§5. Certificate of ascertainment of appointment of electors — Inbound Citations

Code of Federal Regulations Citations

Cited by 1 regulation in the Code of Federal Regulations.

• 5 C.F.R. § 2422.34(b) — What are the parties' rights and obligations when a representation proceeding is pending?

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  (b) A party may take action based on its position regarding the bargaining unit status of individual employees, under 3 U.S.C. 431(d)(2), and 5 U.S.C. 7103(a)(2), 7112(b), and 7112(c), but its actions may be challenged, reviewed, and remedied where appropriate.

Citations to 3 U.S.C. § 5 as a whole

• 3 U.S.C. § 6

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  The certificates of ascertainment of appointment of electors received by the Archivist of the United States under section 5 shall—

• 3 U.S.C. § 15(d)(1)(A)

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  (A) open the certificates and papers purporting to be certificates of the votes of electors appointed pursuant to a certificate of ascertainment of appointment of electors issued pursuant to section 5, in the alphabetical order of the States, beginning with the letter A; and

• 3 U.S.C. § 15(e)(1)(A)(i)

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  (i) only the votes of electors who have been appointed under a certificate of ascertainment of appointment of electors issued pursuant to section 5, or who have legally been appointed to fill a vacancy of any such elector pursuant to section 4, may be counted; and

• 3 U.S.C. § 15(e)(1)(B)

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  (B) The vote of an elector who has been appointed under a certificate of ascertainment of appointment of electors issued pursuant to section 5 shall not be counted if—

  (i) there is an objection which meets the requirements of subsection (d)(2)(B)(i); and

  (ii) each House affirmatively sustains the objection as valid.

• 3 U.S.C. § 15(e)(2)

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  (2) If the number of electors lawfully appointed by any State pursuant to a certificate of ascertainment of appointment of electors that is issued under section 5 is fewer than the number of electors to which the State is entitled under section 3, or if an objection the grounds for which are described in subsection (d)(2)(B)(ii)(I) has been sustained, the total number of electors appointed for the purpose of determining a majority of the whole number of electors appointed as required by the Twelfth Amendment to the Constitution shall be reduced by the number of electors whom the State has failed to appoint or as to whom the objection was sustained.

• 3 U.S.C. § 415(b)

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  (b) The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment and Retraining Notification Act.

• 3 U.S.C. § 425(a)(1)

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  (1) Each employing office and each covered employee shall comply with the provisions of section 5 of the Occupational Safety and Health Act of 1970.

Citations to §5(a)(1)

• 3 U.S.C. § 15(d)(2)(B)(ii)(I)

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  (I) The electors of the State were not lawfully certified under a certificate of ascertainment of appointment of electors according to section 5(a)(1).

• 3 U.S.C. § 415(b)

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  (b) The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment and Retraining Notification Act.

Citations to §5(a)(2)

• 3 U.S.C. § 415(b)

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  (b) The remedy for a violation of subsection (a) shall be such damages as would be appropriate if awarded under paragraphs (1), (2), and (4) of section 5(a) of the Worker Adjustment and Retraining Notification Act.