Sec. 146.005. CERTIFICATION ELECTION. (a) Except as provided by Subsection (b), a certification election ordered under Section 146.004(a)(3) to determine whether an employee association represents a majority of the covered employees shall be conducted according to procedures agreeable to the parties.
(b) If the parties are unable to agree on procedures for the certification election, either party may request the American Arbitration Association to conduct the election and to certify the results of the election.
(c) Certification of the results of an election under this section resolves the question concerning representation.
(d) The association is liable for the expenses of the certification election, except that if two or more associations seeking recognition as the sole and exclusive bargaining agent submit a petition signed by at least 30 percent of the employees eligible to sign the petition for recognition, all the associations named in any petition shall share equally the costs of the election.
Added by Acts 2005, 79th Leg., Ch. 1144 (H.B. 2866), Sec. 2, eff. September 1, 2005.
Structure Texas Statutes
Title 5 - Matters Affecting Public Officers and Employees
Subtitle A - Municipal Officers and Employees
Chapter 146 - Local Control of Municipal Employment Matters in Certain Municipalities
Section 146.001. Applicability
Section 146.003. General Provisions Relating to Agreements and Recognition
Section 146.004. Petition for Recognition: Election or Action by Governing Body
Section 146.005. Certification Election
Section 146.006. Election to Authorize Operating Under This Chapter
Section 146.007. Change or Modification of Recognition
Section 146.008. Strikes Prohibited
Section 146.009. Recognition of Employee Association
Section 146.010. Selection of Bargaining Agent; Bargaining Unit
Section 146.011. Protected Rights of Employees
Section 146.013. Open Deliberations
Section 146.014. Ratification and Enforceability of Agreement
Section 146.015. Action or Election to Repeal Authorization to Operate Under This Chapter
Section 146.016. Election to Repeal Agreement
Section 146.017. Agreement Supersedes Conflicting Provisions