RES 98046 - Laserfiche WebLink

aestablishment of an overlapping unit, the Municipal Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Municipal Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 14 of this Article II. The petitioning employee organizations shall have a fifteen (15) days from the date notice of such unit determination is communicated to them by the Municipal Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 18 of this Article II. Section 12. Election Procedure. When an employee organization in the unit found to be appropriate submits written proof that it represents at least thirty percent (30%) of the employees in such unit, the Municipal Employee Relations Officer shall arrange for a secret ballot election to be conducted by the City Clerk (or such other method normally used by the City to conduct an election), the California State Conciliation Service, the American Arbitrator Association, or some agreed -upon third party. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of selecting no employee organization to represent them in their employment relations with the City. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation, or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if: ® a. that employee organization has received the vote of a numerical majority of all the employees eligible to vote in the unit in which the election is held (i.e., fifty percent (50%) plus 1 of the votes of all eligible employees); or b. at least 60% of the total number of employees in the unit eligible to vote have voted in the election or run-off election, and an employee organization receives a numerical majority of all votes cast in the election (i.e., fifty percent (50%) of the votes cast plus 1). In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast. The rules governing an initial election shall be applicable to a run-off election. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit. Revised: 12/30/97 - 8 -