Elections, Generally

(1) If the Department orders an election, the election shall be conducted as expeditiously as possible. All elections shall be conducted by secret ballot. (2) The election shall offer “no worker organization” as one of the choices available to TNDs. (3) A TND organization receiving a majority of the valid votes cast shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit. When two or more TND organizations are on the ballot and no TND Organization receives a majority of the valid votes cast, there shall be a run-off election between the two choices receiving the largest and second largest number of votes. A TND organization receiving a majority of the valid votes cast in the initial or the run-off election, if necessary, shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit, and it shall owe a duty to fairly represent all such workers. If a majority of the valid votes cast are for “no worker organization,” then the Department will not certify any worker organization as the exclusive bargaining representative. (4) In conducting elections, the operative list of active TNDs shall be based on the most recent quarterly list provided by the TNCs in accordance with M.G.L. c. 150F, § 5(A). (5) When the Department determines that an election by secret ballot shall be conducted, it shall direct that such election be conducted upon such terms as it may specify, including an election conducted by mail, by electronic voting, or by any other means ordered by the Department. (6) Any party may challenge, for good cause shown, the eligibility of any driver to participate in the election. The ballots of such challenged persons shall be segregated, impounded, or otherwise securely stored by the Department. If the number of challenged ballots is sufficient to impact the outcome of the election, then within seven days after the tally of ballots has been furnished, each party must file with the Department a short electronic statement of its position concerning the eligibility of each challenged voter. Such statement shall include a recitation of the facts, if any, alleged by the party to be determinative of the challenged voter’s eligibility. The Department may require the parties to submit further evidence or argument to determine whether a hearing is warranted. (7) At the conclusion of the election, the Department shall furnish to the parties a tally of ballots. Within seven days after the tally of the ballots has been furnished, any party may file with the Department objections to the conduct of the election or to conduct affecting the result of the election. Such filing shall specify with particularity the conduct alleged to be objectionable (including the identity of persons involved, and the date, place, time, and nature of the conduct). Failure to timely specify conduct alleged to be objectionable may be deemed a waiver of the objection. Such filing must be timely whether or not the challenged ballots are sufficient in number to affect the result of the election. Upon receipt of the statement of objections and any other submissions that the Department may permit, the Department shall determine whether any of the objections merit further proceedings and may dismiss some orall of the objections if the Department does not find probable cause to believe either that the alleged conduct occurred or that the alleged conduct materially interfered with the conduct or the results of the election. If the Department determines that probable cause exists to believe that conduct interfering with the election occurred, the Department shall conduct such further investigation or hearing as it deems necessary and appropriate, or, if no material facts are disputed, the Department may issue a decision on the objections without any fact-finding proceedings. (8) If no timely objections are filed, and the challenged ballots are insufficient in number to affect the results of the election, and if no runoff election is to be held, the Department shall immediately certify the results of the election. (9) Any runoff election or re-run election shall be conducted in accordance with procedures set forth in 456 CMR 14.13: Runoff Elections (Questions of Representation) and 456 CMR 14.14: Re-run Elections (Questions of Representation).