A. A labor organization seeking exclusive recognition shall submit to the employer a roster of its officers and representatives, a copy of its charter and constitution and bylaws.
B. The mayor and board of commissioners shall accord exclusive recognition to a labor organization when the organization has been selected, in a secret ballot election, by a majority of the employees in an appropriate bargaining unit as their representative. When a labor organization has been accorded exclusive recognition, it is the exclusive representative of employees in the unit and is entitled to act for and to negotiate agreements covering all employees in the unit. It is responsible for representing the interests of all employees in the unit without discrimination and without regard to labor organization membership.
C. Bargaining units shall ensure a clear and identifiable community of interest among the employees concerned, promote effective dealings between the labor organization and the employer, and promote the efficiency of city operations. Therefore, there shall be established only one bargaining unit as a result of secret ballot election. No bargaining unit shall be established if it includes:
1. Police officers or firefighters;
2. Any management official or management/confidential employee, supervisor or confidential employee;
3. An employee engaged in administering this chapter; or
4. A temporary or seasonal employee hired for a time certain of less than six (6) months during a fiscal year.
D. All elections shall be conducted by secret ballot. Each employee not excluded from the bargaining unit shall be eligible to vote and shall be provided the opportunity to choose the labor organization he wishes to represent him from among those on the ballot, or "no union". When no category on the ballot receives a majority of the valid ballots cast, a runoff election shall be held between the two (2) categories receiving the largest and second largest number of votes in the first election. Elections may be held to determine whether:
1. A labor organization should be recognized as the exclusive representative of the employees;
2. A labor organization should replace another labor organization as the exclusive representative; or
3. A labor organization should cease to be the exclusive representative.
E. The employer shall call and hold an election upon receipt of a timely, written petition signed by no less than thirty percent (30%) of the employees eligible for membership in the union indicating their desire to be represented by that particular labor organization or to change or to withdraw recognition. No labor organization will be permitted to intervene in the election proceeding and secure a place on the ballot unless it has submitted a timely, written petition signed by no less than twenty percent (20%) of the employees eligible for membership in the unit indicating their desire to be represented by that particular labor organization. The employer may hold an election when he has evidence supporting a good faith belief that the labor organization no longer is the choice of employees in the bargaining unit.
F. When the employer has received an appropriate petition, the employer shall post notices to all employees containing information as to the name of the petition. All interested labor organizations wishing to participate in the election must seek intervention within the ten (10) day period following the date of the posting of the notice by submitting a timely, written petition with the employer and otherwise meeting the requirements of this chapter. As soon as possible after the close of the period of intervention, the employer shall meet with representatives of the successful petitions to arrange the details of the election. Following the meeting, the employer shall post appropriate notices of election. Between the meeting and the date of the election set by the employer, all parties to the election may campaign freely. Such notices shall set forth details and procedures for the election, the eligibility period, the date, hour, and place of the election and shall contain a sample ballot, which is clearly marked "sample" on its face. The employer shall provide the voting booths and ballot boxes.
Each labor organization on the ballot and the employer may be represented by no more than two (2) observers of its own selection at the polling place. The observers' function is to see that the election is conducted fairly, the security of the ballot is maintained, and all eligible voters are given an opportunity to cast a ballot. At the conclusion of the balloting the ballots will be counted by the observers and an appropriate tally of ballots will be issued. Representatives of the labor organizations and the employer shall sign the tally of ballots indicating that the tally is correct. The signing of the tally does not constitute a waiver of any rights by any party to file objections. The city manager shall promptly report the final results of the election to the mayor and board of commissioners. If a labor organization receives votes equaling fifty percent (50%) plus one, this organization will be recognized as their bargaining agent by the mayor and board of commissioners. Otherwise, no bargaining unit will be recognized.
G. There shall be no election to determine whether a labor organization should become, or continue to be recognized as, exclusive representative of the employees within twelve (12) months after a prior valid election for those employees. When an agreement covering these employees has been signed by the employer and the incumbent exclusive representative, an election petition will not be timely unless filed with the employer not earlier than October 1 and not later than October 15.
H. Recognition of a labor organization does not preclude an employee, regardless of whether he or she is in the union, from exercising rights established by law, or from choosing his or her own representative in the exercise of such rights. (Ord. 2014-02, 1-7-2014)