Santa Clara County Municipal Code Art. 4 Recognized Employee Organizations

An employee organization that seeks certification as a recognized employee organization shall file a petition with the Director of Employee Services Agency. The petition shall identify the representation unit requested or established pursuant to Article 3 of this chapter for which petitioner seeks recognition. The petition shall be accompanied by proof of employee approval of employees within the representation unit.

(Code 1954, § 3.9.5-2; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 47, 8-25-15)

The Director of Employee Services Agency shall determine the percent of proof of employee approval. A petition accompanied by proof of employee approval greater than 50 percent of the employees within the representation unit shall be certified as a majority petition. A petition accompanied by proof of employee approval of between 30 percent and 50 percent of the employees within the representation unit shall be certified as a minority petition.

(Code 1954, 3.9.5-2; Ord. No. 300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 48, 8-25-15)

The Director of Employee Services Agency shall give written notice of his certification of a majority or minority petition to the petitioner, to the employees involved, and to any employee organization that has filed a written request for the receipt of such a notice with him. Within 30 days of the date of such notice, another employee organization may file a challenging petition seeking to become the recognized employee organization within the representation unit.

(Code 1954, § 3.9.5-3; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 49, 8-25-15)

(a) If no challenging petition is filed against a majority petition which demonstrates proof of employee approval by means of Paragraph (a)(3) of Section A25-347, the Director of Employee Services Agency shall certify the petitioner as the recognized employee organization of the representation unit.

(b) If no challenging petition is filed against a majority petition which demonstrates proof of employee approval by means other than Paragraph (a)(3) of Section A25-347, the Director of Employee Services Agency may certify the petitioner or request the State Conciliation Service to call and conduct a secret ballot election in accordance with its own procedures and regulations and pursuant to Section A25-384.

(Code 1954, § 3.9.5-5; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 50, 8-25-15)

If a challenging petition is filed against a majority petition and is accompanied by proof of employee approval equal to at least 30 percent of the employees within the representation unit, the Director of Employee Services Agency shall request the State Conciliation Service to call and conduct a secret ballot election in accordance with its own procedures and regulations and pursuant to Section A25-384.

(Code 1954, § 3.9.5-5; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 51, 8-25-15)

If a minority petition is filed, the Personnel Director shall, whether or not a challenging petition is filed, request the State Conciliation Service to call and conduct a secret ballot election in accordance with its own procedures and regulations and pursuant to Section A25-384. If a challenging petition is filed against a minority petition and is accompanied by proof of employee approval equal to at least ten percent of the employees within the representation unit, the State Conciliation Service shall include the challenging employee organization on the ballot.

(Code 1954, § 3.9.5-6; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Whenever the State Conciliation Service calls an election pursuant to this article, it shall include the choice of no organization on the ballot. Employees entitled to vote in a representation election shall be those employees within the representation unit whose names appeared on the payroll immediately prior to the date of election. An employee organization shall be certified by the Director of Employee Services Agency as the recognized employee organization within the representation unit if the majority of those casting valid ballots at the election choose said organization. In an election where none of the choices receives a majority of the valid ballots cast, a run-off election shall be conducted between the two choices receiving the largest number of ballots cast. There shall be no more than one representation election in a 12-month period within the same representation unit.

(Code 1954, § 3.9.5-7; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 52, 8-25-15)

(a) A decertification petition may be filed with the Director of Employee Services Agency 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 the representation unit. The petition must be accompanied by proof of employee approval equal to at least 30 percent of the employees within the representation unit. All petitions pursuant to this section must be filed with the Director of Employee Services Agency between 150 and 120 days prior to the termination of an existing memorandum of agreement or understanding between the recognized employee organization for the unit and the Board of Supervisors. In the event no memorandum or agreement exists between the recognized employee organization and the Board of Supervisors, petitions shall be filed between 150 and 120 days prior to the end of the fiscal year of the County. During the term of the memorandum of understanding or agreement between a recognized employee organization and the Board of Supervisors covering a representation unit, no decertification petition for such unit shall be accepted by the Director of Employee Services Agency unless it is timely filed during the last annual term thereof, or the third annual term thereof, whichever first occurs. Notwithstanding the foregoing provisions, no decertification petition for the same unit shall be accepted by the Director of Employee Services Agency more frequently than every two years.

(b) When a valid petition has been filed by employees, the State Conciliation Service shall be requested to conduct an election within 30 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 30 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.

(Code 1954, § 3.9.5-8; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-300.149, § 2, 3-9-71; Ord. No. NS-300.178, § 1, 7-31-73; Ord. No. NS-300.180, § 1, 10-30-73; Ord. No. NS-304.134, § 53, 8-25-15)

Editor's note— Sec. A25-385, as amended by Ord. No. NS-300.180, § 1, shall become effective on July 1, 1974.