(A) Any employee organization desiring to represent a group of employees in consultations held in accordance with this chapter may petition the City Council for a representation election. A representation petition shall be in writing and shall specify:
(1) The name and address of the organization;
(2) The principal officers of the organization;
(3) The person and address to whom all communications to the organization concerning the election shall be sent;
(4) That membership in the organization is not denied because of race, sex, color, religious creed, national origin or ancestry, or political affiliation; and
(5) A description of the unit proposed by the organization to be appropriate and within which the election is sought. The description shall include a listing of the classification titles of the positions in the proposed appropriate unit.
(B) The representation petition shall be supported by the signatures of at least 50% of the employees in the proposed appropriate unit. The signatures shall be based upon the representation petition, and the petition shall bear the date that the signatures were obtained. All employee signatures must have been placed upon the representation petition within 60 days immediately preceding submission of the petition.
(C) Upon filing of the representation petition, the Finance Director/Recorder shall post within the work area of the proposed appropriate unit a notice describing the proposed unit, that a representation election has been requested, and naming the employee organization petitioning for representation.
(D) The City Council shall refer the representation petition to the City Manager for examination and verification. The City Manager shall examine the petition and determine whether valid signatures of the required 50% of the employees in the proposed appropriate unit are on the petition. In the event that the City Manager finds that the petition lacks the required 50%, he shall so notify the City Council and the petitioning employee organization. The petition shall be dismissed forthwith if not previously withdrawn by the employee organization.
(E) The City Manager shall make the final determination as to what employees, if any, in the proposed appropriate unit shall be considered management or confidential employees. If that determination affects the representation petition, then the employee organization shall be notified, and it may amend its petition. The verification of the representation petition shall be forwarded to the City Council immediately.
(F) After receiving the representation petition and after the City Manager has notified the City Council that the petition meets the requirements of this section, the City Council shall then determine whether the petitioner is a bona fide employee organization, whether the unit within which the election is sought is an appropriate unit, and any other questions relating to the subject matter. In determining whether the proposed unit is an appropriate unit, the City Council shall use the following criteria to assist them in its determination:
(1) The community interest of employees;
(2) The history of employee representation in the unit, among other employees of the city, and in similar employment;
(3) The effect of the unit on the efficient operation of the city and upon sound employee relations;
(4) The extent to which employees have common skills, working conditions, job duties, or similar educational requirements;
(5) The effect on the city's classification structure of dividing a single classification among two or more units.
(G) The City Council shall obtain and consider written reports and recommendations of the City Manager which shall take into consideration views of all concerned departments and offices, and the effect on the city. Affected employee organizations may also submit their views in writing concerning the proposed unit, which views shall be considered by the City Council. If the City Council determines that it is in the best interest of the parties, it may schedule a hearing so that all parties may have an opportunity to present evidence or argument in support of their position.
(H) If the City Council determines that the unit is appropriate, then it shall direct the Finance Director/Recorder to schedule a secret ballot election within the unit in accordance with the provisions of § 36.18. If the City Council determines that the proposed unit is inappropriate, it shall so notify the affected parties. Upon receipt of notification, the petitioner may amend its petition, in which event the applicable procedures of this section shall apply.
(I) If an employee organization other than the one filing the original petition for representation desires to represent the same unit and wishes to be on the same election ballot, it shall file a petition meeting the requirements of this section within 15 days of the posting of notice by the Finance Director/Recorder under division (C); provided, the petition need be supported by only 40% of the employees in the unit.
(Ord. 867, passed 5-12-75)