U.S. Code » Title 39 » Part PART II— PERSONNEL › Chapter CHAPTER 12— EMPLOYEE-MANAGEMENT AGREEMENTS

39 U.S.C. § 1204

Elections

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(a) All elections authorized under this chapter shall be conducted under the supervision of the National Labor Relations Board, or persons designated by it, and shall be by secret ballot. Each employee eligible to vote shall be provided the opportunity to choose the labor organization he wishes to represent him, from among those on the ballot, or “no union”.(b) In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted, the ballot providing for a selection between the 2 choices receiving the largest and second largest number of valid votes cast in the election. In the event of a tie vote, additional runoff elections shall be conducted until one of the choices has received a majority of the votes.(c) No election shall be held in any bargaining unit within which, in the preceding 12-month period, a valid election has been held.(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 735.)Statutory Notes and Related SubsidiariesEffective Date

Section effective July 1, 1971, pursuant to Resolution No. 71–9 of the Board of Governors. See section 15(a) of Pub. L. 91–375, set out as a note preceding section 101 of this title.

Notes of Decisions
Cited in 3 cases, 1987–2003 · leading case: Nat'l Labor Relations Bd. v. United States Postal Serv. & Am. Postal Workers Union, 833 F.2d 1195 (6th Cir. 1987).
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Nat'l Labor Relations Bd. v. United States Postal Serv. & Am. Postal Workers Union, 833 F.2d 1195 (6th Cir. 1987). “§ 1202 (Board to select appropriate bargaining units), 39 U.S.C. § 1204 (Board to conduct elections).”
Nat'l Labor Relations Bd. v. U.S. Postal Serv., 827 F.2d 548 (9th Cir. 1987). “Similarly, 39 U.S.C. § 1204 places postal union elections in the hands of the Board.”
McCreary v. Potter, 273 F. Supp. 2d 106 (D.D.C. 2003). “See 39 U.S.C. § 1204 . He also complains about their alleged failure to *109 have the CBA ratified by the members.”
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