(a) There can be only one exclusive bargaining representative for each recognized employee bargaining unit.
(b) Request for certification/decertification.
(1) Any employee organization seeking recognition as the exclusive bargaining representative of a bargaining unit must submit a request for certification to the LRA that includes a showing of interest petition signed by not less than thirty percent of the eligible employees in that unit. The LRA shall determine the sufficiency of the petition within ten days. If the LRA determines after a tabulation of the submitted petition that the union has not met the required showing of interest, then the LRA must allow not less than thirty days for the union to submit additional showing of interest forms to correct the insufficient showing of interest. The thirty-day period for calculating the time to submit additional showing of interest forms commences after the LRA provides notice to the union that the union has not met the required showing of interest.
(2) A showing of interest petition may consist of a combination of signed membership cards, or a membership roster signed by each employee, evidence of dues payment, or other evidence of bargaining unit employees' desire to be represented by an employee organization for collective bargaining purposes, including but not limited to authorization cards or petition signatures. An authorization that satisfies the Uniform Electronic Transactions Act shall be valid for employees' authorization for representation for purposes of a petition filed by an employee organization for exclusive representation.
(3) Any eligible employee of a bargaining unit may submit a request for decertification of the exclusive bargaining representative by submitting a petition signed by not less than thirty percent of the eligible employees in the bargaining unit.
(4) Requests for decertification may be filed not less than one year after the date the existing representative was certified; however, if a collective bargaining agreement is in effect, such petition must be filed within the thirty-day (30) period between the one hundred eightieth (180th) and one hundred fiftieth (150th) day before the expiration date of the collective bargaining agreement prior to the original expiration date, regardless of any extensions, of the collective bargaining agreement. If a collective bargaining agreement expires and a successor agreement is not in place, a request for decertification may be filed at any time prior to the ratification of a successor agreement.
(5) The effect of a successful decertification election for the bargaining unit takes effect immediately upon final certification of the election results by the LRA. If the election results in a new exclusive representative, the new representative shall become a successor in interest to the existing or prior collective bargaining agreement. If the election results in no exclusive representative, the result will act as a revocation of any existing collective bargaining agreements for the bargaining unit.
(c) Election process.
(1) Upon determination of adequate support for a request of certification or decertification, the LRA will provide public notification of the request. Any additional interested employee organization must submit a petition of intervention to the LRA, which must be accompanied by a showing of interest petition signed by not less than thirty percent of the employees in a recognized bargaining unit within ten days of notice of the pending election.
(2) The LRA will establish procedures for a secret, mail-ballot election in consultation with the County and any employee organizations, individuals, and/or intervening parties seeking certification or decertification. The election may take place by an alternate method if agreed by the parties. The election will begin not more than forty-five days after the LRA issues a finding of sufficiency.
(3) A simple majority of valid ballots cast will determine the results of any election. In an election that presents a choice of more than one employee organization, all votes cast indicating a preference for a labor organization will be construed as a vote in favor of certifying an exclusive bargaining representative. If a majority of votes favor certifying an exclusive bargaining representative, but no one organization receives a majority, then a run-off election will be held by the two labor organizations receiving the most votes. The organization receiving the majority of votes in the run-off shall prevail.
(4) Recognition of the exclusive bargaining representative is valid from initial certification unless the exclusive bargaining representative is decertified.
(5) No certification election shall be held within six months of a vote of no representation for elections held on or before May 1, 2022, or within twelve months of an election resulting in a vote of no representation thereafter, except as may be ordered as a remedy by the LRA.
(Ord. 21-19. Passed 12-7-21.)