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FULL PACKET_2010-09-20
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FULL PACKET_2010-09-20
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1/3/2012 3:59:37 PM
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10/21/2010 9:17:07 AM
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City Clerk
Doc Type
Agenda Packet
Date
9/20/2010
Destruction Year
2015
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<br /> <br /> <br /> <br /> <br /> <br /> EXHIBIT C (Continued) <br /> <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 6(a), 1 <br /> through 13 of this Resolution. Nothing contained herein shall preclude an employee organization <br /> from filing a petition for recognition pursuant to Section 6 or Section 10 of this Resolution at the <br /> expiration of Memoranda of Understanding which expire on June 30, 1981. <br /> Section 10: Procedure for Decertification of Recognized Employee Organization <br /> <br /> A Decertification Petition alleging that the incumbent Recognized Employee Organization no <br /> longer represents a majority of the employees in an established appropriate unit may be filed with <br /> the Employee Relations Officer only during the month of January of any year following the first full <br /> year of recognition or during the thirty (30) day period commencing one hundred eighty (180) days <br /> prior to the termination date of a Memorandum of Understanding then having been in effect less <br /> than three (3) years, whichever occurs later. A Decertification Petition may be filed by employees or <br /> their representative, or an employee organization, and shall contain the following information and <br /> documentation declared by the duly authorized signatory under penalty of perjury to be true, <br /> correct and complete: <br /> The name, address and telephone number of the petitioner and a designated representative <br /> authorized to receive notices of requests for further information. <br /> The name of the established appropriate unit and of the incumbent Recognized Employee <br /> Organization sought to be decertified as the representative of that unit. <br /> <br /> An allegation that the incumbent Recognized Employee Organization no longer represents a <br /> majority of the employees in the appropriate unit, and any other relevant and material facts relating <br /> thereto. <br /> Proof of employee support that a majority of the employees in the established appropriate unit no <br /> longer desires to be represented by the incumbent Recognized Employee Organization. Such proof <br /> shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon <br /> disinterested third party. <br /> The Employee Relations Officer can only accept those petitions which 1) request decertification of <br /> the current formally recognized employee organization and 2) do not request to carve out another <br /> unit from the already established appropriate unit. <br /> <br /> An employee organization may file a Petition under this Section in the form of a Recognition Petition <br /> that conforms to the requirements of Section 6 of this Resolution in satisfaction of the Decertification <br /> Petition requirements hereunder. <br /> The Employee Relations Officer shall initially determine whether the Decertification Petition or <br /> Recognition Petition, if any, have been filed in compliance with the applicable provisions of this <br /> Resolution. If his determination is in the negative, he shall offer to consult thereof with the <br /> representative (s) of such petitioning employees or employee organization, and if such <br /> determination thereafter remains unchanged, shall return such Petition(s) to the employees or <br /> employee organization with a statement of the reasons therefore in writing. The petitioning <br /> <br /> CONFIDENTIAL ASSOCIATION OF SANTA ANA (CASA) MOU: 2010-2012 Page 82 <br /> 25E-84 <br />
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