(a) An employee organization shall be considered for certification as a recognized employee organization by Council following the submission of a request for recognition accompanied by or in the form of a petition indicating that at least one-third of the employees within the proposed representation unit desire the petitioning employee organization to be their sole representative. Alternatively, such request may be accompanied by a showing that, as of the last regular payroll, over fifty percent of the employees within the representation unit have executed dues deduction authorizations in favor of the employee organization requesting recognition.
(b) The Director of Public Service or the Director of Public Safety shall verify each petition or showing of dues deduction authorizations and following verification shall, within a reasonable time, give notice to all. employees within the proposed or existing representation unit, and to all employee organizations, of the contents of the request.
(c) Any other employee organization seeking certification as a recognized employee organization to represent the employees of a proposed or existing representation unit for which a request teas been submitted and verified pursuant to subsections (a) and (b) hereof may, within thirty days of the date of notice, given pursuant to subsection (b) hereof, request Council for recognition accompanied by or in the form of a petition indicating that at least one-quarter of the employees within the proposed or existing representation unit desire the petitioning employee organization to be their sole representative. Alternatively, such request may be accompanied by a showing that as of the last regular payroll at least fifty percent of the employees within the representation unit have executed dues deduction authorizations in favor of the employee organization requesting recognition.
(d) Other employees within a proposed or existing representation unit for which a request has been submitted and verified may, within thirty days following notice that a request for certification has been submitted and verified, submit a petition on their own indicating that at least one-third of the employees within such unit desire not to be represented by a recognized employee organization.
(e) When it is determined by the Mayor that all requests for recognition have been filed and verified in accordance with subsections (a) through (d) hereof, the Mayor shall instruct the Director of Public Service or the Director of Public Safety to cause a secret election to be conducted or supervised lay an agency independent of the City wherein the employees of the representation unit shall be given the opportunity to choose among the petitioning employee organizations and no organization, whether or not a petition has been submitted pursuant to subsection (d) hereof. Employees within the representation unit on the payroll immediately preceding the election shall be entitled to vote. Council shall certify as the recognized employee organization that organization, if any, receiving a majority of ballots cast in a valid election. In the event that a majority of such ballots cast are for no organization, Council shall certify that no recognized employee organization represents the employees within the representation unit. If none of the choices on the ballot receives a majority of the ballots cast, a run-off election shall be held between the choices receiving the two highest numbers of votes. Council shall certify as the recognized employee organization for the representation unit the choice receiving the most votes in a valid election, or shall certify that no recognized employee organization represents the employees within the representation unit. At least eighty percent of the eligible voters must vote for any election to be valid. Should any employee organization or organizations fail to receive over fifty percent of the affirmative votes in the run-off or final election, no further consideration by Council shall be given to the employee organization or organizations for a period of one year following the election.
(f) Requests for certification as a recognized employee organization shall not be submitted sooner than one year following the certification that the representation unit shall not be represented by a recognized employee organization.
(g) A request for decertification of an employee organization other than that organization currently certified, must be accompanied by or in the form of a, petition executed by at least one-third of the employees within the representation unit. Council may also initiate a decertification proceeding where, because of substantial changes in City functions, organizational structure or job classifications within the representation unit, it appears that the recognized employee organization no longer retains'. significant support among employees within the representation unit. Proceedings under this section shall not be instituted sooner than one year following certification of an employee organization, nor shall there be more than one election under this section in the same unit in any twelvemonth period. The provisions of subsections (b), (c) and (d) hereof shall apply to a proceeding under this section. The Director of Public Service or the Director of Public Safety shall cause a secret election to be conducted or supervised by an agency independent of the City wherein the employees within the representation unit on the payroll immediately preceding the election shall be entitled to vote. The recognized employee organization shall be decertified or changed by Council only if a majority of those casting valid ballots in an election vote for decertification or change.
(Ord. 71-44. Passed 7-20-71.)