Rules > PART Pub 303

PART Pub 303 ELECTIONS

Pub 303.01 Order for Election.
Pub 303.02 Pre-Election Conference.
Pub 303.03 Eligibility to Vote; Access to Voters.
Pub 303.04 Notice of Election.
Pub 303.05 Board's Representative to Conduct Election.
Pub 303.06 Ballots.
Pub 303.07 Polling Area; Observers.
Pub 303.08 Challenges; Objections to Conduct at Polling Area(s).
Pub 303.09 Majority Vote Required; Run-Off Election.
Pub 303.10 Report of Election.
Pub 303.11 Objections to the Conduct of an Election and to Conduct Affecting the Outcome of an Election; Hearing on Challenges and Objections.
Pub 303.12 Certification of Election Results.
Pub 303.13 Absentee Ballots.
Pub 303.14 Mail Balloting Elections.

Pub 303.01 Order for Election.

(a) When an election sought under Pub 301.01 is in order, the board shall, after determining the appropriate bargaining unit according to the criteria enumerated in RSA 273-A:8, I (a) through (d) and Pub 302.02, issue an order for election naming the employee organizations which shall appear on the ballot and describing the bargaining unit for which the election shall be held. The order for election shall be delivered to the petitioner, to any intervenor determined by the board to be qualified to participate in the election, and to the public employer for whose employees the election is being held.

(b) Upon receiving the order for election, the public employer shall immediately forward to the board, and to the parties who shall appear on the ballot, a complete list of the names and home addresses of the employees in the bargaining unit agreed to by the parties or previously determined by the board to be eligible for membership as a result of a unit determination hearing. The public employer shall update this voting list by delivering to each party receiving a copy of the original list the name and classification of any person newly eligible for inclusion in the bargaining unit up to the end of the eligibility period agreed to by the parties or, failing agreement, determined by the board at the pre-election conference.

(c) Orders of election shall not be final orders of the board subject to appeal until after the election is conducted and the results are certified because grounds for appeal might become moot consequential to the election results.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

New. #5679, eff 8-4-93, EXPIRED: 8-4-99
New. #7093, INTERIM, eff 9-9-99, EXPIRES: 1-7-00; ss by #7187, eff 1-8-00, EXPIRED: 1-8-08
New. #9114, INTERIM, eff 3-27-08, EXPIRED: 9-23-08
New. #9441-B, eff 3-27-09; ss by #12378-B, eff 9-13-17

Pub 303.02 Pre-Election Conference.

(a) A representative of the board shall, as expeditiously as possible, conduct a pre-election conference at which the election date, eligibility period for voting by new employees, voting times, polling places, and other election procedures not inconsistent with RSA 273-A or these rules shall be determined. Every effort shall be made to arrange voting procedures agreeable to all the parties to the election.

(b) Voting shall be scheduled during the work day whenever possible and polling places and voting times shall permit reasonable access by voters, so that no voter will have to travel an unreasonable distance to vote. Public employers shall grant release time to their employees so that they can vote during their work day or shift.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.03 Eligibility to Vote; Access to Voters.

(a) All employees eligible to belong to the bargaining unit up to the end of the eligibility period agreed to by the parties, or failing agreement, determined by the board at the pre-election conference, shall be eligible to vote. Disputes regarding the accuracy of the voting list shall be raised at the pre-election conference. The board shall resolve any disputes regarding the accuracy of the updated list prior to the day scheduled for the election.

(b) All employee organizations listed on the ballot shall have access to employees at their general places of work. Access shall be as complete as possible consistent with the public employer's interest in maintaining the efficiency and discipline of its staff.

(c) As a minimum, employee organizations listed on the ballot shall have the following access rights through the facilities of the public employer:

(1) The right to post notices and informational material on places maintained at or near employees’ work stations for such purposes;

(2) The right to reasonable use of the employer's normal mail distribution facilities, including but not limited to:

a. Use that does not overburden the means of distribution so as to interfere with the employer’s usual usage for administrative purposes; and

b. Parity of access to the employer’s mail distribution system for advocacy purposes; and

(3) The right to use any premises which the employer has available for public meetings for the purpose of meeting with employees during non-working hours, subject to the same restrictions of scheduling as imposed on other users of the premises.

