.010 The City Management Representative, after reviewing a petition filed by an employee organization seeking recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. Appropriate consideration shall be given to the following factors, among others, in making such determination:
.0101 Which unit will assure employees freedom in the exercise of rights consistent with this chapter;
.0102 The history of employee relations:
.0102.01 In the unit,
.0102.02 Among other employees of the City, and
.0102.03 In similar public employment;
.0103 The effect of the unit on the efficient operation of the City and sound employer-employee relations;
.0104 The extent to which employees have common skills, working conditions, job duties or similar educational requirements;
.0105 The effect on the existing classification structure of dividing a single classification among two or more units.
.020 Provided, however, no unit shall be established on the basis of the extent to which employees in the proposed unit have organized.
.030 In the establishment of appropriate units:
.0301 Management employees shall not be included in the same unit with nonmanagement employees for the purpose of meeting and conferring, nor may they represent such employees on matters within the scope of representation.
.0302 Confidential employees who are included in the same unit with nonconfidential employees may not represent such employees on matters within the scope of representation.
.0303 Peace officers and detention officers shall not be included in the same unit with nonpeace officers and non-detention officers for the purpose of meeting and conferring, nor may they represent such employees for the purpose of meeting and conferring.
.0304 Professional employees shall not be denied the right to be represented separately from nonprofessional employees.
.040 Peace officers may form, join, participate in, and be represented by employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations as provided by this chapter, provided such employee organizations:
.0401 Concern themselves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the peace officers' profession;
.0402 Are not subordinate to any other organization.
.050 If the City Management Representative finds that the proposed unit is not an appropriate unit, he shall state the reasons and notify the employee organization thereof.
.060 The determination of whether or not the proposed unit is an appropriate unit shall be made by the City Management Representative within twenty working days after the date of the filing of the petition with the City Management Representative.
.070 Appropriate units established pursuant to Section 1.06.120 of this chapter shall not be represented by more than one recognized employee organization.
.080 When the City establishes a new class, the City Management Representative shall determine which Unit, if any, shall include the new class. All recognized employee organizations shall be notified of such determination. A recognized employee organization which disagrees with the City Management Representative's determination may file a challenge to the allocation within fifteen working days. The challenge may be filed with the City Management Representative who will arrange a hearing. When the City assigns managerial authority and responsibility to an employee in a position within an existing unit of representation, said position may be excluded from the existing unit of representation upon the request of the employee and the concurrence of the City Management Representative and the recognized employee organization.
.090 Nothing contained in this section shall preclude the City Management Representative and the various affected employee organizations from mutually agreeing to the transfer of job classes from one bargaining unit to another or from a nonrepresented unit to a bargaining unit or from a bargaining unit to a nonrepresented unit. Any such agreed upon transfer will not be subject to any representation proceedings outlined in this ordinance or the rules accompanying this ordinance. (Ord. 3741 § 1; July 26, 1977; Ord. 3040 § 1 (part); May 16, 1972; Ord. 4853 § 1; July 21, 1987; Ord. 5737 § 1; September 26, 2000.)