(a) The Municipality shall recognize organizations which represent groups of municipal employees to the extent that such recognition is not inconsistent with this chapter.
(b) Any organization desiring to represent a group of municipal employees or any one seeking to decertify an organization will first submit to the Municipal Manager a petition in such form as the Municipal Manager may direct together with evidence that at least forty percent (40%) of the total number of employees in the proposed unit of employees are interested in such representation.
(c) The Municipal Manager shall determine the appropriate bargaining unit sought, subject to the review of Council.
(d) The Municipal Manager shall not include in any bargaining unit any employee who is a supervisor or who formulates personnel policy. No confidential employee shall be included in a bargaining unit, nor any temporary, part-time, or seasonal employees. The Municipal Manager shall designate the largest unit which in his opinion will be appropriate for collective bargaining, subject to the review of Council.
(e) After reviewing the petition and the appropriate unit, the Municipal Manager may direct a secret ballot election to ascertain whether a majority of the employees in the appropriate bargaining unit desire representation. The Municipal Manager shall certify the results of any valid election.
(f) No organization will be recognized for purposes of collective bargaining, which has not been certified as the representative of a majority of the employees voting in an appropriate bargaining unit. Any organization so certified shall be awarded the exclusive right to represent the bargaining unit for a reasonable period of time. No further election shall be held for the duration of any collective bargaining agreement.
(g) If two or more organizations seek to represent the same or similar bargaining units, the Municipal Manager shall arrange for an election in which the competing organizations may participate and in which employees in the bargaining unit shall have the opportunity to vote for either organization, or for no organization. If no choice on the ballot has an actual majority, a run-off election between the two highest choices will be conducted.
(h) The Municipal Manager may from time to time promulgate appropriate rules and regulations to implement the provisions of this subchapter not inconsistent with this subchapter. Such rules and regulations shall include appropriate proceedings for recertification petitions by employees and the initiation of an election proceeding by the Municipality when a question concerning representation exists.
(Ord. 1980-8. Passed 7-15-80.)