{"data":{"id":"us-ky/krs-67c.408","jurisdiction":"us-ky","citation":"KRS 67C.408","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 or group of police officers or any labor organization acting\nin behalf of thirty percent (30%) of the employe es who have signed labor\norganization affiliation cards and the labor organization showing proof of\nrepresentation:\n1. Alleging that they wish 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 consolidated local government as\nbargaining representative is no longer the representative of the majority\nof employees in the unit; or\n(b) By a consolidated local  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 police officers in an appropriate unit;\nThe cabinet shall investigate the petition, and if it has reasonabl e cause to believe\nthat a question of representation exists, shall provide for an appropriate 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 desire to be represented and shall certify the result\nthereof to the legislative council of the consolidated local government.\n(2) The cabinet shall decide in each case, in order to assure police officers the fu llest\nfreedom in exercising the rights guaranteed by this section, the unit appropriate for\nthe purposes of collective bargaining, based on such factors as community of\ninterest, wages, hours, and other working conditions of the police officers involved;\nthe history of collective bargaining; and the desires of the police officers.\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,\nthe ballot providing for the selection between the two (2) choices receiving the\nlargest 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 cab inet as exclusive representative of all the police officers in the\nunit.\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 consolidated local 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, that no\ncollective bargaining agreement shall bar an election upon the petition of  persons\nnot parties thereto where more than four (4) years have elapsed since the execution\nof the agreement or the last timely renewal, whichever was later.","path":["KRS Chapter 67C"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=24044","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:29Z","sha256":"cfa5d682308c23dd0fccb60ccd6ec4d806e4177ff9e889afb3e01aa89e410c61","source_id":"us-ky","stale":false,"prev":"us-ky/krs-67c.406","next":"us-ky/krs-67c.410"},"notice":"GroundRules: Original legal text. Not legal advice."}