Staff Negotiating Organizations: HH

Certification and decertification of a bargaining agent shall be initiated as follows:

Certification:

1. 1. An employee organization desiring to be certified as the bargaining agent of a group of employees shall file a request with the district. Such request shall be accompanied by the signatures of at least 30 percent of the employees in the appropriate bargaining unit indicating a desire to be represented for the purposes of bargaining collectively with the district with regard to those items outlined in Superintendent policy (see policy HC). The petition shall contain the name and address of the petitioner, the approximate number of employees sought to be covered by the petition and the classes or positions of employees in the unit or units claimed to be appropriate.
2. 2. No more than two appropriate bargaining units among the employees of the district shall be recognized, as follows:
   • One unit may comprise any non-supervisory certificated/licensed permanent employee who is on the teachers' salary schedule and who is on more than a half-time contract of the district, excluding all supervisors, managers, executives, administrators and confidential employees.
   • One unit may consist of all non-supervisory, non-certificated permanent employees of the district excluding all supervisory, managerial, executive, temporary and confidential employees.

Decertification

When an employee organization has been recognized by the Superintendent as the bargaining agent of a group of employees, a public employee within the bargaining unit may file a petition with the district requesting decertification of the bargaining agent, provided that such request is filed within the period of 270 to 300 calendar days prior to the date on which the then current collective bargaining agreement covering such employees expires.

The district shall transmit copies of such requests to the affected employee organization. The request must contain the signatures of at least 30 percent of the employees within the bargaining unit and it must allege that the majority of employees within that bargaining unit no longer desire to have the labor or employee organization presently certified serve in the capacity of representative of those employees.

Whenever a request for certification or decertification has been received by the district, the district shall request appointment of an election arbitrator through the office of the American Arbitration Association who shall serve in accordance with the provisions of this policy and to the extent that they are not otherwise contrary to this policy or the rules of the American Arbitration Association. If the election arbitrator finds and determines that a petition is properly supported, timely filed and that the bargaining unit requested is the most appropriate one, the election arbitrator shall recommend to the Superintendent that an election of all eligible employees be held within a reasonable time.

The Superintendent shall act on the election arbitrator's advisory recommendations and, unless the Superintendent determines that the arbitrator's findings are inaccurate, the Superintendent shall authorize the election arbitrator to conduct an election according to the then current rules of the American Arbitration Association.

Election Rules--Certification

No election may be held where there has been an election in the preceding 12-month period involving the employees covered by the petition. The election arbitrator shall, after hearing the suggestions of both parties, determine the ballot to be submitted to eligible employees. The ballot shall contain as choices to be made by the voter:

1. The name of the petitioning employee organization.
2. The name or names of any other employee organization showing written proof of at least 10 percent representation of the employees within the most appropriate unit.
3. An indication that the public employee does not desire to be represented by any of the named employee organizations.

Election Rules--Decertification

In the event that the election concerns a petition for decertification of an employee organization, the choices shall include:

1. Employee organizations that presently represent the employees in that most appropriate bargaining unit.
2. No union or employee organization representation.

If more than two choices are on the ballot and no one choice receives a majority of the votes then the employee organization receiving the highest number of votes will be placed in a run-off election with the no-union option. Whichever of the two in the run-off election receives the highest number of votes shall be declared the choice of the employees.

Any employee organization selected by virtue of such election will be recognized by the Superintendent as the bargaining representative of the employees in the unit concerning wages and other conditions of employment for a period of at least 12 months from the date of the election. Should the employee organization wish to bargain with the Board, a request for bargaining must be submitted no later than July 1 of the year prior to the fiscal year in which the contract or other bargaining proposals would become effective.

 

Adopted July 15, 1980

Revised January 28, 1997

Revised September 13, 2005

Revised February 10, 2014

 

CROSS REFS.: HC, Scope of Negotiations

HI, Payment of Negotiations Costs

CONTRACT REF.: BEA Master Agreement, Article 2--Recognition

CCSEA (Chapter 39), Article 2