§89-8 Recognition and representation; employee participation. (a) The employee organization which has been certified by the board as representing the majority of employees in an appropriate bargaining unit shall be the exclusive representative of all employees in the unit. As exclusive representative, it shall have the right to act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of all such employees without discrimination and without regard to employee organization membership. Any other provision herein to the contrary notwithstanding, whenever two or more employee organizations which have been duly certified by the board as the exclusive representatives of employees in bargaining units merge, combine, or amalgamate or enter into an agreement for common administration or operation of their affairs, all rights and duties of such employee organizations as exclusive representatives of employees in such units shall inure to and shall be discharged by the organization resulting from such merger, combination, amalgamation, or agreement, either alone or with such employee organizations. Election by the employees in the unit involved, and certification by the board of such resulting employee organization shall not be required.

(b) An individual employee may present a grievance at any time to the employee's employer and have the grievance heard without intervention of an employee organization; provided that the exclusive representative is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect between the employer and the exclusive representative.

(c) Employee participation in the collective bargaining process conducted by the exclusive representative of the appropriate bargaining unit shall be permitted during regular working hours without loss of regular salary or wages. The number of participants from each bargaining unit with over 2,500 members shall be limited to one member for each five hundred members of the bargaining unit. For bargaining units with less than 2,500 members, there shall be at least five participants, one of whom shall reside in each county; provided that there need not be a participant residing in each county for the bargaining unit established by section 89-6(a)(8). The bargaining unit shall select the participants from representative departments, divisions or sections to minimize interference with the normal operations and service of the departments, divisions or sections. [L 1970, c 171, pt of §2; am L 1971, c 212, §2; am L 1977, c 191, §3; gen ch 1985]

Case Notes

Where employee presented grievance to employer, was heard with respect thereto, and was notified that the remedy employee sought as an individual was denied, employer did not violate subsection (b) and the board was correct in determining that, on the relevant undisputed facts, the employer was entitled to summary judgment; thus, there was no §89-13(a)(7) or (8) prohibited practice violation of the collective bargaining agreement. 97 H. 528, 40 P.3d 930.

The labor relations board had exclusive original jurisdiction, pursuant to §89-14, over plaintiff's hybrid-action complaint involving prohibited practices where plaintiff's complaint alleged that the State had breached the collective bargaining agreement (CBA) and its duty of good faith and fair dealing, and that the United Public Workers, as plaintiff's exclusive representative under the CBA, had breached its duty of fair representation in violation of subsection (a). 125 H. 317 (App.), 260 P.3d 1135.