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(a) Any registered employee organization determined by Section 16.209 of this Ordinance may request recognition as the exclusive representative of a bargaining unit by filing with the Civil Service Commission a written statement indicating verification of employee approval in the form of a signed petition, authorization cards, or union membership cards signed and dated by employees not more than six months prior to submission of 30 percent of the employees in the particular bargaining unit.
(b) Unless the provisions of Government Code section 3507.1(c) have been satisfied, the Civil Service Commission shall give written notice to the other registered employee organizations having members in the bargaining unit for which recognition is sought. Within 30 calendar days from the date of such notice, an employee organization with membership in the particular bargaining unit may file a challenging petition seeking to become the exclusive representative of said unit. The challenging statement shall contain verification, in the form of a signed petition, authorization cards, or union membership cards signed and dated by employees not more than six months prior to submission of 30 percent of the employees in the bargaining unit. Upon submission of such verification the challenging employee organization shall be placed on the ballot.
(c) If a challenging petition has been filed, the Civil Service Commission Department shall, within 30 days after the period for filing a challenging petition expires or as soon thereafter as practicable, cause to be conducted a secret ballot election within the bargaining unit to determine which organization, if any, shall be recognized as the exclusive representative of the bargaining unit.
(d) If no challenging petition has been filed, and provided that the provisions of Government Code section 3507.1(c) are not applicable, the Civil Service Commission shall, within 30 days after the period for filing a challenging petition expires or as soon thereafter as is practicable, cause to be conducted a secret ballot election within the bargaining unit to determine which organization, if any, shall be recognized as the exclusive representative of the bargaining unit.
(e) The ballot in any such election shall contain the choice of "no organization." Where there are three or more choices and no one receives a majority of the valid ballots cast, a run-off election shall be conducted between the two choices receiving the largest number of ballots cast.
(f) Employees entitled to vote in a representation election shall be those employees within the bargaining unit with permanent status whose names appear on the last payroll bearing a date which is no less than 30 calendar days prior to the date on which the election is to be held or such other date within the discretion of the Civil Service Commission as may be practicable under the circumstances.
(g) There shall be no more than one valid representation election in a 12 month period within the same bargaining unit.
(h) As an alternative to the procedures outlined above, the provisions of MMBA, Government Code section 3507.1.(c) may be employed to the extent that the requirements of that section are met. The Civil Service Commission will certify an organization as the exclusive representative upon verification that all such requirements are met. A determination as to whether the requirements have been met shall be made in accordance with the provisions of Government Code section 3507.1(c).
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
A decertification petition may be filed with the Civil Service Commission by employees or by an employee organization to determine whether or not the exclusive representative continues to represent a majority of the employees in the bargaining unit. Such petition must be accompanied by proof of employee approval in the form of a signed petition, authorization cards, or union membership cards signed and dated by employees not more than six months prior to submission equal to at least 30 percent of the employees within the bargaining unit, and must be filed within the period between the 90th and 60th day immediately preceding the expiration date of the exclusive representative's existing memorandum of understanding, provided that the existing memorandum of understanding does not exceed a two year period. In the event the existing memorandum of understanding does exceed a two year period, the decertification petition may also be filed within the period between the 90th and 60th day immediately preceding the expiration of the second year of the memorandum of understanding. When such a petition has been filed, the Civil Service Commission shall cause to be conducted a secret ballot election to determine whether the incumbent exclusive representative shall be decertified and whether another organization shall be recognized. If the challenging employee organization receives a majority of the valid votes cast, the present exclusive representative will be decertified and the employee organization receiving a majority of the valid votes cast will become the exclusive representative. There shall be no more than one decertification election in a 12 month period, and no more than one decertification election during the first three years of the term of a memorandum of understanding, within the same bargaining unit.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
(a) This section shall apply only to peace officers as defined in Penal Code section 830.1 and management employees, as well as their exclusive representatives.
(b) It shall be an unfair labor practice for the City and County to:
(1) Interfere with, restrain, or coerce employees in the exercise of the rights recognized or granted in this Ordinance, or guaranteed by Government Code section 3502 or by any local rule adopted pursuant to Government Code section 3507;
(2) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another in violation of rights guaranteed by Government Code section 3502 or 3508(c) or any local rule adopted pursuant to Government Code section 3507;
(3) Refuse to meet and confer in good faith as required by Government Code section 3505 or any local rule adopted pursuant to Government Code section 3507 at reasonable times, places and frequencies when the employee organization involved is an exclusive representative;
(4) Refuse or fail to cooperate and exercise good faith in any impasse procedure mutually agreed to pursuant to Government Code section 3505 or 3505.2, or required by any local rule adopted pursuant to Government Code section 3507, including the City Charter;
(5) Adopt or enforce a local rule that is not consistent with MMBA; or
(6) In any other way violate MMBA or any reasonable local rule for the administration of employer-employee relations adopted pursuant to Government Code section 3507 and in compliance with State or local meet and confer requirements.
