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1977-514RESOLUTION NO. 77R- 514 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RESOLUTION NO. 72R -193 BY CHANGING SECTIONS 2.02, 2.04, 2.07, 2.08, 2.1 2.2 AND 2.3 OF EMPLOYEE RELATIONS RULE 2., REPRESENTATION PROCEEDINGS WHEREAS, the City Management Representative has recommended in a staff report dated July 13, 1977 that Sections 2.02, 2.04, 2.07, 2.08, 2.1, 2.2 and 2.3 of Employee Relations Rule 2., Representation Proceedings, be amended to include contract bar provisions, and WHEREAS, the City Management Representative did consult in good faith with representatives of employee organizations concerning the proposed amendments to Employee Relations Rule 2., Representation Pro- ceedings, and WHEREAS, the need exists to amend Resolution No. 72R -193 which established the City Employee Relations Rules, and WHEREAS, the City Council of the City of Anaheim does find that amendment of Employee Relations Rule 2., Representation Proceedings, is in the best interests of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Employee Relations Rule 2., Representation Proceedings, be, and hereby is, amended effective August 1, 1977 to read as follows: 2.02 If an affirmative determination is made by the City Management Representative on the foregoing two matters, he shall give notice of such request for recognition to the employees in the Unit and shall take no action for fifteen (15) working days thereafter. 2.04 Within fifteen (15) working days of the date notice to the employee is given, any other employee organization (hereafter referred to as the "challenging organization may seek recognition in an over- lapping unit by filing a Petition for Recognition, provided, however, such challenging organization must submit written proof that it represents at least thirty percent (30 of the employees in such unit. 2.07 When an employee organization in the unit found to be appropriate submits written proof that it represents at least thirty percent (30 of the employees in such unit, the City Management Repre- sentative shall arrange for a secret ballot election to be con- ducted by the City Clerk within fifteen (15) working days of the date notice to the employees is given. 2.08 An employee organization shall be granted recognition as majority representative within ten (10) working days follow- ing an election or run -off election if: (1) that employee organization has received the vote of a numerical majority of all the employees eligible to vote in the Unit in which the election is held (i.e. fifty percent (50 plus one of the votes of all eligible employees), or (2) at least sixty percent (60 of the total number of employees in the Unit eligible to vote have voted in the election, and an employee organization receives a numerical majority of all votes cast in the election (i.e. fifty percent (50 plus one of the votes cast), or (3) 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 shall also apply to a run -off election. 2.1 A petition for Decertification alleging that an employee organization is no longer the majority representative of the employees in an appropriate Unit shall not be filed with the City Management Representative until the lapse of one year from the date of certification or until one hundred and twenty (120) to one hundred and fifty (150) days prior to the expiration of any memorandum of under- standing, whichever is later; provided that no memorandum of understanding shall be construed to be a bar to decerti- fication proceedings for a period of more than three (3) years. 2.2 A Petition for Modification of an established Unit shall not be filed with the City Management Representative until the lapse of one year from the date of certification or until one hundred and twenty (120) to one hundred and fifty (150) days prior to the expiration of any memorandum of understanding, whichever is later; provided that no memorandum of understanding shall be construed to be a bar to modification of an established unit for the period of more than three (3) years and that pro- visions for accretion of classifications to existing units shall not be nullified by a bar. 2.3 When an employee organization has been recognized as the majority representative in an appropriate unit, such recognition shall remain in effect for one year from the date of certification or the expiration of any memorandum of understanding, whichever is later, and thereafter until such time as the City Management Representative shall determine, on the basis of a secret ballot election conducted in accordance with the foregoing sections, that the recognized employee organization no longer represents a majority of the employees in the appropriate unit or until such time as the unit may be modified as provided in Section 2.2 of Rule 2. BE IT FURTHER RESOLVED that except to the extent amended Resolution No. 72R -193 shall remain in full force and effect. ATTEST: THE FOREGOING RESOLUTION is approved and signed by me this 19th day of July 1977. CITY CLERK OF THE ITY OF ANAHEIM THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R -514 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 19th day of July, 1977, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 77R -514 on the 19th day of July, IN WITNESS WHEREOF, I have hereunto set my hand and affixed City of Anaheim this 19th day of July, 1977. aoinnJT.r TAIIIIOf2_TaT approved and 1977. the seal of the I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -514 duly passed and adopted by the Anaheim City Council on July 19, 1977.