Representation proceedings are administered by the Director of Human Resources to resolve questions concerning representation and determine the exclusive recognized employee organization for authorized employee representation units.
(a) Recognition Requests and Petitions. An employee organization may seek to become the exclusive recognized employee organization of an authorized employee representation unit by filing a voluntary recognition request or petition for certification or decertification, as applicable. A voluntary recognition request is appropriate where an employee organization desires to become the exclusive recognized employee organization of an unrepresented authorized employee representation unit, without an election, based on a showing that a majority of the employees in the unit desire representation by such employee organization. Voluntary recognition is not appropriate where another employee organization has previously been recognized as the exclusive representative of all or part of the same unit. A petition for certification and/or decertification is appropriate where an election is required to determine the exclusive representative, if any, of an authorized employee representation unit comprised of currently represented employees.
(1) Voluntary Recognition Requests.
(A) Content and Timing of Voluntary Recognition Requests. An employee organization may file a petition at any time seeking voluntary recognition to become the exclusive representative of an existing unrepresented unit. An employee organization that has not filed a petition for unit creation may, within 30 days after the creation of the new authorized employee representation unit by the Board of Supervisors, file a voluntary recognition request with the Director of Human Resources which shall contain the following information:
(I) The name and street address of the employee organization.
(II) The name, title, mailing address and business telephone numbers of the employee organization’s principal representative.
(III) A statement that the organization has no restriction on membership based on race, color, creed, national origin, sex, age, physical handicap, marital status, sexual orientation or political affiliation.
(IV) A statement that the primary purpose of the employee organization is to represent employees on matters concerning wages, hours, and other terms and conditions of employment.
(V) A statement as to whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such organization.
(VI) Certified copies of the employee organization's constitution and by-laws.
(VII) Individually signed employee authorization cards dated within 30 days prior to the filing of the petition, which show proof of support of more than 50 percent of the employees within the proposed new authorized employee representation unit. Such signed employee authorization cards shall clearly set forth the intent of the employee with respect to representation by the employee organization.
An employee organization that has filed a valid petition for unit creation shall not be required to also submit a voluntary recognition request, if it provided individually signed employee authorization cards dated within 30 days after the creation of the unit which showed proof of support of a majority of employees in the new authorized employee representation unit. An employee organization that has filed a valid petition for unit creation but has not provided authorization cards from a majority of employees in the new authorized employee representation unit shall not be required to file a voluntary recognition request but must provide additional individually signed employee authorization cards, within 30 days of the creation of the new unit, which show proof of majority support.
(B) Response to Voluntary Recognition Request.
(I) If after the initial determination the proof of support is insufficient, the Director of Human Resources may allow up to ten days to perfect the proof of support.
(II) A petition may be amended to correct technical errors or to add or delete job classifications from the proposed unit at any time prior to the certification of the results. The amendment shall be filed with the Director of Human Resources and provide the information required in § 13.0207(a)(1)(A). In addition, amendments to add new job classifications to a proposed unit shall be subject to the following: additional proof of support, if needed to maintain standing as a petitioner, shall be filed with the Director of Human Resources concurrently with the amendment.
(III) Upon receipt of a voluntary recognition request, a neutral third party shall be selected by the Director of Human Resources and the employee organization to review the signed petition and authorization cards to verify whether the employee organization has majority support, defined as more than 50 percent of the employees of the designated unit. In the event the Director of Human Resources and the employee organization cannot agree on a neutral third party, the State Mediation and Conciliation Service, or its successor, shall be the neutral third party and shall verify the majority status of the employee organization.
(C) Certification of Results. In the event that the neutral third party determines, based on the signed petition and authorization cards, that an employee organization has the support of a majority of the employees in the new representation unit, it shall be certified as the exclusive recognized employee organization of that representation unit.
(D) Absence of Support of a Majority of Employees. In the event that the neutral third party determines, based on the signed petition and authorization cards, that (1) the petitioning employee organization does not have majority support, but has support of at least 40 percent or (2) a second employee organization has the support of at least 30 percent of the employees in the unit in which recognition is sought, the neutral third party shall order an election to establish whether an employee organization, if any, has majority status.
(2) Petition for Certification or Decertification.
(A) Content and Timing of Petition for Certification and/or Decertification. An employee organization may file a petition for certification and/or decertification seeking to decertify an existing employee organization and/or become the exclusive recognized employee organization of an existing or newly created representation unit, as applicable. An employee or group of employees may file a decertification petition seeking to decertify the incumbent exclusive recognized employee organization of an existing representation unit. Such petitions for certification or decertification may only be filed during the 30 day period beginning not earlier than 360 days and ending not later than 330 days before the expiration of any existing memorandum of understanding or at any time when a valid memorandum of understanding is no longer in effect.
(I) A petition for certification and/or decertification filed by an employee organization shall contain:
(i) The name and street address of the employee organization.
(ii) The name, title, mailing address and business telephone numbers of the employee organization’s principal representative.
(iii) A statement that the organization has no restriction on membership based on race, color, creed, national origin, sex, age, physical handicap, marital status, sexual orientation or political affiliation.
(iv) A statement that the primary purpose of the employee organization is to represent employees on matters concerning wages, hours, and other terms and conditions of employment.
