Chapter 2
RECOGNIZED EMPLOYEE ORGANIZATIONS
Article 1 Certification.
Article 2 Certification and Decertification Election Procedures.
Article 3 Rights and Privileges.
Article 1. CERTIFICATION
9050 Purpose.
This Chapter provides for a portion of the implementing rules and standards pertaining to the organization, maintenance, modification, and administration of the Employer-Employee Relations Policy.
Specific Authority: Chap. 2.72 MMC; Resolution No. 2014-06
History: New 1/2014.
9051 In General.
An employee organization that wishes to be certified as the recognized employee organization for a designated representation unit for which unit no employee organization has been certified must file a recognition petition with the Employee Relations Officer.
9052 Form of Petition.
The petition for recognition shall be signed by the organization’s duly authorized officers, and shall contain the following information and documentation:
(a) The name and mailing address of the organization seeking recognition.
(b) The names and titles of its officers.
(c) Designation of those persons, not exceeding three in number, together with their addresses, to whom notice sent by regular mail will be deemed sufficient notice on the organization for any purpose.
(d) A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the city.
(e) A statement that the organization does not discriminate or restrict membership or participation based on race, color, creed, national origin or sex.
(f) A statement that the employee organization agrees to comply with the provisions of this Title.
(g) A copy of its constitution and bylaws, if any.
(h) Identification of the representation unit for which the petitioning organization seeks certification as the recognized employee organization.
(i) Proof of employee approval of thirty percent (30%) or more of the employees within such representation unit.
9053 Notice of Petition.
Whenever a valid petition under Section 9052 is filed with the Employee Relations Officer, the Employee Relations Officer shall give notice of such petition to the petitioner and to employees occupying classifications which are the subject of the petition.
9054 Challenging Petition.
Within thirty (30) days of the date of the notice in Section 9053, other employee organizations may file challenging petitions seeking to become the recognized employee organization with such representation unit. Challenging petitions must be in the form set forth in Section 9052.
9055 Duty to Keep Information Current.
Annually, on or before the anniversary date of recognition, each recognized employee organization is required to file a written statement with the Employee Relations Officer, signed by the duly authorized officers of each, indicating changes in any of the information required by Section 9052 Paragraphs (a) through (g). If no changes have been made, the written statement shall so state.
Article 2. CERTIFICATION AND DECERTIFICATION ELECTION PROCEDURES
9060 Calling of Certification Election.
Whenever a valid certification petition has been filed, the Employee Relations Officer shall request the State Conciliation Service to call and conduct a secret ballot election in accordance with its own procedures and pursuant to the elections procedures set forth in this Part.
(a) If a challenging petition is filed in accordance with Section 9054 hereof, and is accompanied by proof of employee approval equal to at least ten percent (10%) of the employees within the representation unit, the State Conciliation Service shall include such challenging employee organization on the ballot.
9061 Certification Election Procedures.
Whenever the State Conciliation Service calls an election pursuant to this Chapter, the following procedures shall apply:
(a) The election ballot shall include the choice of "no organization".
(b) Employees entitled to vote in a representation election shall be those employees within the representation unit whose name appeared on the payroll records immediately prior to the date of the election.
(c) An employee organization shall be certified by the Employee Relations Officer as the recognized employee organization for the representation unit if any of the following conditions prevails:
(1) That employee organization has received the vote of a numerical majority of all the employees eligible to vote in the unit for which the election is held;
(2) More than fifty percent (50%) of the total number of employees in the unit eligible to vote have voted in the election, and the employee organization receives a numerical majority of all votes cast in the election;.
(3) In an election involving three or more choices, where none of the choices receives a majority of the votes cast, and where more than fifty percent (50%) of the total number of employees in the unit eligible to vote have voted in the election, a run-off election shall be conducted between the two choices receiving the largest number of votes cast, the rules governing an initial election being applicable to a run-off election.
9065 Decertification Petition; Filing Requirements.
A decertification petition may be filed with the Employee Relations Officer by employees or by an employee organization to determine whether or not a recognized employee organization continues to represents a majority of the employees in the representation unit. Such petition must be accompanied by proof of employee approval equal to at least thirty percent (30%) of the employees within the representation unit. The time periods for a petition to be filed with the Employee Relations Officer are, 1) after the first full year of recognition if no written agreement has been negotiated; 2) within the period commencing ninety (90) days and ending sixty (60) days immediately prior to the expiration date of a written agreement; or 3) any time after written agreements have been in effect for five (5) or more years.
9066 City May Initiate Decertification.
Nothing in this Part shall prohibit the City from seeking decertification if it appears to the City Manager that such action is warranted because of substantial changes in City functions, organizational structure or classifications. In such a case the Employee Relations Officer shall arrange for a secret ballot election in the manner provided for in Section 9067; provided, however, that no such election shall be held until the employee organization then recognized as the representative of the unit or units involved has been given at least 30 days notice of the date which the election will be held. Any employee organization wishing to be listed on the ballot must submit petitions for a place thereon and proof, as defined in Section 9003(g), that the employee organization represents at least 30% of the total number of employees in the representation unit or units affected by the election.
9067 Decertification Election.
Whenever a valid decertification petition has been filed pursuant to Section 9065 hereof, the Employee Relations Officer shall request the State Conciliation Service to conduct an election to determine whether or not the incumbent recognized employee organization shall be decertified and, where the petition was filed by an employee organization, whether such organization shall be recognized. Such election shall be conducted in accordance with the procedures and regulations of the State Conciliation Service and the election procedures of this Article.
9068 Costs of Election.
The costs of conducting elections under this Article, if any, shall be borne in equal shares by the City and the affected employee organization(s).
9069 Alternatives to State Conciliation Service.
In the event that the State Conciliation Service is unable or unwilling to provide any of the services required of it by this Article, the American Arbitration Association or another impartial third party agreed to by the City and the affected employee organization(s) shall be selected to perform those services.
Article 3. RIGHTS AND PRIVILEGES
9075 Right to Represent Employees.
Recognized employee organizations may represent their individual employee members in individual employment relations, including grievances, to the extent required by the California Government Code.
9076 Payroll Deductions.
Only recognized employee organizations have the right to have the regular membership dues of its members deducted from employee paychecks upon the written authorization of each such employee member in such form as will not infringe upon an employee’s rights under California Government Code Section 3502.
9077 Communication With Employees.
Reasonable access to employee work locations shall be granted to officers of recognized employee organizations for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation; provided, however, such officers shall not enter any work location without previous notice to and consent from the department head or his designee, and access may be restricted so as not to interfere with departmental operations or with established safety and security requirements.
(a) Campaigning for office, conducting meetings or elections, and other internal employee organization business of a similar nature may not be carried on during work hours.
9078 Use of City Facilities.
City buildings and other facilities may be made available for use by City employees or employee organizations or their representatives in accordance with administrative procedures governing such use generally by the public.