Sections:
2.20.010 Definitions.
2.20.020 Election of employee representative.
2.20.030 Recognition of authorized representative; voluntary transfer from predecessor organization to successor organization.
2.20.040 County neutrality and employee rights.
2.20.050 Meeting and conferring.
2.20.060 Innovation and quality.
2.20.070 Meet and confer process for certified law enforcement officers.
In this chapter, unless the context otherwise requires:
A. "Eligible employee" means any individual employed by the county including deputies and sergeants in the sheriff's department. "Eligible employee" does not include confidential, managerial or supervisory employees, officers, and elected officials and peace officers as defined in A.R.S. Section 13-105(29), or lieutenants or captains in the Pima County sheriff's department.
B. "Confidential employee" means an employee who, has access to confidential or discretionary information regarding the formulation of county policy or procedures; or whose functional responsibilities or knowledge concerning employee relations makes the employee's membership in an employee organization incompatible with that employee's duties.
C. "Managerial employee" means an employee, including any elected official, who, is engaged predominantly in executive or management functions or who meets the definition of executive employee set forth in the Department of Labor regulations codified at 29 C.F.R. 541.100.
D. "Predecessor organization" means an organization that has been recognized as an authorized representative of county employees under this chapter, but that desires to transfer its status as authorized representative to a successor organization.
E. "Supervisory employee" means an employee, having authority to hire, transfer, suspend, layoff, recall, promote, discipline or discharge other employees, or to adjust their grievances, or to effectively recommend such action if the exercise of such authority is not of a routine or clerical nature but requires the use of independent judgment, as defined in 29 C.F.R. 541.202. The term "supervisor" shall include only those individuals who, pursuant to 29 C.F.R. 541.202, perform a preponderance of the above-specified acts of authority on a day-to-day basis and does not include "lead" persons who direct employee work but lack such authority.
F. "Successor organization" means an organization that a predecessor organization requests succeed the predecessor organization as county employees' authorized representative.
(Ord. 2018-1 § 1 (part), 2018; Ord. 2009-69 § 1 (part), 2009: Ord. 2008-83 § 1 (part), 2008: Ord. 2007-1 § 1 (part), 2007)
A. An employee organization shall be recognized as the authorized representative for eligible employees upon a verified showing that it represents a majority of eligible employees but such recognition shall be on the condition that individual employees and representatives of other employee groups are allowed to communicate freely with county management and the board on employment and personnel issues and so long as the flow of information to county management and the board from other sources is not impeded. A verified showing of majority status shall be established by the following method.
1. Subject to the conditions set forth above, an employee organization shall be entitled to be recognized and certified as the authorized representative of eligible employees upon receiving a majority of valid votes cast in a representation election.
2. A request for election may be filed by an employee organization with the county administrator upon a showing that a minimum of thirty percent of eligible employees have designated the employee organization to represent them. This showing of interest may be made by petition, signed authorization cards, active membership cards or a combination thereof. All such documents must include the legible printed name of the employee, as well as the employee's signature in order to be verified.
3. Within a reasonable time of receiving the petition, signed authorization cards, active membership cards or a combination thereof, but not to exceed twenty days, the county administrator shall verify whether the petition signatures, signed authorization cards, active membership cards or a combination thereof constitute a valid showing of interest in representation by an employee organization of at least thirty percent of eligible employees.
B. Upon verification of the showing of interest as described in subsection A, paragraph 2 of this section, the county shall, within five business days, provide to the petitioning employee organization a list of all eligible employees. The list shall include the employees' department, and job classification, if available. The list shall be provided in both written and electronic format, if available. The determination of which employees are eligible pursuant to this chapter shall be made by the director of the human resources department, in consultation with the petitioning employee organization and the existing authorized representative, if any, and approved by the County Administrator.
C. Upon verification of each group meeting the requirements of subsection A, paragraph 2 of this section, the county administrator, in consultation with each employee organization qualifying to appear on the ballot, shall set an election date that is within thirty calendar days or as mutually agreed upon by the county administrator and the employee organization and shall, in consultation with the employee organization, determine the time(s) and location(s) for the election. The county administrator shall post a notice showing the date and time of the election.
D. Any other employee organization that desires to have its name placed on the election ballot must file such a request within ten business days of the first request for an election and must accompany such a request with a verified showing of interest, as described in subsection A, paragraph 2 of this section, that at least thirty percent of eligible employees have authorized the employee organization to represent them.
