Xxxxxxxxx Election. If, at any time during the campaign period, the Union represents that it has obtained cards from a majority of the employees in the agreed-upon collective bargaining unit, the parties will schedule a secret ballot election to take place no later than seven days from such notice to the Company by the Union. The Company will provide an opportunity for both the Union and the Company to make short presentations to groups of employees in the proposed collective bargaining unit. Such presentations will be reviewed by the parties in advance. After the presentations to the employees, the employees will be given an opportunity to participate in a secret ballot election for the purpose of determining whether the Union will represent employees in the proposed collective bargaining unit. The election shall be conducted in accordance with Xxxxxxxxx Construction Company. This means: (1) the Union must formally demand recognition and advise the Company that it has authorization cards from a majority of the employees in the agreed-upon proposed collective bargaining unit; (2) the employees must be told that the purpose of the election is to determine whether the Union has majority status; (3) the Company will give employees assurances that there will be no reprisals for engaging in protected activity; (4) the employees will be polled by secret ballot; and (5) there may be no unfair labor practices or other activity that creates a coercive atmosphere. The Company will recognize the Union as the representative of the proposed collective bargaining unit if a simple majority of the employees in the proposed collective bargaining unit cast votes to be represented by the Union. If the Union does not obtain votes demonstrating that it represents a majority of the proposed collective bargaining unit, or if the Union does not claim that it represents a majority of the employees in the collective bargaining unit within the forty-five (45) day campaign period, the Union will be barred from filing another notice of intent to organize that facility and from filing an NLRB petition for an election at that facility for twelve (12) months from the date of the Xxxxxxxxx election or the close of the campaign period.
