APPENDIX A
INITIATIVE PETITION 117 (2004)

"Section 1. Right of represented public employees to vote on union. Not later than 90 days before the expiration date of a public sector collective bargaining agreement under which the public employees in a collective bargaining unit are working, an election shall be held to determine whether the employees represented under the agreement wish to continue to be represented by a union, and if so, which union.

"(a) The election required by this section shall be conducted by the State Labor Commissioner prior to the expiration of each public sector collective bargaining agreement, and shall be conducted by mail and by secret ballot.

"(b) Every employee covered under the contract or paying for union representation by means of union dues, payment(s) in lieu of dues, or other means shall be eligible to vote in the election and mailed a ballot.

"(c) The first question on the ballot shall determine whether the employee wishes to be represented by a union and pay for that service. The question shall be worded as follows: Do you choose to be represented by a union and help pay for the cost of union representation?

"(d) The second question shall determine which union shall represent the employees in the event a majority of the participating employees vote to be represented by a union. The question shall be worded as follows: If a majority of those in your collective bargaining unit vote to be represented by a union, which union would you prefer to represent the employees in the bargaining unit? The question shall be followed by list of those unions vying to represent the employees in the bargaining unit.

"(e) If a majority of employees participating in the election vote to be represented by a union, the union receiving a majority of those voting shall represent the employees until the expiration of the new contract. If no union received a majority of the vote, then within 30 days a run-off election shall be held between the two unions receiving the highest number of votes.

"(f) If a majority of the employees participating in the election vote not to be represented by a union, union representation of that bargaining unit shall cease at midnight on the date the existing collective bargain contract expires.

"(g) The employees in a bargaining unit in which a majority of the employees has [sic] voted not to be represented by a union may not be represented by a union thereafter, unless a majority of the employees vote in a vote-by-mail, secret ballot election conducted by the State Labor Commissioner not earlier than two years after the date of the last election at which the employees chose not to be represented by a union.

"(h) If a public sector collective bargaining contract expires during the 90-day period following the effective date of this section, the first election required under this section for such a bargaining unit shall be held not later than 120 days after the effective date of this section.

"(i) If any phrase, clause, or part of this section is invalidated by a court of competent jurisdiction, the remaining phrases, clauses, and parts shall continue to be in full force and effect; and if any phrase, clause, or part is found to violate one or more constitutional rights of any person or group, the phrase, clause, or part shall continue to be effective for any person or group for which no violation has been found.


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