Monterey Fire Chief Officers’ Association

General Employees of Monterey

Management Employees Association

Monterey Fire Fighter’s Association

Monterey Police Association

Police Lieutenants’ Management Association

1.A petition seeking to modify a unit established pursuant to this Section or to decertify the existing bargaining representative shall only be valid if filed between 180 days and 150 days prior to the expiration date of an approved memorandum of understanding which covers the subject bargaining unit.

2.Where no memorandum of understanding is in effect for the subject unit or group of employees, petitions may be filed at any time prior to December 31 to be in effect for the meet and confer process for the following fiscal year.

1.Name and address of employee organization;

2.Names and titles of officers;

3.Names and titles of representatives who are authorized to speak on behalf of the employee organization in dealing with the City;

4.A statement that the employee organization has, as one of its primary purposes, the representation of employees in their employment relations with the City;

5.A statement as to whether the organization is a chapter, local or affiliate of any existing employee organization and, if so, the name and address of such organization;

6.A copy of the organization’s constitution and bylaws, if they exist;

7.A designation of not more than two (2) individuals, and their addresses, to whom notice sent by regular mail service will be deemed sufficient notice to the organization for any purpose;

8.A statement that the organization has no restriction on membership based on race, color, creed, sex, disability, national origin, political affiliations, age or marital status;

9.The specific job classifications included in the proposed unit;

10.Submission of evidence that at least thirty percent (30%) of the employees eligible to participate in the proposed unit have designated the employee organization as their representative for employee relations purposes. This showing of interest can take the form of authorization cards, petitions or dues deduction authorizations. In all cases, these must be signed and personally dated by the individual employee within ninety (90) days of the date the petition for recognition is filed.

1.The City Manager shall determine if the petition meets all requirements of this Section and shall also make a preliminary determination concerning the appropriateness of the proposed unit in accordance with the provisions of Section 16.08. Verification of showing of interest furnished by the organization shall be based upon the City payroll register as of the period immediately preceding filing of the petition.

2.Written notice of the petition’s preliminary acceptance or rejection shall be furnished the petitioning organization within fifteen (15) days of its receipt by the City Manager. Where the petition is accepted, written notice shall also be furnished employees whose classes are to be included in the bargaining unit and all other recognized employee organizations of the City. No further action on the petition shall be taken by the City Manager for thirty (30) days from the date such notice is provided.

3.If no challenging petition, as provided in paragraph e., below, is filed within the aforementioned thirty (30) day period, the City Manager shall submit recommendations to the City Council, which shall make the final determination regarding the appropriateness of the proposed bargaining unit.

4.Where the City determines that either the petition is defective or that the proposed unit is inappropriate, it shall so notify the petitioning employee organization. Such notices shall be in writing and shall specify the causes for rejection.

5.If grounds for rejection were due to technical deficiencies in form, the organization may amend its petition accordingly, provided the amended petition is received by the City Clerk by the end of the appropriate filing period as set forth in paragraph b. of this Section.

6.If grounds for rejection were due to inappropriateness of the bargaining unit, the City Manager shall, at the request of the employee organization, consult with it on this matter prior to submitting a recommendation to the City Council.

1.Within the thirty (30) day period following the acceptance of a petition for recognition, any other employee organization may submit a challenging petition requesting recognition as the representative for the subject unit or for a broader or narrower unit than prescribed in the original petition. The challenging petition must meet all requirements set forth in paragraph c. of this Section. A thirty percent (30%) showing of interest of the employees eligible for membership of the proposed unit shall be required where the proposed unit is different than that named in the original petition and ten percent (10%) where it is the same.

2.Where the challenging petition seeks the same unit encompassed by the original petition or subsequently stipulated to by the organization and the City, it shall be accepted provided it meets all requirements for the filing of a valid petition. It shall then be permitted to participate in the representation proceedings as set forth in paragraph f. of this Section.

3.Where the challenging petition seeks a unit other than that specified in the original petition or that stipulated to by the petitioning organization and the City, the City Manager, or the City Manager’s designated representative, shall conduct a hearing involving representatives from all petitioning organizations to make a preliminary determination regarding the more appropriate unit. Within ten (10) days following the conclusion of such a hearing, the City Manager, or the City Manager’s designated representative, shall notify the affected organizations and employees of the preliminary determination.

4.The City Manager’s recommendations shall be promptly submitted to the City Council which shall make the final determination regarding the appropriateness of the proposed bargaining unit.

1.Be submitted to the City Council within thirty (30) days of the date of its decision regarding the appropriateness of the bargaining unit; and

2.Bear the original signatures of a numerical majority of the employees in classes included in the bargaining unit, which must be dated within the aforementioned thirty (30) day period; and

3.Clearly state that the petition is for the express purpose of determining if the employee chooses the petitioning employee organization for representation in matters within the scope of representation.