(A) Submission of petition. The County Executive may certify an employee organization as the employees’ exclusive representative if the County Executive receives a petition for the employee organization to be recognized by the county, which petition is signed by at least 51% of the employees indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining. If the petition submitted by the employee organization is signed by less than 51%, but at least 30%, of the employees indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining, the County Executive shall conduct an election in accordance with subsections (B)(2) and (B)(3).
(B) Acceptance by the county.
(1) If the County Executive does not challenge the validity of the petition within 30 days following receipt of the petition, the employee organization will be deemed certified as the exclusive representative.
(2) If the County Executive challenges the petition’s validity, or if the petition is signed by less than 51%, but at least 30%, of the employees indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining, the petitioner may ask the American Arbitration Association to appoint a third party neutral to conduct an election and certify whether the employee organization has been selected as the exclusive representative by a majority of the votes cast in the election.
(3) The county shall pay the costs of the American Arbitration Association when the election is held as the result of the county’s challenge to a petition’s validity. When an election is held because the petition contains the signatures of less than 51%, but at least 30%, of the employees, the exclusive representative shall pay the costs of the American Arbitration Association.
(Ord. 06-06-402, 3-7-2006; Ord. 14-23-678, 11-13-2014)