C.F.R. » Title 29 » CHAPTER I—NATIONAL LABOR RELATIONS BOARD › PART 102—RULES AND REGULATIONS, SERIES 8 › Subpart D—Procedure Under Section 9(c) of the Act for the Determination of Questions Concerning Representation of Employees 2 and for Clarification of Bargaining Units and for Amendment of Certifications Under Section 9(b) of the Act

29 C.F.R. § 102.70

Runoff election

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(a) The regional director shall conduct a runoff election, without further order of the Board, when an election in which the ballot provided for not less than three choices (i.e., at least two representatives and “neither”) results in no choice receiving a majority of the valid ballots cast and no objections are filed as provided in § 102.69. Only one runoff shall be held pursuant to this section.

(b) Employees who were eligible to vote in the election and who are in an eligible category on the date of the runoff election shall be eligible to vote in the runoff election.

(c) The ballot in the runoff election shall provide for a selection between the two choices receiving the largest and second largest number of votes.

(d) In the event the number of votes cast in an inconclusive election in which the ballot provided for a choice among two or more representatives and “neither” or “none” is equally divided among the several choices; or in the event the number of ballots cast for one choice in such election is equal to the number cast for another of the choices but less than the number cast for the third choice, the regional director shall declare the first election a nullity and shall conduct another election, providing for a selection from among the three choices afforded in the original ballot; and he shall thereafter proceed in accordance with paragraphs (a), (b), and (c) of this section. In the event two or more choices receive the same number of ballots and another choice receives no ballots and there are no challenged ballots that would affect the results of the election, and if all eligible voters have cast valid ballots, there shall be no runoff election and a certification of results of election shall be issued. Only one such further election pursuant to this paragraph may be held.

(e) Upon the conclusion of the runoff election, the provisions of § 102.69 shall govern, insofar as applicable.

[26 FR 3891, May 4, 1961]
Notes of Decisions
Cited in 2 cases, 1969–1980 · leading case: Sohio Petroleum Co., a Div. of Sohio Nat. Resources Co. v. Nat'l Labor Relations Bd., 625 F.2d 223 (9th Cir. 1980).
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Sohio Petroleum Co., a Div. of Sohio Nat. Resources Co. v. Nat'l Labor Relations Bd., 625 F.2d 223 (9th Cir. 1980). · cites it 2× “Sohio’s final contention is that the results of the second election should have been certified under 29 C.F.R. § 102.70 (d) which requires that the Board certify any election in which “two or more choices receive the same number of ballots and another choice receives no ballots…”
Owens-Corning Fiberglas Corp. v. Nat'l Labor Relations Bd., 407 F.2d 1357 (4th Cir. 1969). “” 29 C.F.R. § 102.70 (a). 4 . 29 C.F.R. § 101.”
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