Article II: Representation Proceedings
Section 3. Filing of Recognition Petition by Employee Organization.
An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation:
- Name and address of the employee organization.
- Names and titles of its officers.
- Names of employee organization representatives who are authorized to speak on behalf of the organization.
- A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City.
- A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.
- Certified copies of the employee organization's constitution and bylaws.
- A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.
- A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, age, or physical disability.
- The job classification or position titles of employees in the unit which is claimed to be appropriate and the approximate number of employees therein.
- A statement that the employee organization has in its possession proof of employee support as defined in Article I Section 2 to extablish that at least 30% of employees within a given classification have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer.
- A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.
The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.
Section 4. City Response to Recognition Petition.
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
- There has been compliance with the requirements of the Recognition Petition, and
- The proposed representation unit is an appropriate unit in accordance with Sec. 8 of this Article II.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization in writing of the reasons for the negative determination. The petitioning employee organization may appeal such determination in accordance with Sec. 10 of this Resolution.
Section 5. Open Period for Filing Challenging Petition.
Within thirty (30) days of the date written notice was given to affected employees that a valid Recognition Petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all of the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent, in the same form and manner as set forth in Sec. 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 8 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date of receipt of noticeof such unit determination by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Sec. 10 of this Article II.
Section 6. Election Procedure.
The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of this Resolution. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the State Conciliation Service. All employee organizations that who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in such election shall be those persons employed in regular status permanent positions within the designated appropriate unit who were employed during the last pay period which ended at least fifteen (15) days before the date of the election, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election.
Cost of conducting elections shall be borne in equal shares by the City and each employee organization appearing on the ballot.
Section 7. Procedure for Decertification of Exclusively Recognized Employee Organization.
A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer if at least twenty-four (24) months have elapsed from the most recent date of certification of the unit from which parties requesting decertification or modification would be removed. Such request may be filed during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of the then current Memorandum of Understanding. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
- The name, address and telephone number of the petitioner and designated representative authorized to receive notices or requests for further information.
- The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as the representative of that unit.
- An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant material facts.
- Proof of employee support (as defined in Section 2) that at least a majority of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer.
An employee organization may, in satisfaction of the above Decertification Petition requirements, file a Petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least a majority that includes the allegation and information required under paragraph (c.) of this Section 7, and otherwise conforms to the requirements of Section 3 of this Article.
The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his determination is in the negative, the Employee Relations Officer shall offer to consult on the petition with the representative(s) of the petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return subject or the Petition to the employees of employee organization with a statement of the reasons for the negative determination. The petitioning employees or employee organization may appeal such determination in accordance with Sec. 10 of this Article II. If the determination of the Employee Relations Officer is affirmative, or if his/her negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees.
The Employee Relations Officer shall then arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 6 of this Article II.
If pursuant to this Section 7, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term.
Section 8. Policy and Standards for Determination of Appropriate Units.
The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:
- Similarity of general kinds of work performed, types of qualifications required, and general working conditions.
- History of representation in the City and similar employment.
- Consistency with the organizational patterns of the City and effect of a proposed unit on the efficient operation of the City services and sound employment relations.
- Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units.
- Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single classification or related classifications among two or more units.
Notwithstanding the foregoing provisions of this Section, managerial and/or supervisory, and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units. Therefore, managerial supervisory employees should only be included in a unit consisting solely of managerial and supervisory employees.
The Employee Relations Officer shall, after notice to the affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section and appropriate Personnel Rules and Regulations.
Section 9. Procedure for Modification of Established Appropriate Units.
An employee organization may request the modification of an established representation unit by submitting to the Employee Relations Officer a petition accompanied by proof of employee approval of the proposed modification signed by not less than sixty percent (60%) of those employees who, if the proposed modification should be granted, would be moved from one representation unit to another.
Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the 30 day period commencing 120 days prior to the termination date of the then current Memoranda of Understanding.
All petitions for modified units shall be accompanied by a list of all classifications to be included in the modified unit, the number of employees in each classification, as well as the division and department to which they belong.
The Employee Relations Officer shall give notice of the request for modification of an established representation unit to the employees who would be affected by the proposed modification, to the employee organization which is then currently certified as the representative of the unit from which one or more positions will be transferred, and to any recognized employee organization that has filed a written request for such notice.
If an employee organization desires to challenge the appropriateness of the proposed modification it shall notify the Employee Relations Officer within 30 days of the filing of the petition it seeks to challenge. If a challenge is made or if the Employee Relations Officer determines the unit modification is not appropriate he/she shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 8 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 10 of this Article.
If a new unit is formed pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof.
Should the decision of the Employee Relations Officer have the result of moving some employees from one representation unit to another, such employees will continue to work at the rate of pay, and under the same terms and conditions of employment which they had in the unit for which they were transferred until such time as the memorandum of understanding concerning the unit from which they were transferred, which was in effect at the time of said transfer, shall expire.
Section 10. Appeals
Affected employees or an employee organization may file an appeal by requesting the intervention of the California State Conciliation Service, or another mutually agreed upon party, or may in lieu thereof or thereafter appeal to the City Council for a final decision. Appeals of any of the following actions shall be reviewed:
The decision of the Employee Relations Officer of an appropriate unit determination under this Article II, or
The decision of Employee Relations Officer that the following was not in compliance with the applicable provisions of the article.
- Recognition Petition (Section 3)
- Challenging Petition (Section 5)
- Decertification of Recognition Petition (Section 7)
- Determination regarding Decertification Petition (Section 7)
- Determination regarding Modification of Unit (Section 9)
Appeals to the City Council shall be filed in writing with the Employee Relations Officer within ten (10) days of receipt of notice of the Employee Relations office thereof. The City Council shall commence to consider the matter within thirty (30) days of the appeal filing date. The decision of the City Council shall be final and binding. Any cost associated with the appeals process shall be shared equally be the appellant and the City.