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25F - MOU - SEIU
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1/3/2012 3:59:50 PM
Creation date
9/15/2010 5:44:15 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25F
Date
9/20/2010
Destruction Year
2015
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<br /> <br /> <br /> <br /> <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 /> 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 terminates 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 /> Section 10: Procedure for Decertification of Recognize d Employee Organization <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 A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a 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 /> The name, address and telephone number of the petitioner and a designated representative authorized to receive <br /> notices of requests for further information. <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 /> An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the <br /> employees in the appropriate unit, and any other relevant and material facts relating thereto. <br /> <br /> Proof of employee support that a majority of the employees in the established appropriate unit no longer desires to <br /> be represented by the incumbent Recognized Employee Organization. Such proof shall be submitted for <br /> confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. <br /> The Employee Relations Officer can only accept those petitions which 1) request decertification of the current <br /> formally recognized employee organization and 2) do not request to carve out another unit from the already <br /> established appropriate unit. <br /> An employee organization may file a Petition under this Section in the form of a Recognition Petition that conforms <br /> to the requirements of Section 6 of this Resolution in satisfaction of the Decertification Petition requirements <br /> hereunder. <br /> <br /> The Employee Relations Officer shall initially determine whether the Decertification Petition or Recognition <br /> Petition, if any, have been filed in compliance with the applicable provisions of this Resolution. If his determination <br /> is in the negative, he shall offer to consult thereof with the representative(s) of such petitioning employees or <br /> employee organization, and if such determination thereafter remains unchanged, shall return such Petition(s) to the <br /> employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees <br /> or employee organization may appeal such determination in accordance with Section 13 of this Resolution. <br /> <br /> 101 <br /> 25F-103 <br />
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