5 CFR § 2422.29 - How does the Region address an inconclusive election?

---
identifier: "/us/cfr/t5/s2422.29"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 2422.29 - How does the Region address an inconclusive election?"
title_number: 5
title_name: "Administrative Personnel"
section_number: "2422.29"
section_name: "How does the Region address an inconclusive election?"
chapter_name: "FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL"
subchapter_number: "C"
subchapter_name: "FEDERAL LABOR RELATIONS AUTHORITY AND GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY"
part_number: "2422"
part_name: "REPRESENTATION PROCEEDINGS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "3 U.S.C. 431; 5 U.S.C. 7134."
regulatory_source: "77 FR 37752, June 25, 2012, unless otherwise noted."
cfr_part: "2422"
---


# 2422.29 How does the Region address an inconclusive election?

(a) *Inconclusive elections.* An inconclusive election is one where challenged ballots are not sufficient to affect the outcome of the election and one of the following occurs:

(1) The ballot provides for at least three (3) choices, one of which is “no union” or “neither,” and the votes are equally divided; or

(2) The ballot provides for at least three (3) choices, the choice receiving the highest number of votes does not receive a majority, and at least two other choices receive the next highest and same number of votes; or

(3) When a runoff ballot provides for a choice between two labor organizations and results in the votes being equally divided; or

(4) When the Regional Director determines that there have been significant procedural irregularities.

(b) *Eligibility to vote in a rerun election.* The Region uses the latest payroll period to determine eligibility to vote in a rerun election.

(c) *Ballot.* If the Regional Director determines that the election is inconclusive, the election will be rerun with all the choices that appeared on the original ballot.

(d) *Number of reruns.* There will be only one rerun of an inconclusive election. If the rerun results in another inconclusive election, the tally of ballots will show a majority of valid ballots has not been cast for any choice, and the Regional Director will issue a certification of results. If necessary, a runoff may be held when an original election is rerun.