E. The election shall be conducted by secret paper ballot and be held at such time(s) and place(s) that all eligible employees have an opportunity to vote. Each employee eligible to vote shall be provided the opportunity to choose the employee organization he/she wishes to represent him/her from among those on the ballot, or to choose "none." Each employee organization on the ballot shall have the opportunity to have an observer stationed at each polling place for the duration of the election and during the vote count. As the meet and confer process will enhance public services and employee relations, voting and participation in this process constitutes a public benefit. Employees shall be given a reasonable opportunity to vote or to serve as designated election observers on paid time pursuant to written administrative procedures promulgated by the county administrator.
F. To be certified and recognized as an authorized representative, an employee organization must receive a majority of the valid votes cast. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of votes.
G. The election and vote count shall be conducted by the county at minimal cost and shall be overseen by a neutral third party mutually agreed to by all participants in the election, who shall serve as the election official. The election official shall report to the board on findings and conclusions regarding the election. The board has the final authority to review such findings and conclusions and to resolve any disputes regarding the operation or outcome of any such election. All costs of the election shall be borne in equal amounts among the county and the participants in the election.
(Ord. 2009-69 § 1 (part), 2009: Ord. 2008-83 § 1 (part), 2008: Ord. 2007-1 § 1 (part), 2007)
A. If an employee organization receives a majority of the valid votes cast in an election provided for in Section 2.20.020, the county administrator shall certify and recognize the organization as the authorized representative for all eligible employees subject to the conditions set forth in Section 2.20.020. There shall be one authorized employee organization for purposes of meeting and conferring, or participating in any other labor-management process authorized by this chapter. However, nothing in this chapter shall prevent individual employees or representatives of other employee groups from communicating directly with county management and the board on employment and personnel issues and nothing in this chapter shall be construed so as to impede the flow of information to county management and the board from other sources.
B. An employee organization recognized as the authorized representative shall be recognized as such for a minimum of five years. An employee organization recognized as the authorized representative that is unsuccessfully challenged in a subsequent election pursuant to this subsection shall be recognized for an additional minimum of five years. Thereafter, recognition as the authorized representative shall continue but may be challenged at any time after five years through the filing of an election request as provided for in Section 2.20.020. The ballot for any such election shall include the existing authorized representative and any employee organization that files a valid petition pursuant to Section 2.20.020.
C. Notwithstanding any other provision of this chapter, a predecessor organization may request that a successor organization succeed it as authorized representative. A request under this subsection must:
1. Be in writing;
2. Be signed by a person authorized to bind the predecessor organization;
3. Be submitted to the county administrator;
4. Identify the successor organization; and
5. Include a written acknowledgement, signed by a person authorized to bind the successor organization, stating that the successor organization is able to and desires to take on the status of county employees' authorized representative.
D. Upon receipt of a request that complies with Section 2.20.030(C), the county must provide reasonable written notice of the request to all eligible employees within five business days. The written notice may be transmitted by electronic means. The written notice must identify the predecessor organization and successor organization, state that the predecessor organization has requested that the successor organization succeed it as county employees' authorized representative, and include a protest form on which the eligible employee can indicate the eligible employee's opposition to the recognition of the successor organization as authorized representative, along with instructions for completing the protest form and submitting it. If more than fifty percent of eligible employees return completed protest forms within thirty calendar days after the date of the written notice to the eligible employees, the county administrator must certify that the successor organization may not succeed the organization as authorized representative, and that the predecessor organization will continue to be recognized as the county employees' authorized representative until another authorized representative is chosen as otherwise provided in this chapter. Otherwise, the county administrator must certify that the successor organization succeeds the predecessor organization, and upon that certification the successor organization will thereafter be recognized as the County employees' authorized representative for purposes of this chapter. For purposes of Section 2.20.030(B), recognition of the successor organization does not commence a new term of recognition, and the successor organization is protected from challenge in a subsequent election only if the predecessor organization was so protected, and then only for the remainder of the period of time that the predecessor organization would have been so protected.
(Ord. 2018-1 § 1 (part), 2018; Ord. 2009-69 § 1 (part), 2009: Ord. 2008-83 § 1 (part), 2008: Ord. 2007-1 § 1 (part), 2007)
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