{"data":{"id":"us-ky/krs-67a.6905","jurisdiction":"us-ky","citation":"KRS 67A.6905","heading":"Election of exclusive representative.","body":"(1) Whenever, in accordance with administrative regulations that may be promulgated\nby the cabinet, a petition has been filed:\n(a) By a police officer, group of police officers, firefighter personnel, a firefighter,\ngroup of firefighters, a corrections officer , group of corrections personnel, or\nany labor organization acting on behalf of thirty percent (30%) of the\nemployees who have signed labor organization affiliation cards and the labor\norganization showing proof of representation:\n1. Alleging that they wis h to be represented for collective bargaining by a\nlabor organization as exclusive representative; or\n2. Asserting that the labor organization which has been certified or is\ncurrently being recognized by the urban -county government as\nbargaining representative is no longer the representative of the majority\nof employees in the unit; or\n(b) By an urban -county government alleging that one (1) or more labor\norganizations has presented to it a claim to be recognized as the representative\nof the majority of poli ce officers, firefighter personnel, firefighters, or\ncorrections personnel in an appropriate unit;\nthe cabinet shall investigate the petition, and if it has reasonable cause to believe\nthat a question of representation exists, shall provide for an appropr iate hearing\nupon due notice. If the cabinet finds that there is a question of representation, it\nshall direct an election by secret ballot to determine whether or by which labor\norganization the police officers, firefighter personnel, firefighters, or cor rections\npersonnel desire to be represented, and shall certify the result thereof to the\nlegislative council of the urban-county government.\n(2) The cabinet shall decide in each case, in order to assure police officers, firefighter\npersonnel, firefighters, and corrections personnel the fullest freedom in exercising\nthe rights guaranteed by this section, the unit appropriate for the purposes of\ncollective bargaining, based on such factors as community of interest, wages, hours,\nand other working conditions o f the police officers, firefighter personnel,\nfirefighters, or corrections personnel involved; the history of collective bargaining;\nand the desires of the police officers, firefighter personnel, firefighters, or\ncorrections personnel.\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 cabinet shall determine who is eligible to vote in the election and shall\npromulgate administrative regulations governing the election. In any election where\nnone of the choices on the ballot receives a majority, a runoff shall be conducted\nand the ballot shall provide for the selection between the two (2) choices receiving\nthe largest and the second largest number of valid votes cast in the election. A labor\norganization which receives the majority of the votes cast in an election shall be\ncertified by the cabinet as exclusive representative of all the police officers,\nfirefighter personnel, firefighters, or corrections personnel 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 an urban -county government by\nmutual consent.\n(5) No election shall be directed by the cabinet 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 mo re than four (4) years have elapsed since the execution\nof the agreement or the last timely renewal, whichever was later.","path":["KRS Chapter 67A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23915","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:28Z","sha256":"541ba9535b7bb38c8a2e33893da28808d49d1cb9339923fda66eaf0855fe72ec","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67a.6904","next":"us-ky/krs-67a.6906"},"notice":"GroundRules: Original legal text. Not legal advice."}