(c) It shall be an unfair labor practice for any officer of the City and County to meet and confer, or attempt to meet and confer, over matters within the scope of representation with someone other than the exclusive representative.
(d) It shall be an unfair labor practice for an employee, an employee organization, an employee representative, or any agent thereof to:
(1) Interfere with, restrain, or coerce employees in the exercise of the rights recognized or granted in this Ordinance;
(2) Refuse to meet and confer in good faith at reasonable times, places and frequencies when the employee organization involved is an exclusive representative;
(3) Refuse or fail to cooperate and exercise good faith in any impasse procedure mutually agreed to pursuant to Government Code section 3505 or 3505.2, or required by any other local rule adopted pursuant to Government Code section 3507, including the City Charter;
(5) Cause or attempt to cause the City and County to engage in conduct prohibited by MMBA, City Charter or any other reasonable local rule for the administration of employer-employee relations adopted pursuant to Government Code section 3507 and in compliance with State or local meet and confer requirements; and
(6) In any other way violate MMBA or any reasonable local rule for the administration of employer-employee relations adopted pursuant to Government Code section 3507 and in compliance with State or local meet and confer requirements.
(e) It shall be an unfair labor practice for any employee, an employee organization, an employee representative, or any agent thereof, to meet and confer, or attempt to meet and confer, over matters within the scope of representation with someone other than the Human Resources Director or a duly authorized designee.
The provisions of this subsection shall not apply to an employee, an employee organization, an employee representative, or any agent thereof, who desires to communicate with the Board of Supervisors during the meeting and conferring process and does so in writing and addresses said communication to the Clerk of the Board of Supervisors with the request that all members of the Board of Supervisors be provided with copies of the communication.
(Amended by Ord. 415-76, App. 10/15/76; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
Nothing in this ordinance requires peace officers as defined in Penal Code section 830.1, or management employees, or their exclusive representatives, or the City and County to exhaust any local procedure or administrative remedy prior to filing a legal action in Superior Court asserting that a party covered by this section has violated any provision of this Ordinance, the City Charter, or any provision of the MMBA.
(Added by Ord. 296-10, File No. 101157, App. 12/3/2010; amended by Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
For charges filed administratively, Civil Service Commission Unfair Labor Practice Procedures:
(a) Processing Violations. Unfair practice charges may be filed by an employee, employee organization, or the City and County.
(b) Contents of Charge. A charge may be filed alleging that an unfair practice or practices have been committed. The charge shall be in writing, signed under penalty of perjury by the party or its agent with a declaration that the charge is true, and complete to the best of the charging party's knowledge and belief, and contain the following information:
(1) The name and address of the party alleged to have engaged in an unfair practice;
(2) The name, address, and telephone number of the charging party;
(3) The name, address, and telephone number of an authorized agent of the charging party to be contacted;
(4) The sections of the Government Code, this Ordinance, or other local rule alleged to have been violated;
(5) A clear and concise statement of the facts and conduct alleged to constitute an unfair practice;
(6) A statement whether or not an agreement or memorandum of understanding exists between the parties, and the date and duration of such agreement or memorandum of understanding;
(7) A statement of the extent to which and the inclusive dates during which the parties have invoked any grievance machinery provided by an agreement, or, where applicable, have invoked procedures provided by the employer for resolving public notice complaints;
(8) A statement of the remedy sought by the charging party;
(9) Proof of service on the respondent.
(c) Processing of Case.
(1) When a charge is filed, it shall be assigned to a Civil Service Commission designee for processing.
(2) The powers and duties of such designee shall be to:
(A) Assist the charging party to state in proper form the information required by section 16.215(b);
(B) Answer procedural questions of each party regarding the processing of the case;
(C) Facilitate communication and the exchange of information between the parties;
(D) Within 30 days of the filing of a charge, schedule the charge for determination by an administrative law judge.
(3) The respondent shall be apprised of the allegations, and may state its position on the charge during the course of the inquiries. Any written response must be signed under penalty of perjury by the party or its agent with the declaration that the response is true and complete to the best of the respondent's knowledge and belief. Service and proof of service pursuant to Section 16.215(b) are required.
(4) Withdrawal of Charge. Any request for withdrawal of the charge shall be in writing, signed by the charging party or its agent, and state whether the party desires the withdrawal to be with or without prejudice. Request for withdrawal of the charge before a hearing has been scheduled shall be granted. Repeated withdrawal and refiling of charges alleging substantially identical conduct may result in refusal to schedule a charge for hearing. If the hearing has been scheduled, the designee shall determine whether the withdrawal shall be with or without prejudice. If, during hearing, the respondent objects to withdrawal, the hearing officer may refuse to allow it. Service and proof of service of the withdrawal pursuant to Section 16.215(b) are required.
(Added by Ord. 296-10, File No. 101157, App. 12/3/2010; amended by Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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