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RESOLUTION NO. 99-14
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF UKIAH AMENDING SECTION 12A. OF
RESOLUTION NO. 73-55 GOVERNING
EMPLOYER-EMPLOYEE RELATIONS
WHEREAS, a request was made by an Employee Unit to revise
Section 12A. of Resolution No. 73-55 Governing Employer-Employee
Resolution to change the specified time period for decertification of an
established unit from the months of October or November of each year to the
sixty-day period before start of negotiations for any individual Unit; and
WHEREAS, this request and the proposed language amending
Section 12A. of Resolution No. 73-55 were reviewed and approved by all
City of Ukiah Unit Representatives and Operating Engineers Local No. 3.
NOW THEREFORE, BE IT RESOLVED that the City Council of the
City of Ukiah hereby adopts the resolution amending Section 12A. of
Resolution No. 73-55 Governing Employer-Employee Resolution as follows:
SECTION 12. DECERTIFICATION OF ESTABLISHED UNIT
A) A Petition for Decertification alleging that an employee
organization granted formal recognition is no longer the majority
representative of the employees in an appropriate unit may be filed with the
Municipal Employee Relations Officer only once in any calendar year and
only during the 60-day period prior to the commencement of negotiations for
any individual Unit. Negotiations shall be deemed to have commenced when
the bargaining unit initiates negotiations by communicating to the Municipal
Employee Relations Officer an opening offer or setting a date for the
purpose of negotiating an MOU on behalf of the unit members, provided the
bargaining unit diligently pursues negotiations in good faith thereafter. The
Petition for Decertification may be filed by an employee, a group of
employees or their representative, or an employee organization. The
Petition, including all accompanying documents, shall be verified, under
oath, by the person signing it, that its contents are true. It may be
accompanied by a Petition for Recognition by a challenging organization.
The Petition for Decertification shall contain the following information:
(i)
(ii)
The name, address and telephone number of the petitioner
and a designated representative authorized to receive notices
or requests for further information.
The name of the formally recognized employee organization.
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(iii) An allegation that the formally recognized employee
organization no longer represents a majority of the employees
in the appropriate unit, and any other relevant and material
facts.
(iv) Written proof that at least 30% of the employees in the unit do
not desire to be represented by the formally recognized
employee organization. Such written proof shall be dated
within six months of the date upon which the petition is filed
and shall be submitted for confirmation to the Municipal
Employee Relations Officer or to a mutually agreed upon
disinterested third party.
(B) The Municipal Employee Relations officer shall arrange for a
secret ballot election conducted by the City Clerk to determine if the formally
recognized employee organization shall retain its recognition rights. The
formally recognized employee organization shall be decertified if a majority
of those casting valid ballots vote for decertification.
(C) Them shall be no mom than one valid decertiflcation election
in the same unit in any 12 month period.
PASSEDAND ADOPTED this 2nd day of September 1998 by the
following roll call vote:
AYES:
Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor
Malone
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Marie Ulvila, City Clerk
3:'~oeCdecert.res