Selection of representatives; elections

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  • (a) Whenever a question arises concerning the representation of employees, the Commissioner may investigate such controversy and certify to the parties, in writing, the name or names of the representatives that have been designated or selected. In any such investigation, the Commissioner shall provide for an appropriate hearing upon due notice, and shall take a secret ballot of employees to ascertain such representatives.

  • (b) The Commissioner shall have the power to determine who may participate in the election, when ordered, and to establish the rules governing such election. No election need be directed by the Commissioner solely because of the request of an employer or of the employees prompted thereto by their employer, nor shall any individual employed for the duration of a strike or lockout be eligible to vote in such election, nor shall such election be conducted with the employer's participation, assistance or supervision.


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