2.52.080 Decertification petition—Procedure.
A. A decertification petition alleging that the incumbent recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the employee relations officer only during the month of January of any year following the first full year of recognition or during the thirty-day period commencing one hundred eighty days prior to the termination date of a memorandum of understanding then having been in effect less than three years, whichever occurs later. A decertification petition may be filed by two or more employees or their representatives, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
1. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information;
2. The name of the established appropriate unit and of the incumbent recognized employee organization sought to be decertified as the representative of that unit;
3. An allegation that the incumbent recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto;
4. Proof of employee support that at least thirty percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent recognized employee organization. Such proof shall be submitted for confirmation to the employee relations officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this section.
B. An employee organization may, in satisfaction of the decertification petition requirements under this section, file a petition under this section in the form of a recognition petition that evidences proof of employee support of at least thirty percent and otherwise conforms to the requirements of Section 2.52.040.
C. The employees relations officer shall initially determine whether the petition has been filed in compliance with the applicable provisions of this chapter. If his determination is in the negative, he shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization, and, if such determination thereafter remains unchanged, shall return such petition to the employees or employee organization with a statement of the reasons therefor in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 2.52.110 of this chapter. If the determination of the employee relations officer is in the affirmative, or if his negative determination is reversed on appeal, he shall give written notice of such decertification or recognition petition to the incumbent recognized employee organization and to unit employees.
D. The employee relations officer shall thereupon arrange for a secret ballot election to be held on or about fifteen days after such notice to determine the wishes of unit employees as to the question of decertification and, if a recognition petition was duly filed under this chapter, the question of representation. Such election shall be conducted in conformance with Section 2.52.070 of this chapter. (Ord. 377 § 7, 1980)