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FULL PACKET_2015-08-04
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FULL PACKET_2015-08-04
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7/21/2016 3:34:49 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
8/4/2015
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EXHIBIT C (Continued) <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 />An allegation that the incumbent Recognized Employee Organization no longer represents a 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 tho 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 />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 G 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 />represen[ative(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 />employees or employee organization may appeal such determination in accordance with Section <br />13 of this Resolution, <br />If the determination of the Employee Relations Officer is in the affirmative, or if his negative <br />determination is reversed on appeal, he shall give written notice of such Decertification of <br />Recognition Petition to the incumbent 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 <br />about fifteen (15) days offer such notice to determine the wishes of unit employees as to the <br />question of decertification, and if an accompanying Recognition Petition was duly filed, and, in the <br />event decertification of the incumbent Recognized Employee Organization is voted, the question of <br />representation. Such election shall be conducted in conformance with Section 9 of this Resolution. <br />The cost of any election proceeding under the provisions of this Section shall be borne entirely by <br />the employee organization(s) challenging the incumbent recognized employee organization. <br />An employee organization which displaces another employee organization as a formally <br />recognized employee organization following an election conducted pursuant to this Section shall <br />assume any existing Memorandum of Understanding then in effect as a condition of recognition <br />and said Memorandum of Understanding shall remain in full force and effect forthe balance of the <br />term thereof. <br />CONFIDENTIAL ASSOCIATION OF SANTA ANA(CASA) MOU: 2019 -2017 Page 92 <br />25G -94 <br />
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