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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)
Sec. 14-12(a). Upon verification of the submitted petitions by the director of human resources the city clerk shall conduct and supervise the election to determine which, if any, labor organization or employee association shall be recognized by the city for any employee group.
Sec. 14-12(b). Upon verification by the director of human resources and the city clerk of the submitted petitions, the city clerk shall provide a courtesy notice to the interested parties. The notice should include the verification and timeline for the election.
Sec. 14-12(c). The requesting organization or association shall be allowed use of bulletin boards in those departments, where employees eligible to vote are located, to post organization or association related news bulletins, notice of organization or association meetings and information relating to the election. Prior to posting, materials shall be initialed by the department director or designee and the city clerk or designee.
Sec. 14-12(d). Ballots for the election shall be prepared by the city clerk, and shall contain the names of those competing labor organizations or employee associations and an option for no representation. Employees voting shall cast only one (1) vote. The name of the requesting group shall be listed on the ballot first, followed by the currently recognized group, if any, and any competing groups in alphabetical order. Last choice shall be "No Representation."
Sec. 14-12(e). Ballot boxes shall be sealed by the city clerk.
Sec. 14-12(f). Elections shall be conducted at a neutral location as determined by the city clerk.
Sec. 14-12(g). Voting shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Each competing organization or association shall be allowed one (1) representative as an observer during voting. Counting of ballots shall commence immediately after the close of the polls.
Sec. 14-12(h). No personal electioneering shall be permitted on City property or during normal duty hours by any city employee or representative of those labor organizations or employee association which are party to the election. Electioneering occurs when an individual, by verbal expression and in order to induce or compel another person to vote in a particular manner or refrain from voting, expresses support for or opposition to a labor organization or an employee group that appears on the ballot in that election.
1. There shall be no electioneering, photography, or videography with the seventy-five (75) foot limit of any representation election voting location as posted by the city clerk, or within seventy-five (75) feet of the main outside entrance to any representation election voting location.
2. An election official or person who is authorized to be within the seventy-five (75) foot limit, shall not wear, carry or display materials that identify or express support for or opposition to the labor organization or employee association which are party to the election and shall not electioneer within the seventy-five (75) foot limit of a voting location.
3. Any city employee violating this section shall be subject to discipline in accordance with city administrative directives. Any labor organization or employee association representative violating this paragraph shall be denied access to the department where the violation occurred until the election has been conducted. Any issues may be reviewed by the city attorney on a case by case basis.
Sec. 14-12(i). There shall be no coercion or intimidation either directly or indirectly upon or against any person in order to induce or compel such person to vote or refrain from voting for or against a labor organization. Any city employee violating this paragraph shall be subject to discipline in accordance with city administrative directives. Any labor organization or employee association representative violating this paragraph shall be denied access to the department where the violation occurred until the election has been conducted. Any issues may be reviewed by the city attorney on a case by case basis.
Sec. 14-12(j). The counting of the ballots shall be completed by the city clerk. Each competing organization or association shall be allowed one (1) representative as an observer during the counting of the ballots.
Sec. 14-12(k). A plurality of those voting in the election shall prevail.
Sec. 14-12(l). All of the costs of an election held as set forth in this chapter shall be shared and paid for on an equal pro-rata basis by the city and all labor organizations or employee associations represented on the ballot.
Sec. 14-12(m). Election disputes shall be resolved by the city clerk and city attorney whose decision shall be final and binding on the parties.
(Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
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