(a) Once there has been a final
determination of the existence of an appropriate bargaining unit under
the procedure in section 269.4, and a showing by a labor organization
that it has cards signed by at least 30 percent of the employees in
such unit requesting a representation election, an election shall
be ordered by the special tribunal. A labor organization shall be
recognized as the exclusive bargaining representative of the unit
if it is selected by a majority of the employees in the unit actually
voting.
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(b) The election shall be held under the auspices
of the association and shall be subject to its election rules and
regulations. However, if there should be any conflict between such
rules and regulations and the provisions of this policy, the latter
shall prevail. The fees charged by the association for its election
service shall be borne equally by the labor organization and the Bank.
(c) An election to determine whether a labor organization
should continue as the exclusive bargaining representative of a particular
unit shall be held when requested by a petition or other bona fide
showing by at least 30 percent of the employees of that unit. Any
dispute as to whether 30 percent of the employees requested such an
election shall be resolved by the same procedure as that set forth
in section 269.4(b). The election shall be held under the auspices
of the association in the same manner described in paragraph (b) of
this section. The recognition of a labor organization as the exclusive
bargaining representative of a unit shall be revoked if a majority
of the employees in the unit who actually vote signify approval of
such revocation.
(d) Only one election may be
held in any unit in a 12-month period to determine whether a labor
organization should become, or continue to be recognized as, the exclusive
representative of the employees in that unit.
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(e) Upon receipt
of a request for an election from a labor organization under section
269.4(a), it shall be incumbent on the Bank, labor organization and
all others to refrain from any conduct, action or policy that interferes
with or restrains employees from making a fair and free choice in
selecting or rejecting a bargaining representative consistent with
the right of the Bank, labor organization or employees to exercise
privileges of free speech in the expression of any views, argument
or opinion, or the dissemination thereof, whether in oral, written,
printed, graphic or visual form.
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(f) The special tribunal shall hear and decide any post-election
objections of a Bank or labor organization filed with it claiming
that a violation of paragraph (e) of this section has improperly affected
the outcome of the election. Such objections must be filed with the
special tribunal no later than five business days after the date of
election. In the event of such violation by a Bank, labor organization
or other individuals or organizations which the special tribunal finds
sufficient to have prejudiced the outcome of an election, appropriate
remedial action shall be taken in the form of setting aside the election
results and ordering a new election, provided, however, that an appeal
from the order of the special tribunal may be taken within 30 calendar
days to the Federal Reserve System Labor Relations Panel by either
the affected Bank or labor organization. The ruling of the System
panel shall be final and binding. Neither the special tribunal nor
the Federal Reserve System Labor Relations Panel shall have the authority
to direct a Bank to recognize a labor organization as the exclusive
collective bargaining representative without a valid election being
held in which a majority of the employees actually voting have so
designated such labor organization.
(g) The special
tribunal and the Federal Reserve System Labor Relations Panel will
adhere to any rules and regulations promulgated by the Board of Governors
for the administration of the provisions of paragraphs (e) and (f)
of this section.
