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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)
Sec. 14-10(a). Employees who hold a position, at the time the petition to conduct an election is certified by the director of human resources and the city clerk, as a permanent, full-time, employee in a job classification included within the scope of the employee group for which an election is sought shall be eligible to sign the petition. A probationary employee shall be eligible to sign a petition if a then-current labor agreement provides that probationary employees are represented.
Sec. 14-10(b). Employees who hold a position, at the time of an election, as a permanent, full-time, employee in a job classification included with the scope of the employee group shall be eligible to vote in the election subject to the petition. A probationary employee shall be eligible to vote in the election if a then current labor agreement provides that probationary employees are represented.
Sec. 14-10(c). Employees who wish to petition for a call of an election to determine representation by a labor organization or an employee association must:
2. Sign a valid petition requesting that an election be called for the purpose of determining representation.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-11(a). An employee who wishes to petition to conduct an election to determine representation of an employee group must complete and file an application for petition for election with the city clerk.
Sec. 14-11(b). The form of the petition shall include the issue date, petition number, name of labor organization or employee association, and employee group seeking representation.
Sec. 14-11(c). Each petition shall be in a form prescribed by the city clerk.
Sec. 14-11(d). A petition to conduct an election to determine representation of an employee group must bear the signatures of eligible employees pursuant to Sec. 14-10(a), of an employee group in a number equal to at least thirty-three percent (33%) of the employees of the employee group as of the date the application for a petition is submitted to the city clerk.
Sec. 14-11(e). Within five (5) business days of issuing the petition, the city clerk will notify the petitioners of the number of signatures needed equal to at least thirty-three percent (33%) of the eligible employees.
Sec. 14-11(f). Each petition submitted to the city clerk shall contain the name of the employee group, the name of the labor organization or employee association, signature, printed name, employee number, date of signature, and employee position of each person signing the petition.
1. No signature on a petition shall bear a date greater than ninety (90) days in advance of submittal.
2. If an eligible employee signs more than one (1) copy of the same petition or more than one (1) petition if there are competing petitions, then the earliest signature is the only valid signature unless it was officially withdrawn in writing submitted to the city clerk. No supplemental filings are allowed.
Sec. 14-11(g). The signatures of employees on the petitions requesting an election shall be verified by the director of human resources in order to determine current employment within the employee group. A signature is not eligible for verification and is ineligible for inclusion in the total number of valid signatures (and shall immediately be so designated by the human resources department by marking an encircled "hr" in the margin to the right of the signature lines), if it meets any of the following criteria:
1. The signature is missing from the signature line.
2. The employee number or employee position is missing from the signature line.
3. The date of signing is missing or incomplete (to be complete, the date must include the month and day).
4. There is more than one (1) signature placed on the numbered signature line, in which case only the signature which is actually on the line will be eligible for verification and all other signatures shall be rejected.
5. The signature is made in the margin or otherwise outside the signature space on the numbered signature line.
6. The signature has been withdrawn, pursuant to written authorization by the signer.
7. The signature is by an employee who is ineligible.
8. The signature or accompanying information is, in the opinion of the director of human resources, otherwise insufficient or defective.
9. Signatures which have been crossed out, or otherwise defaced, prior to being received by the city clerk are not eligible for verification, and are ineligible for inclusion in the total of valid signatures (and shall be so designated by the city clerk by marking an encircled "cc" in the margin to the right of the signature line).
Sec. 14-11(h). The director of human resources shall, within thirty (30) days from receiving the petition, verify that thirty-three percent (33%) of the eligible employees within the designated group have signed the petition. The city clerk and the director of human resources shall then promptly post conspicuous notice of receipt of such petition and the result of the verification process.
Sec. 14-11(i). The city clerk shall conduct a representation election among the employees in the employee group within thirty (30) days after verification by the director of human resources that thirty-three percent (33%) of the eligible employees within the designated group have signed the petition.
Sec. 14-11(j). Once a petition has been filed with the city clerk calling for a representation election, other organizations or associations in the same employee group may seek to be placed on the ballot by filing an application for petition.
Sec. 14-11(k). The organization or association must also file a petition containing the valid dated signatures of not less than thirty-three percent (33%) of the employees in the employee group. This petition must be filed no later than ten (10) days after the director of human resources and the city clerk have posted a written notice that a petition containing the valid signatures of employees has been filed by a labor organization or employee association.
Sec. 14-11(l). A labor organization or employee association that is recognized pursuant to this article as the representative of an employee group at the time a petition for an election is verified shall appear on the ballot without the requirement to submit a petition.
(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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