(A) Any employee organization desiring to represent employees in a representation unit, or anyone seeking to decertify an employee organization, shall first submit to the director a petition in a form as the director may prescribe, together with evidence that at least 30% of the total number of employees in the proposed representation unit are interested in representation or decertification.
(B) The director shall recommend the appropriate representation unit or units sought; thereafter, the City Manager shall establish the representation unit or units, subject only to review as set forth in division (D) of this section.
(C) The city shall not include in any representation unit any employee who is excluded from the definition of employee. The City Manager shall initially designate the representation unit which, in his opinion, will be appropriate for collective bargaining.
(D) The final action of the City Manager, in determining the appropriate representation unit, or in certifying the results of an election under § 34.38 shall be subject to appeal to an independent arbitrator by any petitioner or intervenor in the proceeding. The appeal must be in writing, and must be filed with the City Manager in the form prescribed by him within 10 calendar days, exclusive of Saturdays, Sundays, or holidays, of the action appealed from. The independent arbitrator shall be appointed by the American Arbitration Association under its applicable rules. The fees and expenses of the independent arbitrator and of the American Arbitration Association shall be shared equally by the parties involved. The ruling of the independent arbitrator shall not add to, subtract from, or amend any rules or regulations validly adopted pursuant to the provisions of § 34.39. The ruling of the independent arbitrator shall be final and conclusive. (Ord. 2051, passed 11-22-77)