{"data":{"id":"us-ky/krs-345.060","jurisdiction":"us-ky","citation":"KRS 345.060","heading":"Election of exclusive representative.","body":"(1) Whenever in accordance with such regulations and as may be prescribed by the\nState Labor Relations Board a petition has been filed:\n(a) By a firefighter or group of firefighters or any labor organization acting in\nbehalf of 30 percent of the employees who have signed union affiliation cards\nand the union showing proof of representation:\n1. Wish to be represented for collective bargaining by a labor organization\nas exclusive representative, or\n2. Assert that the labor organization which has been certified or is currently\nbeing recognized by the public employer as bargaining representative is\nno longer the representative of the majority of employees in the unit; or\n(b) By the public employer alleging that one (1) or more labor organizations has\npresented to it  a claim to be recognized as a representative of the majority of\nfirefighters in an appropriate unit;\nthe board shall investigate such petition, and if it has reasonable cause to believe\nthat a question of representation exists, shall provide for an appro priate hearing\nupon due notice. If the board finds that there is a question of representation, it shall\ndirect an election by secret ballot to determine whether or by which labor\norganization the firefighters desire to be represented and shall certify the result\nthereof.\n(2) The board shall decide in each case, in order to assure firefighters the fullest\nfreedom in exercising the rights guaranteed by this chapter, the unit appropriate for\nthe purposes of collective bargaining, based on such factors as commu nity of\ninterest, wages, hours, and other working conditions of the firefighters involved; the\nhistory of collective bargaining; and the desires of the firefighters.\n(3) An election shall not be directed in any bargaining unit or in any subdivision thereof\nwithin which in the preceding twelve (12) month period a valid election has been\nheld. The board shall determine who is eligible to vote in the election and shall\nestablish rules governing the election. In any election where none of the choices on\nthe ballot receives a majority, a runoff shall be conducted, the ballot providing for\nthe selection between the two (2) choices receiving the largest and the second\nlargest number of valid votes cast in the election. A labor organization which\nreceives the majority of the votes cast in an election shall be certified by the board\nas exclusive representative of all the firefighters in the unit.\n(4) Nothing in this or any other law shall be construed to prohibit recognition of a labor\norganization as the exclusive representative by a public agency by mutual consent.\n(5) No election shall be directed by the board in any bargaining unit where there is in\nforce and effect a valid collective bargaining agreement. Provided, however, no\ncollective bargaining agreement shall  bar an election upon the petition of persons\nnot parties thereto where more than three (3) years have elapsed since the execution\nof the agreement or the last timely renewal, whichever was later.","path":["KRS Chapter 345"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32683","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:34Z","sha256":"06e805a381d358123a7dff4ab8690fbe84a1c159687e23af7ff86680bc94b2a1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-345.050","next":"us-ky/krs-345.070"},"notice":"GroundRules: Original legal text. Not legal advice."}