				Saturdays, Sundays, and legal holidays, after the tally of ballots has been
				furnished, any party may file with the board objections to the conduct of the
				election or conduct affecting the results of the election, which shall contain
				a short statement of the reasons therefore. Such filing must be timely whether
				or not the challenged ballots are sufficient in number to affect the results of
				the election. Copies of such objections shall be served simultaneously on the
				other parties by the party filing them and a statement of service shall be
				made.
(7) If no objections are
				filed within the time set forth previously, and if the challenged ballots are
				insufficient in number to affect the result of the election, and if no runoff
				election is to be held, the chair shall forthwith issue to the parties a
				certification of the results of the election, including certification of
				representative, where appropriate.
(8) If objections are filed to the conduct of
				the election or conduct affecting the result of the election or if the
				challenged ballots are sufficient in number to affect the result of the
				election, the chair shall investigate such objections or challenges or
				both.
(9) Where objections are
				filed or challenges are determinative, the chair shall conduct an investigation
				and, where appropriate, shall issue a notice of hearing for the board to hear
				the matters alleged and to issue a report and recommendations. The objecting
				party shall bear the burden of proof regarding all matters alleged in the
				objections to the conduct of the election or conduct affecting the results of
				the election.
(10) When the
				certification of the results of the election is issued, any petition requiring
				the holding of an election in any bargaining unit or subdivision of the
				bargaining unit is prohibited until one (1) year has lapsed from the date of
				issuance. Petitions prohibited are those filed on behalf of a public employee,
				group of public employees, any individual or employee organization or the
				public employer.
*Original authority 295.070, RSMo
					 1947.