Back to top

Certification Election

A certification election is held to certify a new Employee Organization (EO).  A petition must be filed in the EAB's eFiling system.  

The first step requires us to figure out which job classifications should be part of the bargaining unit.  The parties can agree on, or stipulate, to the bargaining unit or they will have a hearing on what the correct bargaining unit should be.

After the bargaining unit is determined, the Employer will submit a list of eligible employees and the EO will mail or hand deliver the confidential show of interest cards.  The show of interest cards should include an individual statement of intent and have the employee signature. The EAB will verify those cards against the employee list.  

If more than 30% of the bargaining unit states that they want to be represented, the EAB issues a notice of intent to hold an election.  We mail ballots, collect ballots, and tally the outcome.  If the majority of employees in the proposed bargaining unit vote to be represented by the EO, the EO becomes a Certified Employee Organization (CEO).  

Certification Election
ObligationPartyDeadlineWhere filed
InterventionEmployee Organization Seeking InterventionWithin 7 days of EAB order directing electionEDMS (eFlex)
Payment of Election FeeEmployee OrganizationWithin 7 days of EAB order directing electionPaid to EAB
Extension of Time to Pay Election FeeEmployee OrganizationWithin 7 days of EAB order directing electionEDMS (eFlex)
Voter Eligibility ListEmployerWithin 7 days of EAB order directing electionEmailed to Agency - Redacted List Filed in eFlex by Agency/Provided to Employee Organization
Voter Eligibility ChallengeEither PartyPrior to ballots being opened/counted (mailed in ballots) or end of election period (web-based)EDMS (eFlex)
Notice of ElectionEmployerPursuant to NoticePost/Distribute to Employees
Objection to ElectionAny Party/Employee/EABWithin 10 days of the filing of the tally of ballotsEDMS (eFlex)
Back to top

Decertification Election Roles

An employee, CEO, or Employer can file a petition for a decertification election.  However, you must have 30% of the bargaining unit provide individual statements with signatures indicating they want to have a decertification election.  The petition will be filed in EDMS and the employee/member support statements shall be mailed or hand delivered to the EAB.  The support statements are confidential and will not be released to either party.

ObligationPartyDeadlineWhere filed
Payment of Election FeeEmployee OrganizationWithin 7 days of EAB order directing electionPaid to EAB
Extension of Time to Pay Election FeeEmployee OrganizationWithin 7 days of EAB order directing electionEDMS (eFlex)
Notice of NonpaymentEmployee OrganizationWithin 7 days of EAB order directing electionEDMS (eFlex)
Voter Eligibility ListEmployerWithin 7 days of EAB order directing electionEmailed to Agency - Redacted List Filed in eFlex by Agency/Provided to Employee Organization
Voter Eligibility ChallengeEither PartyPrior to ballots being opened/counted (mailed in ballots) or end of election period (web-based)EDMS (eFlex)
Notice of ElectionEmployerPursuant to NoticePost/Distribute to Employees
Objection to ElectionAny Party/Employee/EABWithin 10 days of the filing of the tally of ballotsEDMS (eFlex)
Back to top

Amendment of Unit Election Roles

A CEO or Employer can request to amend a bargaining unit.  They will fill out the petition and file it in the eFiling system.  The parties are encouraged to work together to stipulate to the amendment.  However, if they do not, the case will be set for hearing to determine the correct bargaining unit.  After which, the EAB will conduct an election to determine if the employees/members want to amend the unit.  

ObligationPartyDeadlineWhere filed
Payment of Election FeeN/AN/AN/A
Voter Eligibility ListEmployerWithin 7 days of EAB order directing electionEmailed to Agency – Redacted List Filed in eFlex by Agency/Provided to Employee Organization
Notice of ElectionEmployerPursuant to NoticePost/Distribute to Employees
Back to top

Retention/Recertification Election Roles - Fall

If your collective bargaining agreement expires on June 30, a recertification election to run from August 1 through November 1 the year before expiration will be held.  For example, if your contract expires June 30, 2026, the recertification election will be held in 2025. 

Fall Retention
ObligationPartyDeadlineWhere Filed
Contract FiledEmployerWithin 10 days of Execution To Trigger Election, Must be Filed by August 11suPERB
Voter Eligibility ListEmployerAugust 1-25suPERB
Contract ExtensionEither PartyAugust 18suPERB
Objection to Notice of Intent to Conduct Election (or Failure to Issue Notice of Intent)Either PartyAugust 22EDMS (eFlex)
Approval of Voter Eligibility ListEmployee OrganizationSeptember 1suPERB
Payment of Election FeeEmployee OrganizationSeptember 19Paid to EAB
Order for Election – Post/DistributeEmployerPursuant to OrderPost/Distribute to Employees
Voter Eligibility ChallengeEither PartyNo later than 7 days Prior to Commencement of the ElectionEDMS (eFlex)
Election ObjectionsEither PartyWithin 10 Days after 4th Tuesday in OctoberEDMS (eFlex)
Post-Election ChallengesEmployee OrganizationWithin 10 Days of Filing of Tally of BallotsEDMS (eFlex)
Back to top

Retention/Recertification Election Roles - Spring

If your collective bargaining agreement expires on or before December 31, you will have a recertification from January through March of the year it expires.  For example, if your CBA expires on December 31, 2025, you will have an election in the spring of 2025.  

ObligationPartyDeadlineWhere Filed
Contract FiledEmployerWithin 10 days of Execution To Trigger Election, Must be Filed by January 1suPERB
Voter Eligibility ListEmployerJanuary 1-25suPERB
Contract ExtensionEither PartyJanuary 18suPERB
Objection to Notice of Intent to Conduct Election (or Failure to Issue Notice of Intent)Either PartyJanuary 22EDMS (eFlex)
Approval of Voter Eligibility ListEmployee OrganizationFebruary 1suPERB
Payment of Election FeeEmployee OrganizationFebruary 19Paid to EAB
Order for Election – Post/DistributeEmployerPursuant to OrderPost/Distribute to Employees
Election ObjectionsEither PartyWithin 10 Days after 4th Friday in MarchEDMS (eFlex)
Post-Election ChallengesEmployee OrganizationWithin 10 Days of Filing of Tally of BallotsEDMS (eFlex)
Back to top

Past Election Results

Back to top