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SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC 5 (PART-TIME CIVIL SERVICE) (2004-2008)
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SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1939, AFL-CIO, CLC 5 (PART-TIME CIVIL SERVICE) (2004-2008)
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Last modified
1/3/2012 2:12:11 PM
Creation date
11/6/2006 3:34:06 PM
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Contracts
Company Name
SANTA ANA CITY/SEIU INTERNATIONAL UNION LOCAL 347
Contract #
A-2006-150
Agency
PERSONNEL SERVICES
Council Approval Date
6/19/2006
Expiration Date
6/30/2008
Destruction Year
2013
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<br />Section 6 of this Resolution. If such challenging petition(s) seeks establishment of an overlapping unit, the <br />Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the <br />more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the <br />Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section <br />II of this Resolution. The petitioning employee organizations shall have fifteen (15) days from the date notice of <br />such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to <br />conform to such determination or to appeal such determination pursuant to Section 13 of this Resolution. <br /> <br />Section 9: Election Procedure <br /> <br />The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the <br />Employee Relations Officer and the concerned employee organization(s) in accordance with its rules and procedures <br />subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which <br />have been determined to be in conformance with this Resolution shall be included on the ballot. The choice of "no <br />organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons <br />employed full time in regular, permanent positions within the designated appropriate unit who were employed <br />during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election <br />commences, including those who did not work during such period because of illness, vacation or other authorized <br />leaves of absence, and who are employed by the City in the same unit on the date of election. An employee <br />organization shall be formally acknowledged as the Recognized Employee Organization for the designated <br />appropriate unit following an election or runoff election if it received a numerical majority of all valid votes cast in <br />the election. If an election involving three or more choices, where none of the choices receives a majority of the <br />valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid <br />votes cast (that is, either between two employee organizations, or one employee organization and no representation); <br />the rules governing an initial election being applicable to a runoff election, except that the runoff election shall be <br />held within fifteen (15) days following the certification of the initial election results. <br /> <br />There shall be no more than one valid election under this Resolution pursuant to any petition in a 12 month period <br />affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the <br />election shall be conducted by the California State Conciliation Service. Costs of conducting elections shall be <br />borne in equal shares by 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 organization is in effect on the <br />effective date of this Resolution, it shall be presumed for the duration of the Memorandum of Understanding that the <br />unit set forth in the Memorandum of Understanding is appropriate and that the employee organization is the majority <br />representative of the employees covered therein. Unless a petition is filed pursuant to Section 12 below, it shall be <br />presumed that when said Memorandum of Understanding tenninates the employee organization shall continue to be <br />a majority representative of employees covered by said Memorandum of Understanding for the purposes of meeting <br />and conferring regarding matters within the scope of representation; provided, however, the employee organization <br />files with the City the information required by Section 6(a), 1 through 13 of this Resolution. Nothing contained <br />herein shall preclude an employee organization from filing a petition for recognition pursuant to Section 6 or Section <br />10 of this Resolution at the expiration of Memoranda of Understanding which expire on June 30, 1981. <br /> <br />Section 10: Procedure for Decertification ofRecmmized Emplovee Ore:anization <br /> <br />A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a <br />majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only <br />during the month of January of any year following the first full year of recognition or during the thirty (30) day <br />period commencing one hundred eighty (180) days prior to the termination date of a Memorandum of <br />Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification <br />Petition may be filed by employees or their representative, or an employee organization, and shall contain the <br />following information and documentation declared by the duly authorized signatory under penalty of perjury to be <br />true, correct and complete: <br /> <br />The name, address and telephone number of the petitioner and a designated representative authorized to receive <br />notices of requests for further information. <br /> <br />The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be <br />decertified as the representative of that unit. <br /> <br />56 <br />
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