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Home → Code of Ordinances → Title III: Administration → Chapter 36. Employer-Employee Relations → Consultation Procedures

§ 36.20 Affirmation Procedure

(A) A petition, alleging that a certified employee organization is no longer the majority representative of employees in an appropriate unit, may be filed with the Finance Director/Recorder by an individual employee, a group of employees or their representatives, or an employee organization.

(B) The petition may be filed at any time after completion of the certified employee organization's first year of certification; provided, however, the City Council may prescribe additional restrictions on the time of filing a petition during the terms, if any, of approved memorandums of understanding.

(C) The affirmation petition shall be in a form substantially similar to the form prescribed for petitions under the provisions of § 36.17 supported by signatures of at least 50% of the employees represented by the certified employee organization and indicating that they do not desire to be represented by the currently certified employee organization. The affirmation petition may be accompanied by a petition for certification.

(D) If the City Manager determines that petition requirements have been met, the Finance Director/Recorder shall arrange for an election which shall be held in substantial accord with the election provisions of § 36.18 to determine whether the certification of the currently certified organization should be affirmed. The organization shall be decertified if it fails to receive the affirmative vote of a majority of the employees in the appropriate unit currently represented by the organization.

(E) An affirmation election may be held concurrently with a representation election where the City Council considers it appropriate to do so, in which event a combined ballot may be used.
(Ord. 867, passed 5-12-75)

‹ § 36.19 Duration of Certification up § 36.21 Impasse Procedure ›
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