(a) Petition for certification. An employee organization that seeks certification for purposes of collective negotiations as an exclusive representative shall file a petition for certification with the Personnel Officer containing the following information and documentation:
(1) a certified copy of the organization's constitution or bylaws along with a roster of officers elected in accordance with the constitution or bylaws, and a delineation of inter-organizational affiliations;
(2) a statement that the employee organization has as a primary purpose the representation of employees in their employment relations with the County;
(3) a statement that the employee organization has no terms or conditions of membership which discriminate with regard to race, color, creed, sex, age, political affiliation, disability, ancestry, or national origin;
(4) a request that the County recognize the employee organization as the exclusive representative of the employees that the organization proposes for an appropriate representation unit;
(5) a list containing each job class title to be included in the proposed appropriate representation unit; and
(6) a statement that the employee organization has in its possession written proof dated within six months of the date on which the petition is filed that establishes that at least 30% of the employees in the proposed appropriate representation unit have designated the employee organization to represent them in their employment relations with the County.
(b) Filing of petition; notice. The petition may be filed with and shall be received by the Personnel Officer only during the month of October. On receipt of the petition, the Personnel Officer shall give adequate and timely notice of the filing to the employees in the proposed appropriate representation unit and, within 30 days of the filing date of the petition, determine either that the proposed unit is an appropriate representation unit or that an alternative unit is the appropriate representation unit.
(c) Determination of appropriate representation unit. In making the determination of the appropriate representation unit, the Personnel Officer shall consider the following factors:
(1) which unit will assure employees the fullest freedom in the exercise of rights described in this title;
(2) the community of interest among employees in the proposed unit, involving such criteria as similarity of job duties, skills, wages, educational requirements, supervision, and working conditions;
(3) the history of employee relations in the County;
(4) the effect on the existing classification structure of dividing a single classification among two or more units;
(5) the effect of the unit on the over-fragmentation of the classified service to the detriment of mutually beneficial relationships between the County and its employees; and
(6) the effect of the unit on the efficient operation of the public service.
(d) Restrictions on establishing appropriate representation units. An appropriate representation unit may not be established solely on the basis of the extent to which employees in the unit have organized. Professional employees may not be denied the right to be represented separately from nonprofessional employees. The representation unit may not violate the prohibitions set forth in § 6-4-105(b) and (d).
(e) Arbitration regarding appropriate representation units.
(1) Whenever the Personnel Officer and the petitioning employee organization are in disagreement as to the determination of the appropriate representation unit, the issue shall be submitted to arbitration at the request of either party.
(2) If the parties are unable otherwise to agree on an arbitrator within five days of the initial request, they shall make their selection from a list of five neutrals submitted by the American Arbitration Association. If the parties are unable to agree on the selection of one of the arbitrators within three workdays after receipt of the list, the Administration and the employee organization shall strike one name from the list alternately until one name remains. The remaining person shall be the arbitrator.
(3) If the selected arbitrator is unable to serve, the arbitrator shall be appointed directly by the American Arbitration Association.
(4) An arbitrator shall render a decision within 30 days after appointment unless the parties mutually agree otherwise. The arbitrator's decision shall be final and binding on the parties.
(5) The cost of arbitration shall be borne equally by the parties involved.
(f) Election of representation unit; certification.
(1) When an appropriate representation unit has been determined, the Personnel Officer shall give adequate and timely notice of the determination to each employee in the newly established representation unit and shall arrange for a secret ballot certification election to be conducted by the State Division of Labor and Industry or an appropriate independent agency appointed by the Personnel Officer.
(2) In the election, the employees in the unit shall be offered a choice between exclusive representation by the petitioning employee organization and no exclusive representation. If an intervenor employee organization certifies that at least 10% of the employees in the unit have designated it to represent them in their employment relations with the County, and if the organization complies with the requirements of subsections (a)(1) through (a)(4), then the ballot shall offer a choice among the petitioning employee organization, the intervenor employee organization and no exclusive representation.
(3) An employee organization shall be certified as exclusive representative following an election or run-off election if the employee organization has received the vote of a majority of the valid ballots cast by the employees in the unit in which the election or run-off election is held. In an election involving three or more choices, when none of the choices receives a majority of the votes cast, a run-off election shall be conducted between the two choices receiving the largest number of votes cast.
(4) An election may not be conducted in any appropriate representation unit in which an election has been conducted within the preceding two years.
(5) The Personnel Officer shall publish the results of the elections.
(g) Certification is continuous. Certification is continuous, unless an exclusive representative is decertified under § 6-4-109.
(1985 Code, Art. 8, § 4-107) (Bill No. 64-96; Bill No. 65-97; Bill No. 94-01; Bill No. 78-12)