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25C - AGMT - SEIU PTCS MOU
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25C - AGMT - SEIU PTCS MOU
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Last modified
3/27/2014 2:29:58 PM
Creation date
3/27/2014 2:25:22 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Personnel Services
Item #
25C
Date
4/1/2014
Destruction Year
2019
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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An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the 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 />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 />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 />If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is <br />reversed on appeal, he shall give written notice of such Decertification of Recognition Petition to the incumbent <br />Recognized Employee Organization and to unit employees. <br />The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen <br />(15) days after such notice to determine the wishes of unit employees as to the question of decertification, and if an <br />accompanying Recognition Petition was duly filed, and, in the event decertification of the incumbent Recognized <br />Employee Organization is voted, the question of representation. Such election shall be conducted in conformance <br />with Section 9 of this Resolution. <br />The cost of any election proceeding under the provisions of this Section shall be borne entirely by the employee <br />organization(s) challenging the incumbent recognized employee organization. <br />An employee organization which displaces another employee organization as a formally recognized employee <br />organization following an election conducted pursuant to this Section shall assume any existing Memorandum of <br />Understanding then in effect as a condition of recognition and said Memorandum of Understanding shall remain in <br />full force and effect for the balance of the term thereof. <br />Section 11: Policy and Standards for Determination of Appropriate Units <br />The basic policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on 1) <br />the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees <br />to effectively and economically serve the public and 2) providing employees with effective representation based on <br />recognized community of interest considerations. These policy objectives require that the appropriate unit shall be <br />62 <br />25C -64 <br />
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