§ 2-03-490. Personnel Systems—Labor Relations (Collective Bargaining)—Determination of representation.

(a)

Any employee organization may file a written request with the city manager asserting that a majority of the members of a bargaining unit of the city desires to be represented by it for the purpose of collective bargaining and asking to be recognized as the exclusive bargaining representative. The request shall include a demonstration of support of at least thirty (30) percent of the employees in the bargaining unit by means of a dated membership list or signed and dated membership cards of those employees desiring representation. Notice of the request shall be posted by the city personnel department in a place conspicuous to city employees in the bargaining unit on the next working day following the filing of the request.

(b)

Other employee organizations may file, within ten (10) days after the posting of the notice of the request as specified in subsection (a) above, a written claim with the city manager showing a demonstration of support of at least ten (10) percent of the employees in the bargaining unit by means of a dated membership list or signed and dated membership cards of those employees desiring representation. Notice of this claim shall also be posted by the city personnel department in a place conspicuous to city employees in the bargaining unit on the next working day following the filing of the claim.

(c)

Upon authentication of the list or cards, the city manager shall so advise the board which then shall call and hold a representation election within forty-five (45) days from the date of posting of the notice to determine whether an employee organization shall be the exclusive bargaining representative for the unit. Such election shall not be held if:

(1)

There is currently in effect a lawful written agreement between the public employer and an exclusive bargaining representative for the bargaining unit involved; and

(2)

Within the preceding twelve (12) months there has been held a representation election or a decertification election for the bargaining unit; or

(3)

In the opinion of the board after holding such hearing as may be appropriate, the bargaining unit described in the request for representation is not an appropriate unit in accordance with this subdivision or such appropriateness has not yet been determined by the board. If the board subsequently determines that the requested bargaining unit is appropriate, the board shall then call and hold a representation election.

(d)

The board shall call and hold all elections within the time limits established by this subdivision and according to the following:

(1)

Included on the ballot in a representation election shall be any employee organization which has submitted evidence of support of at least thirty (30) percent of the city employees in the bargaining unit in accordance with subsection (a) above, any employee organization which has submitted evidence of support of at least ten (10) percent of the city employees in the bargaining unit in accordance with subsection (b) above and a choice for no representation. The choices on a ballot in a decertification election shall be the incumbent exclusive bargaining representative and no representation;

(2)

Voting shall be by secret ballot;

(3)

All city employees in the bargaining unit involved shall have the right to vote;

(4)

If the majority of the city employees in the bargaining unit vote in favor of representation by an employee organization for the purpose of collective bargaining as provided by this subdivision, the city manager shall certify that employee organization as the exclusive bargaining representative for the bargaining unit. If a majority of the employees in the unit do not vote for representation by an employee organization, the unit shall not be represented.

(e)

Election disputes shall be resolved by the board. In the event of an election involving more than one (1) employee organization in which no choice on the ballot receives the vote of a majority of the city employees in a bargaining unit, then and in such event a runoff election shall be held within thirty (30) days with a choice consisting of the employee organization receiving the greatest number of votes in the original election and the choice of no representation. A runoff election may occur only if the combined votes for the two (2) or more employee representatives comprise a majority of the bargaining unit. The determination of representative status in such runoff election shall be governed by the provisions set forth in subsection (d) above.

(f)

The certified exclusive bargaining representative shall represent all employees covered by the terms of the collective bargaining agreement.

(g)

The decertification of any employee organization which has been recognized as the exclusive bargaining representative of employees in an appropriate bargaining unit may be effected by the filing of a written request for decertification supported by either a showing that thirty (30) percent of the employees in the bargaining unit seek to have a decertification election or a statement by city government that it harbors a good-faith doubt that the exclusive bargaining representative has the support of the majority of the employees in the bargaining unit. If, in the opinion of the board, the showing of interest in support of such a petition is sufficient, or, in the case of a petition filed by city government, there is objective evidence to support a good-faith doubt as to the majority status of the exclusive bargaining agent, the board shall call and hold a decertification election within forty-five (45) days from the date of the receipt of the request. Once a request for decertification is received by the board, the exclusive representative is precluded from accepting new members until the issue of the election has been decided. The ballot for decertification will include the choice of the exclusive representative and no representation. If the majority of the employees in the bargaining unit do not vote in favor of the exclusive representative, the city manager shall decertify the exclusive representative.

(h)

No decertification election shall be held if, within the preceding twelve (12) months, the board has held a representation election or a decertification election for the bargaining unit.

(i)

No petition for representation or decertification shall be entertained by the board unless such petition and the requisite showing of support therefor shall have been filed with the board during the thirty-day period between the one hundred twentieth day and the ninetieth day immediately preceding the expiration date of the contract.

(Ord. No. 789, § 3(5), 6-12-90)