North Dakota Code § 15.1-16-11

Representative organization - Selection
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1. a. If an organization is interested in representing a group of teachers or a group of 
administrators, the organization may file with the board of a school district a 
petition asserting that the organization represents a majority of the teachers or 
the administrators included within a negotiating unit.
b. The petition must be accompanied by evidence substantiating the assertion 
contained in it.
c. The petition must be filed with the board of a school district no later than March 
first of the current school year.
d. Within ten days after receiving the petition, the board of the school district shall 
post notice of its intent to consider the petition in each school wherein the 
members of the negotiating unit are employed.
e. No sooner than ten nor later than twenty days after posting the notice of intent to 
consider the petition, the board shall investigate the petition, determine the 
question of representation, and post notice of its determination in each school 
wherein the members of the negotiating unit are employed.
f. If the petition is not contested, the board shall recognize the petitioner as the 
representative organization of the negotiating unit, unless the board rejects the 
petition for recognition of the negotiating unit under section 15.1 -16-10 or the 
board finds in good faith that there is a reasonable doubt the representation 
exists.
2. If any organization has an interest in representing a group of teachers or a group of 
administrators and wishes to contest the claim of representation made in the petition 
under subsection 1, the contesting organization must file with the board of the school 

district a petition containing a written statement of contest together with substantiating 
evidence, within ten days from the date on which the board posted the notice of intent 
to consider the original petition.
3. If the board of a school district fails to make and post notice of its determination or if 
the board's determination has been contested, the board shall call an election to 
determine the question of representation not sooner than twenty nor later than thirty 
days after the posting of the notice of intent to consider the original petition.
4. If the board of a school district receives a petition that is signed by at least twenty -five 
percent of the members of the negotiating unit and which calls for an election to 
determine the question of representation, the board shall call the election.
5. The election must be conducted in the manner agreed to by the interested parties. If 
the interested parties cannot reach an agreement, the election must be conducted in 
the manner determined by the education factfinding commission under its rules.
6. Once a representative organization has been selected, its authority to represent the 
negotiating unit continues for at least one year from the date of the selection.

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