How do employees select an exclusive bargaining agent?
By majority action. The Division of Labor Relations is authorized to direct an election by secret ballot to determine the exclusive representative whenever (1) one or more employee organizations claim to represent a substantial number of employees in an appropriate unit; (2) an employee organization petitions the Division alleging that a substantial number of employees wish to be represented by the petitioner; or (3) a substantial number of employees in a bargaining unit allege that the exclusive representative no longer represents a majority of the employees. Pursuant to Chapter 120, Section 3 of the Acts of 2007, which became effective on December 26, 2007, the Division of Labor Relations is also authorized to certify, and a public employer is required to recognize as the exclusive representative for the purpose of collective bargaining of all employees in the bargaining unit, an employee organization which has received a written majority authorization. A written majority authorizati
