2.25.060 Representation proceedings.

Representation proceedings are administered by the district employee relations officer, both to resolve questions concerning representation and to determine the exclusive recognized employee organization for authorized employee bargaining units.

A. Recognition Requests and Petitions. An employee organization that seeks to become the exclusive recognized employee organization of an authorized employee bargaining unit may file a voluntary recognition request, or a petition for certification or decertification, as applicable.

1. Recognition Requests. A voluntary recognition is appropriate where an employee organization desires to become the exclusive recognized employee organization of an unrepresented authorized employee bargaining unit, without an election, based on a showing that a majority of the employees in the unit desire representation by such employee organization. Voluntary recognition is not appropriate where another employee organization has previously been recognized as the exclusive representative of all or part of the same bargaining unit.

a. Content and Timing of Voluntary Request for Recognition. An employee organization shall file a petition at any time with the district employee relations officer, seeking voluntary recognition for purposes of meeting and conferring in good faith as the exclusive representative of an existing unrepresented bargaining unit. This recognition request shall contain the following information and documentation:

i. The name and address of the employee organization.

ii. The names, titles, mailing address, and business telephone numbers of the employee organization’s officers.

iii. The names of the employee organization’s representatives who are authorized to speak on behalf of its members, including representatives who are not employees of the district.

iv. A statement that the primary purpose of the employee organization is to represent employees on matters concerning wages, hours, and other terms and conditions of employment.

v. A statement that the employee organization has no restriction on membership based on race, color, creed, national origin, sex, age, physical disability, mental disability, medical condition, sexual orientation or marital status.

vi. A statement that the employee organization has recognized or does recognize that the provisions of Cal. Lab. Code § 923 are not applicable to district employees.

vii. A statement as to whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and if so, the name and address of each such organization.

viii. Certified copies of the employee organization’s constitution and bylaws.

ix. A designation of those persons, not to exceed two in number, and their addresses to whom notice, sent by regular United States mail, will be deemed sufficient notice on the employee organization for any purpose.

x. The job classification or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.

xi. Either a signature petition containing employee signatures or individually signed employee authorization cards, dated within 30 days of the date upon which the petition is filed, which show proof of support of a majority (50 percent plus one) of the employees within the proposed new authorized employee bargaining unit. Such a signature petition or signed employee authorization cards shall clearly set forth the intent of the employee with respect to representation by the employee organization.

b. Response to Voluntary Recognition Request. The employee organization may request that written proof of support, contained within a voluntary recognition request, be submitted to a mutually agreed upon, disinterested third party rather than the district employee relations officer. If so, upon receipt of a voluntary recognition request, a neutral third party shall be selected by the district employee relations officer and the employee organization to review the signed request and signature petition/authorization cards to verify whether the employee organization has majority support (50 percent plus one) within the proposed unit. In the event the district employee relations officer and the employee organization cannot agree on a neutral third party, the State Mediation and Conciliation Service, or its successor, shall be the neutral third party and shall verify the majority support status of the employee organization.

c. Certification of Results. In the event that the district employee relations officer, or neutral third party, determines, based on the signed request and signature petition/authorization cards, that an employee organization has the majority support of the employees in the new bargaining unit, it shall be certified as the exclusive recognized employee organization of that bargaining unit.

d. Absence of Support of a Majority of Employees. In the event that the district employee relations officer, or neutral third party, determines, based on the signed request and signature petition/authorization cards, that (i) the petitioning employee organization does not have majority support, but has support of at least 30 percent or (ii) a second employee organization has the support of at least 30 percent of the employees in the unit in which recognition is sought, the district employee relations officer or neutral third party shall order an election to establish whether an employee organization, if any, has majority status, pursuant to the requirements of subsection (B) of this section.

2. Petition for Certification and/or Decertification. A petition for certification is appropriate where an election is required to determine the exclusive representative, if any, of an authorized employee bargaining unit comprised of currently represented employees. A petition for decertification is appropriate where an election is required to determine if the exclusive representative employee organization is no longer the majority representative of the employees in the authorized employee bargaining unit.

a. Content and Timing of Petition for Certification. An employee organization may file a petition for certification with the district employee relations officer seeking to become the exclusive recognized employee organization of an existing or newly created bargaining unit. Certification petitions may only be filed during the 30-day period beginning not earlier than 150 days and ending not later than 120 days before the expiration of any existing memorandum of understanding, or at any time when a valid memorandum of understanding is no longer in effect.

A petition for certification shall contain the following information and documentation:

i. The name and address of the employee organization.

ii. The names, titles, mailing address, and business telephone numbers of the employee organization’s officers.

iii. The names of the employee organization’s representatives who are authorized to speak on behalf of its members, including representatives who are not employees of the district.

iv. A statement that the primary purpose of the employee organization is to represent employees on matters concerning wages, hours, and other terms and conditions of employment.

v. A statement that the employee organization has no restriction on membership based on race, color, creed, national origin, sex, age, physical disability, mental disability, medical condition, sexual orientation or marital status.

vi. A statement that the employee organization has recognized or does recognize that the provisions of Cal. Lab. Code § 923 are not applicable to district employees.

vii. A statement as to whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and if so, the name and address of each such organization.

viii. Certified copies of the employee organization’s constitution and bylaws.

