[§ 3.01, Ord. 522, eff. December 18, 1969]
An employee organization that seeks formal recognition as a
recognized employee organization for the purpose of meeting and conferring
in good faith as the majority representative of employees in an appropriate
unit shall file a petition with the Municipal Employee Relations Officer
containing the following information and documentation:
(a)
The name and address of the employee organization, certified copies
of the employee organization's constitution and bylaws, the names
and titles of its officers, and the names of employee organization
representatives who are authorized to speak on behalf of its members;
(b)
A statement as to whether the employee organization is a chapter
or local of, or affiliated directly or indirectly in any manner with,
any County, regional, State, national, or international organization
and, if so, the name and address of each such County, regional, State,
national, or international organization;
(c)
A statement that the employee organization has no restriction on
membership based on race, color, creed, sex, or national origin and
that the employee organization recognizes that the provisions of § 923
of the Labor Code of the State are not applicable to City employees;
(d)
A statement that the employee organization has, as one of its primary
purposes, the representation of employees in their employment relations
with the City and the designation of those persons and their addresses,
not exceeding one for each 50 members or major portion thereof, to
whom notice sent by regular United States mail will be deemed sufficient
notice to the employee organization for any purpose;
(e)
A statement of the number of members of the employee organization
classified by department, division, and job title in the unit claimed
to be appropriate for the purpose of meeting and conferring in good
faith on all matters within the scope of representation; and
(f)
A request that the Municipal Employee Relations Officer determine
the appropriate unit, establish the election date for determining
the majority representative, and formally acknowledge the majority
representative as the recognized employee organization. The petition,
including all accompanying documents, shall be verified as true and
correct, under oath, by the executive officer and secretary of the
employee organization. All changes in such information shall be filed
in like manner within 30 days of any such change.
[§ 3.02, Ord. 522, eff. December 18, 1969]
The Municipal Employee Relations Officer, after reviewing the
petition filed by an employee organization seeking formal recognition
as majority representative and acknowledgment as the recognized employee
organization, shall determine whether the proposed unit is an appropriate
unit. The principal criterion in making this determination is whether
there is a community of interest among such employees. The following
factors, among others, are to be considered in making such determination:
(a)
Which unit will assure employees the fullest freedom in the exercise
of rights set forth under the provisions of this chapter;
(b)
The history of employee relations in the unit, among other employees
of the City, and in similar public employment;
(c)
The effect of the unit on the efficient operation of the City and
sound employer-employee relations; and
(d)
The extent to which employees have common skills, job duties, working
conditions, or departmental assignment.
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No unit shall be established solely on the basis of the extent
to which employees in the proposed unit have organized.
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[§ 3.03, Ord. 522, eff. December 18, 1969]
Any employee organization which is aggrieved by the determination
of an appropriate unit by the Municipal Employee Relations Officer
may, within 10 days of such determination, appeal such decision to
the Council for final determination.
(a)
The appeal by the employee organization shall be in writing, and
copies shall be filed with the City Clerk and the Municipal Employee
Relations Officer.
(b)
The Council shall, within 45 days after the filing of the appeal,
consider the matter and determine the appropriate unit, and such determination
shall be final.
[§ 3.04, Ord. 522, eff. December 18, 1969]
The Municipal Employee Relations Officer shall, after designation
of an appropriate unit, determine the majority representative of City
employees in such unit by arranging for a secret ballot election.
Such election shall be conducted by him in order to assure a free
choice by the majority of such employees.
(a)
Any employee organization claiming representation of all or any part
of the appropriate unit shall be authorized one official observer
to observe the balloting and the counting of such ballots.
(b)
The employee organization found to represent a majority of the employees
in the appropriate unit, as determined by the secret ballot election,
shall be formally acknowledged as the recognized employee organization
by the Municipal Employee Relations Officer.
(c)
The recognized employee organization, determined as provided in this
section, shall be the only employee organization entitled to meet
and confer in good faith on matters within the scope of representation
on behalf of the employees in such unit.
[§ 3.05, Ord. 522, eff. December 18, 1969]
The recognition rights of any recognized employee organization
shall not be subject to challenge by any other employee organization
for a period of 12 months following the date of such recognition or
during the term of any memorandum of understanding between such organization
and the City.
(a)
Any other employee organization may, however, commence a proceeding
to challenge such recognition rights not more than 90 days prior to
the expiration of one year or the expiration of any memorandum of
understanding, as the case may be, in the manner required for formal
recognition.
(b)
The Municipal Employee Relations Officer shall withdraw the recognition
rights of any recognized employee organization which has been found
by secret ballot election to no longer represent a majority of the
employees in an appropriate unit.