(d) This section shall not be construed in any way to inhibit any organization's access to employees outside of work hours and away from places of work.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.04 Notice of Election.

(a) Upon conclusion of the pre-election conference, the board shall issue a notice of election to the parties to the election, including the affected public employer.

(b) The notice of election shall set out:

(1) The date, time, and place of the election;

(2) The hours the polls shall be open;

(3) The classifications of the employees in the bargaining unit for which the election is to be conducted;

(4) A list of the names of the employees eligible to vote, in alphabetical order;

(5) The rules governing eligibility to vote as decided by the parties at the pre-election conference; and

(6) A sample ballot.

(c) The public employer shall display copies of the notice of election and the sample ballot at work locations where notices are normally posted for employees in the proposed bargaining unit on the next working day following receipt of the notice. When it is necessary for a public employer to display copies of the notice of election and the sample ballot at diverse locations because potential bargaining unit members work at sites remote from the place where the administration of the public employer is located, copies of the notice of election and the sample ballot shall be mailed to those remote locations no later than the next working day following receipt of the notice of election and the sample ballot. The copies so mailed shall be displayed at those remote locations on the same day they are received. Except in the event of a run-off election, this notice shall be posted for at least 7 days prior to the election.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.05 Board's Representative to Conduct Election.All elections shall be conducted by a representative of the board, whose determination of all questions arising in the course of the election may be challenged under the procedures set out in Pub 303.11. The representative of the board shall be a member of the board, an employee of the board, a neutral third party appointed by the board on its own motion or a neutral third party mutually selected by the parties and approved by the board.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.06 Ballots.All elections shall be by secret ballot, forms for which shall be prepared and issued by the board. Ballots shall contain the name of each representative and properly qualified petitioner and intervenor along with the choice of "no representative" displayed horizontally across the ballot. The positions of the various options on the ballot shall be randomly selected by the executive director or the board’s staff.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.07 Polling Area; Observers.

(a) Prior to the commencement of the election, the representative of the board shall designate the polling area or areas and no electioneering of any kind shall be permitted within these areas during the election. Any violation of this rule shall be grounds for setting aside the election if the board determines based on a hearing that the violation has affected the outcome of the election.

(b) Each party to the election may, if it chooses, be represented at the polling places by one representative for the purpose of observing the conduct of the election and the count of the ballots. Employer representatives shall not be on the list of eligible voters and shall not be supervisors of the persons voting. No employee shall suffer loss in pay or benefits for time spent in voting or observing the conduct of the election and the count of the ballots as an employee representative under this section.

(1) Time, place, and parties to the election;

(2) A statement of certification as to the fairness of the conduct of the election observed; and

(3) Spaces for signatures of party representatives and the board representative so certifying.

(d) If an election observer should fail to appear or fail to certify the accuracy of the election results, the board's representative shall enter "Not Present" or "Refused to Sign" in the appropriate signature block.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.08 Challenges; Objections to Conduct at Polling Area(s).

(a) Any prospective voter may be challenged for ineligibility before voting. No voter may be challenged for ineligibility after voting. A prospective voter challenged for ineligibility shall be permitted to vote, but that person’s vote shall be sealed by the voter in an unmarked envelope, which shall be placed in another envelope marked with the name of the voter, the name and affiliation of the challenger, and the reasons for the challenge. The marked envelope shall be delivered to the representative of the board, who shall deliver it to the board.

(b) Challenges may also be made for the miscounting of votes for such reasons as, but not limited to, arithmetic error, mismarking, or damaged illegible ballot. The board shall determine if the validity of any challenged votes is sufficient to affect the results of the election or whether one party will prevail without the challenged ballot. If more than one voter is challenged for cause, the board shall maintain the confidentiality of the votes cast as is not possible if one challenged ballot will decide the election.

