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Sec. 14-4(a). The maximum number of labor organizations to be designated for employee representation shall be limited to a total of four as follows:
1. One organization may represent employees consisting of commissioned personnel of the Tucson police department through the rank of sergeant and non-commissioned personnel employed as Community Service Officers (CSO).
2. One organization may represent employees consisting of commissioned personnel of the Tucson fire department through the rank of captain.
3. One organization may represent employees consisting of all clerical, administrative, professional and technical non-supervisory city employees as set forth in the position compensation plan and designated by the director of human resources and filed with the city clerk.
4. One organization may represent employees consisting of all labor and trades non- supervisory employees (including lead persons) as set forth in the position compensation plan and designated by the director of human resources and filed with the city clerk.
Sec. 14-4(b). Employees who have not successfully completed the initial probationary period in conformance with the civil service commission rules may be members of a labor organization subject to the labor agreement. Membership and representation shall not affect the at-will status of the probationary employee. For purposes of this Chapter, an initial probationary employee may be eligible for representation if designated in the labor agreement and may sign a petition or vote in a representation election if represented under a current labor agreement.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 11733, § 1, 3-3-20; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-5(a). The following employees are ineligible for representation by a labor organization:
1. All commissioned fire personnel at or above the rank of battalion chief.
2. All commissioned police personnel at or above the rank of lieutenant.
3. All other city employees who are supervisory, professional, excluded or confidential employees.
4. Non-permanent (intermittent, seasonal and/or temporary employees as defined in Tucson Code Section 10-3) employees and persons employed on a contract basis.
Sec. 14-5(b). The director of human resources shall have the authority and responsibility, subject to city manager review and approval, for determining which employees are eligible for representation in employee groups consistent with the provisions of this chapter. An employee or a labor organization representing the employee group to which the employee would belong may request that this determination be reviewed by the city manager. The request for review shall set forth the reasons for the disagreement in writing. On review, the city manager's decision to either uphold or overturn the initial determination of eligibility shall be final.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-6(a). If there is no current labor agreement in existence, eligible members of the employee group may petition the city clerk to conduct an election not later than one hundred eighty (180) days prior to the beginning of the city's fiscal year to determine if representation is desired within the employee group.
Sec. 14-6(b). During the existence of a current labor agreement between the city of Tucson and an employee group, eligible members of said group may petition the city clerk to conduct an election to determine representation within that group, not earlier than one hundred eighty (180) days prior to the expiration date of the current existing agreement and no later than ninety (90) days prior to the expiration of the then current existing agreement.
Sec. 14-6(c). At any time not earlier than one hundred eighty (180) days and no later than ninety (90) days prior to the expiration of an applicable labor agreement, any member of an employee group can initiate an election to decertify an exclusive representative by submitting a petition containing not less than thirty-three percent (33%) of the eligible employees in the employee group. The petition verification and election shall be conducted in the same manner as a representation election.
Sec. 14-6(d). No more than one (1) election per employee group may be held within a fiscal year.
Sec. 14-6(e). The petition and election procedures set forth in this Section and in this Chapter are not required for the designation and recognition of a successor labor organization. For the purposes of this Chapter, a successor labor organization means a new local chapter of a national or international labor organization that has already been recognized by the mayor and council as authorized to represent eligible employees. Upon confirmation by the governing national or international labor organization that the new local has been approved, the successor labor organization will take the place of its predecessor without an election; and the city manager may approve an amendment to the applicable labor agreement to substitute the successor labor organization for its predecessor.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12045, § 1, 10-3-23; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-7(a). The maximum number of employee associations to be designated for representation of professional and supervisory employees shall be limited to a total of four (4) as follows:
1. One association may represent employees consisting of commissioned personnel of the Tucson police department with the rank of lieutenant and above.
2. One association may represent employees consisting of commissioned personnel of the Tucson fire department with the rank of battalion chief and above.
3. One association may represent employees consisting of all city employees in professional classifications as set forth in the city’s position compensation plan.
4. One organization may represent employees consisting of all supervisory employees (excluding lead persons) as set forth in the city’s position compensation plan.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-8(a). The following employees are ineligible for representation by an employee association:
1. Employees eligible for representation by a labor organization.
2. All other city employees who are excluded or confidential employees.
Sec. 14-8(b). The human resources director shall have the authority and responsibility, subject to city manager review and approval, for determining which employees are eligible for representation consistent with the provisions of this chapter. An employee may request that this determination be reviewed by the city manager. The request for review shall set forth the reasons for the disagreement in writing. On review, the city manager’s decision to either uphold or overturn the initial determination of ineligibility shall be final.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-9(a). If the City Manager has not recognized an employee association to represent one of the professional/ supervisory employees defined in Section 14-7, eligible employees may file a petition with the city clerk to conduct an election not later than ninety (90) days prior to the beginning of the city's fiscal year to determine if representation is [desired].
Sec. 14-9(b). During the time there is recognition of a professional/ supervisory employee group, an eligible member of said group may file a petition with the city clerk to conduct an election to determine representation, not earlier than one hundred eighty (180) days prior to the beginning of the city's fiscal year.
Sec. 14-9(c). No more than one election per employee group may be held within a fiscal year.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
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