Are there certain situations that may bar or preclude an election from being conducted in a petitioned-for unit?

Yes, the following situations bar an election from being conducted in a petition-for unit:

  • Election Bar -- No election will be conducted if a valid election has been conducted in the unit in the preceding 12 calendar months.

  • Certification Bar -- No election will be conducted if the FLRA has certified a labor organization as the exclusive representative of employees in the petitioned for unit within the previous 12 calendar months.  If a signed and dated agreement covering the claimed unit has been entered into, the contract bar rules would apply.

  • Contract Bar -- No election can be held if there is a lawful collective bargaining agreement in effect between the Agency involved and an exclusive representative (other than the labor organization seeking exclusive representation) covering any of the employees in the claimed unit, unless

    • the collective bargaining agreement has been in effect for more than three years, or

    • the petition for exclusive recognition is filed not more than 105 and not less than 60 days before the expiration date of the agreement.

    and the date of the agreement must be clear and unambig