(c) Objections to conduct at a polling area that might affect the outcome of the election shall be filed with the representative of the board before the ballots have been counted.

(d) Challenges and objections may be withdrawn at any time by the party making them.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.09 Majority Vote Required; Run-Off Election.

(a) In all elections, the majority of the votes properly cast shall determine whether any employee organization shall become the exclusive representative of the bargaining unit for which the election was held, and which employee organization it shall be.

(b) In elections conducted for bargaining units proposed to be composed of professional and non-professional employees, the ballots for both groups shall be kept separate and shall be counted separately. A majority of both groups shall be required to vote for inclusion in a combined professional and non-professional bargaining unit before any employee organization shall be certified for such a unit.

(c) If there are more than 2 choices or options on the ballot and no choice receives a majority of the votes properly cast, the board shall, after disposing of all challenges and objections to the conduct of the election, order a run-off election to be held as expeditiously as possible between the 2 options receiving the most votes, as required by RSA 273-A:10, IV. If there is a tie for second place, all options receiving the second highest number of votes shall be placed on the runoff ballot together with the option receiving a plurality of votes. If there is a tie for first place, only options tied for first place shall be placed on the runoff ballot.

(d) If 2 options appear on the ballot and each receives the same number of votes so that neither has received a majority, no election shall be scheduled consequential to the tied election.

(e) All employees eligible to belong to the bargaining unit up to the end of the eligibility period shall be eligible to vote in the run-off election. The public employer shall update the voting list by delivering to each party receiving a copy of the original list the name and classification of any person newly eligible for inclusion in the bargaining unit up to the end of the eligibility period for the run-off election.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.10 Report of Election.Upon the conclusion of the election, the representative of the board shall prepare a report of election setting forth the results of the election. In cases where a voter or a ballot has been challenged or an objection is made to conduct at the polling area, the report shall set out a clear and concise statement of the reason for the objection or challenge, together with the name of the challenged voter and the name and affiliation of the person filing the challenge or objection. The representative of the board shall deliver a copy of this report to the parties to the election when the report is filed with the board.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.11 Objections to the Conduct of an Election and to Conduct Affecting the Outcome of an Election; Hearing on Challenges and Objections.All objections to the conduct of an election by the representative of the board and to conduct affecting the outcome of an election not occurring at the polling area shall be filed with the board within 5 days after the report of election is filed under Pub 303.10. If challenges or objections are filed, the board shall conduct any hearing it has directed within 10 days of the date they are filed.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.12 Certification of Election Results.After the board has disposed of any challenges and objections filed under Pub 303.10 and Pub 303.11 and after the time for rehearing under Pub 205.02 has passed, the board shall issue an order setting forth the results of the election and certifying the employee organization that has been elected the exclusive representative of the bargaining unit for which the election was held, or certifying that a majority of the employees properly voting in the election voted against representation by any employee organization.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.13 Absentee Ballots.

(a) The board shall provide an absentee ballot to any employee who meets the following requirements:

(1) The employee is included in the board’s official list of eligible voters;

(2) On the date of the election, the employee is scheduled to be away from the workplace or the employee’s residence at the directive or convenience of the public employer, or is scheduled to be away from the work place and the employee’s residence to use planned annual leave involving travel away from the residence, or is scheduled to be away from the work place and the residence due to circumstances beyond the employee’s control; and

(3) It is not possible or practical for the employee to return to the work place to vote in person during those times when the polls are open given the reasons for the employee’s absence.

(b) An employee who will be away from the workplace or the employee’s residence on the date of the election during those times when the polls are open because the employee is not scheduled to work on the date of the election, or because the employee is not scheduled to work during the shift when the election will be held, must still vote in person during those times when the polls are open and is not eligible to vote by absentee ballot.

(c) The parties shall identify any employee who may be eligible to vote by absentee ballot during the pre-election conference. All such employees who would like to vote by absentee ballot, as well as any other employee who believes he or she should have been so identified, must file a written request with the board stating a desire to vote by absentee ballot.

