KRS 345.060: Election of exclusive representative.

(1) Whenever in accordance with such regulations and as may be prescribed by the

State Labor Relations Board a petition has been filed:

(a) By a firefighter or group of firefighters or any labor organization acting in

behalf of 30 percent of the employees who have signed union affiliation cards

and the union showing proof of representation:

1. Wish to be represented for collective bargaining by a labor organization

as exclusive representative, or

2. Assert that the labor organization which has been certified or is currently

being recognized by the public employer as bargaining representative is

no longer the representative of the majority of employees in the unit; or

(b) By the public employer alleging that one (1) or more labor organizations has

presented to it a claim to be recognized as a representative of the majority of

firefighters in an appropriate unit;

the board shall investigate such petition, and if it has reasonable cause to believe

that a question of representation exists, shall provide for an appro priate hearing

upon due notice. If the board finds that there is a question of representation, it shall

direct an election by secret ballot to determine whether or by which labor

organization the firefighters desire to be represented and shall certify the result

thereof.

(2) The board shall decide in each case, in order to assure firefighters the fullest

freedom in exercising the rights guaranteed by this chapter, the unit appropriate for

the purposes of collective bargaining, based on such factors as commu nity of

interest, wages, hours, and other working conditions of the firefighters involved; the

history of collective bargaining; and the desires of the firefighters.

(3) An election shall not be directed in any bargaining unit or in any subdivision thereof

within which in the preceding twelve (12) month period a valid election has been

held. The board shall determine who is eligible to vote in the election and shall

establish rules governing the election. In any election where none of the choices on

the ballot receives a majority, a runoff shall be conducted, the ballot providing for

the selection between the two (2) choices receiving the largest and the second

largest number of valid votes cast in the election. A labor organization which

receives the majority of the votes cast in an election shall be certified by the board

as exclusive representative of all the firefighters in the unit.

(4) Nothing in this or any other law shall be construed to prohibit recognition of a labor

organization as the exclusive representative by a public agency by mutual consent.

(5) No election shall be directed by the board in any bargaining unit where there is in

force and effect a valid collective bargaining agreement. Provided, however, no

collective bargaining agreement shall bar an election upon the petition of persons

not parties thereto where more than three (3) years have elapsed since the execution

of the agreement or the last timely renewal, whichever was later.