San Ramon Municipal Code Art. 2 Representation Proceedings

An employee organization that seeks to be formally acknowledged as an exclusively recognized employee organization representing the employees in an appropriate unit shall file a petition with the employee relations officer containing the following information and documentation: A. Name and address of the employee organization. City of San Ramon, CA | Municipal Code 78

B. Names and titles of its officers. C. Names of employee organization representatives who are authorized to speak on behalf of the organization. D. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the city. E. A statement 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. F. Certified copies of the employee organization's constitution and bylaws. G. A designation of those persons, not exceeding 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. H. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, age, physical disability or sexual orientation. I. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. J. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the city. Such written proof shall be submitted for confirmation to the employee relations officer or to the California Mediation and Conciliation Service. K. A request that the employee relations officer formally acknowledge the petitioner as the exclusively recognized employee organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. (Ord. 246 § 1 (part), 1993)

Upon receipt of the petition, the employee relations officer shall determine whether: A. There has been compliance with the requirements of the recognition petition; and B. The proposed representation unit is an appropriate unit in accordance with Section A11-13 of this article. If an affirmative determination is made by the employee relations officer on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice for such request for recognition to the employees in the unit and shall take no action on said request for thirty days thereafter. If either of the foregoing matters are not affirmatively determined, the employee relations officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section A11-14 of this article. (Ord. 246 § 1 (part), 1993)

City of San Ramon, CA | Municipal Code 79

Within thirty days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty percent and otherwise in the same form and manner as set forth in Section A11-9 of this article. If such challenging petition seeks establishment of an overlapping unit, the 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 employee relations officer shall determine the appropriate unit or units in accordance with the standards in Section A11-13 of this article. The petitioning employee organizations shall have fifteen days from the date notice of such unit determination is communicated to them by the employee relations officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section A11-14 of this article. (Ord. 246 § 1 (part), 1993)

The employee relations officer shall arrange for a secret ballot election to be conducted by the California Mediation and Conciliation Service, in accordance with such party's rules and procedures subject to the provisions of this division. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this article shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually 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 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 it received a numerical majority of all valid votes cast in the election. 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 being applicable to a run-off election. There shall be no more than one valid election under this division pursuant to any petition in a twelve- month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California Mediation and Conciliation Service. Costs of conducting elections shall be borne in equal shares by the city and by each employee organization appearing on the ballot. (Ord. 246 § 1 (part), 1993)

City of San Ramon, CA | Municipal Code 80

A decertification petition may be filed with the employee relations officer by employees of a registered employee organization to determine whether or not a recognized employee organization continues to represent a majority of the employees in their representation unit. The petition must be accompanied by proof of employee approval equal to at least thirty percent of the employees within the representation unit. All petitions pursuant to this section must be filled with the employee relations officer between one hundred fifty and one hundred twenty days prior to the termination of an existing memorandum of understanding between the recognized employee organization for the unit and the city council. In the event no memorandum of understanding exists between the recognized employee organization and the city council, petitions shall be filled between one hundred fifty and one hundred twenty days prior to the end of the fiscal year of the city. During the term of the memorandum of understanding between a recognized employee organization and the city council covering a representation unit, no decertification petition for such unit shall be accepted by the employee relations officer unless it is timely filed during the last annual term thereof, or the third annual term thereof, whichever comes first. Notwithstanding the foregoing provisions, no decertification petition for the same unit shall be accepted by the employee relations officer more frequently than every two years. When a valid petition has been filed by employees, the State Conciliation Service shall be requested to conduct an election within thirty days to determine whether or not the incumbent recognized employee organization shall be decertified. The incumbent recognized organization shall be decertified if a majority of those casting valid ballots vote for decertification. When a valid petition has been filed by a registered employee organization the State Conciliation Service shall be requested to conduct an election within thirty days to determine whether such organization shall be recognized. The incumbent recognized employee organization shall be decertified if a majority of those casting valid ballots vote for the petitioning organization. If the State Conciliation Service refuses to conduct the election, the election shall be conducted by the registrar of voters. (Ord. 246 § 1 (part), 1993)

The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the city and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: A. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions; B. History of representation in the city and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized; C. Consistency with the organizational patterns of the city; D. Number of employees and classifications, and the effect on the administration of employer- employee relations created by the fragmentation of classifications and proliferation of units; E. Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classification among two or more units; F. Periodic changes in the classification plan caused by the addition of new classes, deletion of classes, or reclassification actions need not necessarily cause a modification of an existing representative unit.

City of San Ramon, CA | Municipal Code 81

Notwithstanding the foregoing provisions of this section, supervisory employees may be included in a unit or units with nonsupervisory employees but management or confidential employees may not be included in a unit or units with employees not classified as management or confidential. Management and confidential employees may not represent any organization which represents other employees. (Ord. 297 § 2, 1998: Ord. 246 § 1 (part), 1993)

An employee organization aggrieved by an appropriate unit determination of the employee relations officer under this article may, within ten days of notice thereof, request the intervention of the California State Mediation and Conciliation Service pursuant to Government Code Sections 3507.1 and 3507.3, or may, in lieu thereof or thereafter appeal such determination to the city council for final decision within fifteen days of notice of the employee relations officer's determination or the termination of proceedings pursuant to Government Code Sections 3507.1 and 3507.3 whichever is later. An employee organization aggrieved by a determination of the employee relations officer that a recognition petition (Section A11-9) or challenging petition (Section A11-11) has not been filed in compliance with the applicable provisions of this article may, within fifteen days of the notice of such determination, appeal the determination to the city council for final decision. Appeals to the city council shall be filed in writing with the city clerk, and a copy thereof served on the employee relations officer. The city council shall commence to consider the matter within thirty days of the filing of the appeal. The city council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the city council on the use of such procedure, and/or any decision of the city council determining the substance of the dispute shall be final and binding. (Ord. 246 § 1 (part), 1993)

A11-16 and A11-17. Reserved. -