(d) The employee’s written request to vote by absentee ballot shall contain, as a minimum, the following information:

(1) The applicant’s name;

(2) The applicant’s residential mailing address;

(3) The reason the applicant is seeking to vote by absentee ballot; and

(4) The date of the request which contains this information.

(e) The board shall process requests to vote by absentee ballot by examining the request for conformity with the requirements of this rule and confirming, as necessary, information provided by the employee with the public employer.

(f) Completed absentee ballots received at the board's offices at least 24 hours prior to the scheduled starting time of the election and absentee ballots received by the board representative conducting the election within 24 hours of the scheduled starting time of the election shall be processed at the commencement of the election as follows:

(1) The board representative shall present the prepared ballot box to the election observers and observers and provide them with the opportunity to inspect the ballot box to confirm that it is empty,
secure, and is ready to receive ballots; and

(2) Before the envelopes containing absentee ballots are opened and the ballots placed in the ballot box, the board representative shall provide the election observers with the opportunity to state any objections or challenges they may have to the casting of the absentee ballot(s). If there are no objections, the board's representative shall remove each absentee ballot from the mail envelope and inside ballot envelope and place the ballot into the ballot box in a manner that preserves the anonymity of the absentee voter. If there are objections to the eligibility of a voter or to the casting of any absentee ballot, those objections shall be processed in accordance with Pub 303.08. Any objection or challenge to an absentee ballot shall be raised before the mail envelope is opened and the ballot cast into the ballot box by the board's representative at the election.

Source. #2325, eff 3-28-83; ss by #3019, eff 5-14-85; EXPIRED: 5-14-91

Pub 303.14 Mail Balloting Elections.

(a) The board shall conduct mail balloting elections in circumstances when on-site balloting is impracticable because:

(1) Eligible voters are so dispersed across the state that they do not associate or converse with each other; and

(2) There are a multitude of work-sites or there are no central work-sites.

(b) In the event mail ballots are used in the election, the notice of election provided in Pub 303.04 shall so state, and said notice shall also indicate the date the ballots shall be mailed or distributed to the prospective voters and the latest date on which the completed ballots shall be received at the offices of the board for purposes of being counted.

(1) The parties agree to a changed format; and

(2) The board or its executive director approves the changed format.

(d) Mail ballots shall be returned to the board in 2 envelopes as follows:

(1) The first and smaller envelope shall contain the voted ballot and will be marked or designated "Ballot Envelope";

(2) The second and larger envelope shall be marked "Mail Envelope" in which the ballot envelope is placed and mailed to the board; and

(3) The mail envelope shall be pre-addressed and postage paid and shall have a return address which identifies the voter by name and address.

(e) Voter failure to comply with the identity requirements on the mail envelope or destruction of any identifying mark thereon shall disqualify the ballot contained therein from being counted.

(f) When the mail ballot envelopes are received at the offices of the board, they shall be identified and segregated according to the bargaining unit involved. At the time designated for counting the ballots, each mail envelope shall be authenticated by comparison with the list of eligible voters, and the ballot envelope shall be removed from the mail envelope and deposited in a suitable container along with other ballot envelopes from the same election in order to preserve the anonymity of the voter. Thereafter, all ballot envelopes shall then be opened, the ballots removed and counted at random, and the results recorded as provided in Pub 303.07.

(g) All challenges to mail ballots which are based on or concern the identity of the voter or voter eligibility, and which are made pursuant to Pub 303.08, shall be raised prior to the removal of the ballot envelope from the mail envelope.

Source. #7187, eff 1-8-00, EXPIRED: 1-8-08

New. #9114, INTERIM, eff 3-27-08, EXPIRED: 9-23-08
New. #9441-B, eff 3-27-09; ss by #12378-B, eff 9-13-17

New Hampshire Public Employee Labor Relations Board
2½ Beacon Street, Suite 200 | Concord, NH 03301
Telephone: (603) 271-2587 | E-mail: pelrb@nh.gov

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