(v) The date of expiration of any memorandum of understanding or extension of such memorandum.
(vi) A statement as to whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such organization.
(vii) Certified copies of the employee organization's constitution and by-laws.
(viii) Individually signed employee authorization cards dated within 30 days prior to the filing of the petition which show proof of support of 40 percent or more of the employees within the representation unit. Such signed employee authorization cards shall clearly set forth the intent of the employee with respect to representation by the employee organization.
(II) A petition for decertification filed by an employee or group of employees shall contain:
(i) The name, address and telephone number of the individual authorized to act as their agent in filing a petition for decertification.
(ii) The date of expiration of any memorandum of understanding or extension of such memorandum.
(iii) Individually signed employee statements dated within 30 days prior to the filing of the petition, which show proof of support of 40 percent, or more of the employees within the representation unit. Such signed employee statements shall clearly set forth the intent of the employee to no longer be represented by the exclusive recognized employee organization.
(B) Response to Petition.
(I) Upon receipt of the petition for certification or decertification, the Director of Human Resources shall determine whether or not there has been compliance with the requirements of § 13.0207(a)(2)(A).
(II) If after the initial determination the proof of support is insufficient, the Director of Human Resources may allow up to ten days to perfect the proof of support. Upon completion of the review of the proof of support, the Director of Human Resources shall inform the parties in writing of the final determination as to sufficiency or lack thereof regarding the proof of support.
(III) If an affirmative decision is made by the Director of Human Resources, it shall direct a secret ballot election to be held to resolve the question of representation. A second employee organization can be placed on the ballot if it can provide a showing of interest of not less than 30 percent of the employees in the bargaining unit. Sufficient showing of interest shall be evidenced by individually signed employee authorization cards dated within 30 days prior to the filing of the petition, which shall clearly set forth the intent of the employee with respect to representation by the employee organization. If the Director of Human Resources determines that the petition for certification or decertification is not in compliance, it shall be dismissed.
(C) Amendment of Petition.
(I) A petition may be amended to correct technical errors or add or delete job classifications from the proposed unit at any time prior to the election. The amendment shall be filed with the Director of Human Resources and provide the information required in § 13.0207(a)(2)(A).
(II) In addition, amendments to add new job classifications to a proposed unit shall be subject to the following: additional proof of support, if needed to maintain standing as a petitioner, shall be filed with the Director of Human Resources concurrently with the amendment. The Director of Human Resources shall expeditiously determine the adequacy of the proof submitted.
(b) Election Procedures. Elections shall be conducted to determine which, if any, employee organization shall be chosen by eligible employees as the exclusive recognized employee organization of an authorized employee representation unit. The State Mediation and Conciliation Service shall conduct secret ballot elections in accordance with standard procedures and regulations established by the State Mediation and Conciliation Service consistent with the provisions of this Chapter.
(1) Consent Election Agreement. Upon directing an election, the Director of Human Resources, any employee organizations that will appear on the ballot, and other involved parties shall, with the assistance of the State Mediation and Conciliation Service, attempt to agree on procedural matters related to the conduct of the election. Such procedural matters may include the method of the election, dates, hours, locations, and the order and wording of ballots.
(2) Ballot. Provided that the employee organizations have established proof of support as required in this Chapter, there shall be on the ballot:
(A) The name of the incumbent organization;
(B) The name of the petitioning employee organization;
(C) The name of any challenging employee organizations; and
(D) A provision for “no representation.” An incumbent exclusive representative of employees shall not be required to provide proof of support to be placed on the ballot.
(3) Eligible Voters. Shall be defined as those employees in the authorized employee representation unit whose names appear on the payroll immediately prior to the date of the election, including those on vacation, short-term layoff, or authorized leave of absence, and who remain employed by the County in the same unit on the date of the election.
(4) Voting Results. The State Mediation and Conciliation Service shall declare the results of an election. The State Mediation and Conciliation Service shall:
(A) Certify, as the exclusive recognized employee organization of the authorized employee representation unit, the employee organization receiving a majority of the valid votes cast; or
(B) Declare that no employee organization is the exclusive recognized employee organization of the unit if the choice “no representation” received a majority of valid votes cast.
(5) Runoff Election. If the ballot included three or more choices and no choice received a majority of the valid votes cast, a runoff election shall be held, as soon as practicable, between the two choices receiving the largest number of valid votes. Only employees who were eligible to vote in the first election and who remain eligible on the date of the runoff election shall be eligible to vote in the runoff election.
(6) Costs of Election. Any costs incurred in conducting an election shall be borne equally by the County and the employee organizations appearing on the ballot. Such costs do not include the costs incurred in the use of any employees, agents, or attorneys.
(7) Certification/Election Bar. For a period of one year after an employee organization is certified as the exclusive recognized employee organization or for a one year period following the date of an election that did not result in the certification of an exclusive representative, an employee organization may not file a modification or representation petition for that unit or any subdivisions thereof.
(Am. Ord. 3304, passed - -1989; Am. Ord. 3707, passed - -1998; Am. Ord. 3991, passed - -2006; Am. Ord. 4210, passed - -2013; Am. Ord. 4290, passed - -2015)