(A) Any employee organization may file a written request with the Board 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 30% 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 on the next working day following the filing of the request, by the City Human Resources Department in a place conspicuous to the city employees in the bargaining unit.
(B) Other employee organizations may file with the Board a written claim, within ten days after the posting of the notice of the request as specified in division (A) above, showing a demonstration of support of at least 30% 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 on the next working day following the filing of the claim, by the City Human Resources Department in a place conspicuous to the city employees in the bargaining unit.
(C) If an employee organization wishes to solicit membership cards from city employees who are not in an existing bargaining unit, upon request, the Mayor shall provide a list of the requested employees to the employee organization. If the Board finds that the employee organization subsequently presents a valid demonstration of support from 50% of the employees, plus one additional employee, in the proposed unit, and that no other employee organization has filed a written claim under division (B) of this section, the Board shall certify the employee organization as the exclusive representative of the bargaining unit.
(D) If the Board does not certify the organization as the exclusive representative under division (C) of this section, the Board shall take one of the following actions:
(1) Review the employee organization's showing of interest and resolve any disputes over whether the employee organization has presented a valid demonstration of support from 50% of the employees, plus one additional employee, in an appropriately constituted bargaining unit. If the Board finds the employee organization's demonstration of support does not exceed 50% of the employees in an appropriate bargaining unit, the employee organization shall have five additional working days to submit supplemental demonstration of support. If the Board determines that a majority of city employees in an appropriately constituted bargaining unit support representation by the employee organization for the purpose of collective bargaining as provided for in this article, the Board shall certify that employee organization as the exclusive representative for the bargaining unit; or
(2) If the employee organization has demonstrated support from at least 30% of the employees in the bargaining unit, but less than a majority of the employees in the bargaining unit, the Board shall call and hold a representation election within 45 days from the date of the posting of the notice to determine whether an employee organization shall be the exclusive representative for the unit.
(3) Neither an election nor certification by a showing of interest shall occur if:
(a) There is currently in effect a lawful written agreement between the city and an exclusive bargaining representative for the bargaining unit involved; or
(b) Within the preceding 12 months there has been held a representation election or a decertification election for the bargaining unit; or
(c) 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 article, or that 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 certify the employee organization's showing of support or call and hold a representation election as provided above.
(4) In the event an employee organization fails to be certified as the exclusive bargaining representative after a showing of interest and/or election, employees in that bargaining unit may be included in an alternate bargaining unit for the purposes of a new organizational effort by that employee organization. Each such alternate unit shall be in itself an appropriate bargaining unit.
(E) The Board shall call and hold all elections within the time limits established by this article. The ballot shall contain the name of any labor organization submitting a petition containing signatures of at least 30% of the city employees in the appropriate bargaining unit. The ballot shall also contain a provision allowing city employees to indicate whether they do not desire to be represented by a labor organization. An election shall only be valid if 40% of the eligible employees in the bargaining unit vote in the election.
(F) Election disputes shall be resolved by the Board.
(1) In the event of an election involving more than one employee organization, wherein no choice on the ballot receives the vote of a majority of the city employees voting, then and in such event a runoff election shall be held within 30 days with a choice consisting of the two choices receiving the largest number of votes cast. The determination of representative status in such runoff election shall be governed by the provisions set forth in division (D) above.
(G) The exclusive bargaining representative shall represent all employees covered by the terms of the collective bargaining agreement.
(H) The decertification of any employee organization which has been recognized as the exclusive bargaining representative of employees in an appropriate bargaining unit may be affected by the filing of a written request for decertification supported by a showing that 30% of the employees in the bargaining unit seek to have a decertification election. If the showing of interest in support of such a petition is sufficient, the Board shall call and hold a decertification election within 45 days from the date of the receipt of the request. If a majority of the city employees in the bargaining unit vote in favor of decertification of an employee organization, the Board shall decertify that employee organization as the exclusive bargaining representative for the bargaining unit.
(I) No decertification election shall be held if within the preceding 12 months the Board has held a representation election or a decertification election for the bargaining unit.
(J) 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 30-day period between the 120th day and the 90th day immediately preceding the expiration date of the contract.
(K) The existence of an exclusive bargaining representative shall not prevent city employees in or out of the bargaining unit from taking their grievances to their supervisor or the City Human Resources Department. Any action by the city government in connection with grievance handling shall not be inconsistent with this article or the terms and conditions of employment established by an exclusive bargaining representative and the city for the bargaining unit involved.
('74 Code, § 2-2-6) (Ord. 153-1971; Am. Ord. 69-1973; Am. Ord. 4-1977; Am. Ord. 4-2001; Am. Ord. 2020-045; Am. Ord. 2021-019)