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EXHIBIT B (Continued) <br />the more appropriate unit, at which time the petitioning employee organizations shall be heard. <br />Thereafter, the Employee Relations Officer shall determine the appropriate unit or units In <br />accordance with the standards in Section 11 of this Resolution. The petitioning employee <br />organizations shall have fifteen (15) days from the date notice of such unit determination is <br />communicated to Them by the Employee Relations Officer to amend their petitions to conform to <br />such determination or to appeal such determination pursuant to Section 13 of this Resolution. <br />Section 9: Election Procedure <br />The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party <br />agreed to by the Employee Relations Officer and the concerned employee organization(s) in <br />accordance with its rules and procedures subject to the provlsions of this Resolution. All employee <br />organizations who have duly submitted petitions which have been determined to be in <br />conformance with this Resolution shall be included on the ballot. The choice of "no organization" <br />shall also be included on the ballot. Employees entitled to vote in such election shall be those <br />persons employed full time in regular, permanent positions within the designated appropriate unit <br />who were employed during the pay period immediately prior to the date which ended at least <br />fifteen (15) days before the date the election commences, including those who did not work during <br />such period because of Illness, vacation or other authorized leaves of absence, and who are <br />employed by the City in the some unit on the date of election. An employee organization shall be <br />formally acknowledged as the Recognized Employee Organization for the designated appropriate <br />unit following an election or runoff election if it received a numerical majority of all valid votes cast <br />in the election. If an election involving three or more choices, where none of the choices receives a <br />majority of the valid votes cast, a runoff election shall be conducted between the two choices <br />receiving the largest number of valid votes cast (that is, either between two employee <br />organizations, or one employee organization and no representation); the rules governing an initial <br />election being applicable to a runoff election, except that the runoff election shall be held within <br />fifteen (15) days following the certification of the initial election results. <br />There shall be no more than one valid election under this Resolution pursuant to any petition in a 12- <br />month period affecting the some unit. In the event that the parties are unable to agree on a third <br />party to conduct an election, the election shall be conducted by the California State Conciliation <br />Service. Costs of conducting elections shall be borne in equal shares by the City and by each <br />employee orgoniza[ion appearing on the ballot. <br />In cases where a Memorandum of Understanding between the City and an employee organization <br />is in effect on the effective date of this Resolution, it shall be presumed for the duration of the <br />Memorandum of Understanding that the unit set forth in the Memorandum of Understanding is <br />appropriate and that the employee organization is the majority representative of the employees <br />covered therein. Unless a petition is filed pursuant to Section 12 below, it shall be presumed that <br />when said Memorandum of Understanding terminates the employee organization shall continue to <br />be a majority representative of employees covered by said Memorandum of Understanding for the <br />purposes of meeting and conferring regarding matters within the scope of representation; provided, <br />however, the employee organization files with the City the information required by Section b(a), 1 <br />CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: JANUARY 1, 2019 THROUGH JUNE 30, 2022 <br />Page 92 <br />#I0865v2 <br />