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81-075
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Last modified
1/3/2012 12:33:32 PM
Creation date
6/26/2003 10:46:52 AM
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City Clerk
Doc Type
Resolution
Doc #
81-75
Date
5/18/1981
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In the event that the parties are unable to agree on a third party to conduct <br />an election, the election shall be conducted by the California State Concilia- <br />tion Service. Costs of conducting elections, shall be borne in equal shares by <br />the City and by each employee organization appearing on the ballot. <br /> <br />In cases where a Memorandum of Understanding between the City and an employee <br />organization is in effect on the effective date of this Resolution~ it shall <br />be presumed for the duration of the Memorandum of Understanding that the unit <br />set forth in the Memorandum of Understanding is appropriate and that the em- <br />ployee organization is the majority representative of the employees covered <br />therein. Unless a petition is filed pursuant to Section 12 below, it shall be <br />presumed that when said Memorandum of Understanding terminates the employee <br />organization shall continue to be a majority representative of employees covered <br />by said Memorandum of Understanding for the purposes of meeting and conferring <br />regarding matters within the scope of representation; provided, however, the <br />employee organization files with the City the information required by Section <br />6(A) (1) through (13) of this Resolution. Nothing contained herein shall preclude <br />an employee organization from filing a petition for recognition pursuant to <br />Section 6 or Section 10 of this Resolution at the expiration of Memoranda of <br />Understanding which expire on June 30, 1981. <br /> <br />Section 10: Procedure for Decertification of Recognized Employee Organization <br /> <br />A Decertification Petition alleging that the incumbent Recognized Employee Orga- <br />nization no longer represents a majority of the employees in an established appro- <br />priate unit may be filed with the Employee Relations Officer only during the <br />month of January of any year following the first full year of recognition or <br />during the thirty (30) day period commencing one hundred eighty (180) days prior <br />to the termination date of a Memorandum of Understanding then having been in <br />effect less than three (3) years, whichever occurs later. A Decertification <br />Petition may be filed by employees or their representative, or am employee orga- <br />nization, and shall contain the following information and documentation declared <br />by the. duly-authorized signatory under penalty of perjury to be true, correct <br />and complete: <br /> <br />me <br /> <br />The name, address and telephone number of the petitioner and a designated <br />representative authorized to receive notices or requests for further infor- <br />mation. <br /> <br />The name of the established appropriate unit and of the incumbent Recognized <br />Employee Organization sought to be decertified as the representative of that <br />unit. <br /> <br />Ce <br /> <br />An allegation that the incumbent Recognized Employee Organization no longer <br />represents a majority of the employees in the appropriate unit, and any <br />other relevant and material facts relating thereto. <br /> <br />Proof of employee support that a majority of the employees in the established <br />appropriate unit no longer desires to be represented by the incumbent Recog- <br />nized Employee Organization. Such proof shall be submitted for confirmation <br />to the Employee Relations Officer or to a mutually-agreed upon disinterested <br />third party. <br /> <br />The Employee Relations Officer can only accept those petitions which (1) request <br />decertification of the current formally recognized employee organization and (2) <br />do not request to carve out another unit from the already established appropriate <br />unit. <br /> <br />An employee organization may file a Petition under this Section in the form of <br />a Recognition Petition that conforms to the requirements of Section 6 of this <br />Resolution in satisfaction of the Decertification Petition requirements hereunder. <br /> <br />The Employee Relations Officer shall initially determine whether the Decertifi- <br />cation Petition or Recognition Petition, if any, have been filed in compliance <br />with the applicable provisions of this Resolution, If his determination is in <br />the negative, he shall offer to consult thereof with the representative(s) of <br />such petitioning employees or employee organization, and, if such determination <br />thereafter remains unchanged, shall return such Petition(s) to the employees <br />or employee organization with a statement of the reasons therefor in writing. <br />The petitioning employees or employee organization may appeal such determina- <br />tion in accordance with Section 13 of this Resolution. <br /> <br /> <br />
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