[Code of Federal Regulations]
[Title 12, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR269.5]

[Page 837-838]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 269--POLICY ON LABOR RELATIONS FOR THE FEDERAL RESERVE BANKS--Table of Contents
 
Sec. 269.5  Elections.

    (a) Once there has been a final determination of the existence of an 
appropriate bargaining unit under the procedure in Sec. 269.4, and a 
showing by a labor organization that it has cards signed by at least 
thirty percent (30%) of the employees in such unit requesting a 
representation election, an election shall be ordered by the Special 
Tribunal. A labor organization shall be recognized as the exclusive 
bargaining representative of the unit if it is selected by a majority of 
the employees in the unit actually voting.
    (b) The election shall be held under the auspices of the Association 
and shall be subject to its election rules and regulations. However, if 
there should be any conflict between such rules and regulations and the 
provisions of this Policy, the latter shall prevail. The fees charged by 
the Association for its election service shall be borne equally by the 
labor organization and the Bank.
    (c) An election to determine whether a labor organization should 
continue as the exclusive bargaining representative of a particular unit 
shall be held when requested by a petition or other bona fide showing by 
at least thirty percent (30%) of the employees of that unit. Any dispute 
as to whether thirty percent (30%) of the employees requested such an 
election shall be resolved by the same procedure as that set forth in 
Sec. 269.4(b). The election shall be held under the auspices of the 
Association in the same manner described in paragraph (b) of this 
section. The recognition of a labor organization as the exclusive 
bargaining representative of a unit shall be revoked if a majority of 
the employees in the unit who actually vote signify approval of such 
revocation.
    (d) Only one election may be held in any unit in a twelve (12) month 
period to determine whether a labor organization should become, or 
continue to be recognized as, the exclusive representative of the 
employees in that unit.
    (e) Upon receipt of a request for an election from a labor 
organization under Sec. 269.4(a), it shall be incumbent on the Bank, 
labor organization and all others to refrain from any conduct, action or 
policy that interferes with or restrains employees from making a fair 
and free choice in selecting or rejecting a bargaining representative 
consistent with the right of the Bank, labor organization or employees 
to exercise privileges of free speech in the expression of any views, 
argument or opinion, or the dissemination thereof, whether in oral, 
written, printed, graphic or visual form.
    (f) The Special Tribunal shall hear and decide any post-election 
objections of a Bank or labor organization filed with it claiming that a 
violation of paragraph (e) of this section has improperly affected the 
outcome of the election. Such objections must be filed with the Special 
Tribunal no later than five (5) business days after the date of 
election. In the event of such violation by a Bank, labor organization 
or other individuals or organizations which the Special Tribunal finds 
sufficient to have prejudiced the outcome of an election, appropriate 
remedial action shall be taken in the form of setting aside the election 
results and ordering a new election, provided, however, that an appeal 
from the order of the Special Tribunal may be taken within thirty (30) 
calendar days to the Federal Reserve System Labor Relations Panel by 
either the affected Bank or labor organization. The ruling of the System 
Panel shall be final and binding. Neither the Special Tribunal nor the 
Federal Reserve System Labor Relations Panel shall have the authority to 
direct a

[[Page 838]]

Bank to recognize a labor organization as the exclusive collective 
bargaining representative without a valid election being held in which a 
majority of the employees actually voting have so designated such labor 
organization.
    (g) The Special Tribunal and the Federal Reserve System Labor 
Relations Panel will adhere to any rules and regulations promulgated by 
the Board of Governors for the administration of the provisions of 
paragraphs (e) and (f) of this section.