ix. A designation of those persons, not to exceed two in number, and their addresses to whom notice, sent by regular United States mail, will be deemed sufficient notice on the employee organization for any purpose.

x. The job classification or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.

xi. The date of expiration of any memorandum of understanding or extension of such a memorandum.

xii. A signature petition or individually signed employee authorization cards, dated within 30 days of the date upon which the petition is filed, which show proof of support of a majority (50 percent plus one) of the employees within the bargaining unit. Such a signature petition or signed employee authorization cards shall clearly set forth the intent of the employee with respect to representation by the employee organization.

b. Content and Timing of Petition for Decertification. An employee organization may file a petition for decertification with the district employee relations officer seeking to decertify an existing employee organization. An employee or group of employees may file a decertification petition seeking to decertify the incumbent exclusive recognized employee organization of an existing representation unit. Decertification petitions may only be filed during the 30-day period beginning not earlier than 150 days and ending not later than 120 days before the expiration of any existing memorandum of understanding or at any time when a valid memorandum of understanding is no longer in effect. Decertification petitions may be accompanied by a petition for voluntary recognition by the challenging employee organization.

A petition for decertification shall contain the following information and documentation:

i. The name, address, and telephone number of the petitioner and designated representative authorized to act as the petitioner’s agent for purposes of the petition for decertification.

ii. The name of the formally recognized exclusive employee organization.

iii. An allegation that the formally recognized exclusive employee organization no longer represents a majority of the employees in the appropriate bargaining unit.

iv. A signature petition or individually signed employee statements or authorization cards dated within six months of the date prior to the filing of the petition, which show proof that at least 30 percent of the employees in the bargaining unit do not desire to be represented by the formally recognized exclusive employee organization. Such a signature petition or signed employee statements shall clearly set forth the intent of the employee to no longer be represented by the exclusive recognized employee organization.

v. The date of expiration of any memorandum of understanding or extension of such memorandum.

c. Response to Petition. Upon receipt of the petition for certification or decertification, the district employee relations officer shall determine whether or not there has been compliance with the requirements of subsections (A)(2)(a) (certification) and (A)(2)(b) (decertification) of this section. If the district employee relations officer so determines, it shall direct a secret ballot election to be held to resolve the question of representation, pursuant to the requirements of subsection (B) of this section. If the district employee relations officer determines that the petition is not in compliance, it shall be dismissed.

B. Election Procedures. Elections shall be conducted to determine which, if any, employee organization shall be certified as the exclusive recognized employee organization of an authorized employee bargaining unit, or conversely, decertified from this status. The district employee relations officer shall arrange for secret ballot elections for this purpose. All challenging petitioners, who have submitted written proof that they represent at least 10 percent of the employees in the appropriate bargaining unit and have submitted a petition for recognition, shall be included on the ballot.

1. Consent Election Agreement. Upon directing an election, the district employee relations officer, any employee organizations that will appear on the ballot, and other involved parties shall attempt to agree on procedural matters related to the conduct of the election. Such procedural matters may include the method of the election, dates, hours, locations, and the order and wording of ballots.

2. Ballot. Provided that the employee organizations have established proof of support as required in this section, there shall be on the ballot: (a) the name of the incumbent employee organization; (b) the name(s) of the petitioning employee organization(s) and/or employee(s); (c) the name(s) of any challenging employee organization(s); and (d) a provision for “no representation” and/or decertification, as applicable. The incumbent exclusive representative of employees in the relevant bargaining unit shall not be required to provide proof of support to be placed on the ballot.

3. Eligible Voters. “Eligible voters” shall be defined as those employees in the authorized bargaining unit who are regularly employed in full-time positions within the unit who were employed during the pay period immediately prior to the date which is 15 days before the election. This shall include those on authorized leave of absence, sick leave, or vacation and who remain employed by the District in the same bargaining unit on the date of the election.

4. Voting Results. The district employee relations officer shall declare the results of an election, and then: (a) certify as the exclusive recognized employee organization of the authorized bargaining unit, the employee organization receiving the majority (50 percent plus one) of the votes cast; (b) decertify the incumbent representative if the choice “decertification” received a majority of the votes cast; or (c) declare that no employee organization is the exclusive recognized employee organization of the unit, if either (i) the choice “no representation” received a majority of the votes cast or (ii) no employee organization received a majority of the votes cast. In the event of the latter, a runoff election shall be conducted pursuant to the requirements of subsection (B)(5) of this section.

5. Runoff Election. If the ballot included three or more choices and no choice received a majority (50 percent plus one) of the votes cast, a runoff election shall be held as soon as practicable between the two choices receiving the largest number of votes. The rules governing an initial election, as provided in subsections (B)(1) through (B)(3) of this section, shall apply to a runoff election.

6. Any costs incurred in conducting an election, initial or runoff, shall be borne by the employee organization(s) whose name(s) appear on the ballot, equally if more than one so appear.

7. Election Bar. For a period of one year after either (a) an employee organization is certified as the exclusive recognized employee organization, (b) an employee organization is decertified, or (c) an election that did not result in the certification or decertification of an exclusive representative, any employee organization may not file a modification, certification, or decertification petition for that bargaining unit or any subdivisions thereof. (Ord. 1270.1 § 6, 2017)