1 Public Employee Labor Relations; Elections. Amend RSA 273-A:10, VI to read as follows:

VI.(a) Certification as exclusive representative shall remain valid until the employee organization is dissolved, voluntarily surrenders certification, loses a valid election or is decertified .

(b) The board shall decertify any employee organization which is found in a judicial proceeding to discriminate with regard to membership, or with regard to the conditions thereof, because of age, sex, race, color, creed, marital status or national origin; or has systematically failed to allow its membership equal participation in the affairs of the employee organization.

(c) Any challenge to a certified exclusive bargaining representative, whether in a decertification election or a challenge by another labor organization, shall result in decertification or change in bargaining representation if decertification or the challenging organization is approved by a majority vote of members of the bargaining unit voting.

2 Effective Date. This act shall take effect 60 days after its passage.

1 Public Employee Labor Relations; Elections. Amend RSA 273-A:10, VI to read as follows:

VI.(a) Certification as exclusive representative shall remain valid but shall be recertified by a vote of a majority of the bargaining unit when the members within the unit that have never voted on the issue of collective representation become the majority of members, until the employee organization is dissolved, voluntarily surrenders certification, loses a valid election or is decertified by a vote of the majority of the bargaining unit . The commissioner of the department of labor shall provide notice to each bargaining unit when the members in the unit that have never voted on the issue of certification of collective representation have become the majority of members.

(b) The board shall decertify any employee organization which is found in a judicial proceeding to discriminate with regard to membership, or with regard to the conditions thereof, because of age, sex, race, color, creed, marital status or national origin; or has systematically failed to allow all of its membership equal participation in the affairs of the employee organization.

(c) Any challenge to a certified exclusive bargaining representative, whether in a decertification election or a challenge by another labor organization, shall result in decertification or change in bargaining representation if decertification or the challenging organization is approved by a majority vote of members of the bargaining unit voting.

(d) All members of a bargaining unit shall be permitted to participate in the recertification vote or any vote held to determine a change in bargaining unit representation.

(e) If a majority of bargaining unit members votes to decertify the unit, a new bargaining unit may be established by a majority vote of the members of the decertified unit within 12 months of the date of decertification.

(f) Documentation of the votes taken pursuant to this paragraph shall be provided to the commissioner of the department of labor within 30 days of the vote.

2 Effective Date. This act shall take effect 60 days after its passage.