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permanent positions within the designated appropriate unit who were employed during the <br />pay period immediately prior to the date which ended at least fifteen (15) days before the <br />date the election commences, including those who did not work during such period because <br />of illness, vacation or other authorized leaves of absence, and who are employed by the City <br />in the same unit on the date of election. An employee organization shall be formally <br />acknowledged as the Recognized Employee Organization for the designated appropriate unit <br />following an election or runoff election if it received a numerical majority of ail vaiid votes <br />cast in the election. If an election involving three or more choices, where none of the choices <br />receives a majority of the valid votes cast, a runoffelection shall be conducted between the <br />two choices receiving the largest number of valid votes cast (that is, either between two <br />employee organizations, or one employee organization and no representation); the roles <br />governing an initiai election being applicable to a runoff election, except that the runoff <br />election shall be held within fifteen (15) days following the certification of the initial election <br />results. <br /> <br />There shall be no more than one vaiid election under this Resolution pursuant to <br />any petition in a 12 month period affecting the same unit. In the event that the parties are <br />unable to agree on a third party to conduct an election, the election shall be conducted by the <br />California State Conciliation Service. Costs of conducting elections shail be borne in equal <br />shares by the City and by each employee organization appearing on the ballot. <br /> <br />In cases where a Memorandum of Understanding between the City and an <br />employee organization is in effect on the effective date of this Resolution, it shall be <br />presumed for the duration of the Memorandum of Understanding that the unit set forth in the <br />Memorandum of Understanding is appropriate and that the employee organization is the <br />majority representative of the employees covered therein. Unless a petition is filed pursuant <br />to Section 12 below, it shail be presumed that when said Memorandum of Understanding <br />terminates the employee organization shall continue to be a majority representative of <br />employees covered by said Memorandum of Understanding for the purposes of meeting and <br />conferring regarding matters within the scope of representation; provided, however, the <br />employee organization flies with the City the information required by Section 6(a), 1 through <br />13 of this Resolution. Nothing contained herein shall preclude an employee organization <br />fi.om filing a petition for recognition pttrsuant to Section 6 or Section 10 of this Resolution <br />at the expiration of Memoranda of Understanding which expire on June 30, 1981. <br /> <br />Section I0: Procedure for Decertification of Recognized Employee Organization. <br /> <br />A Decertification Petition alleging that the incumbent Recognized Employee <br />Organization no longer represents a majority of the employees in an established appropriate <br />unit may be filed with the Employee Relations Officer only during the month of January of <br />any year following the first full year of recognition or during the thirty (30) day period <br />commencing one hundred eighty (180) days prior to the termination date ofa Memorandtan <br />of Understanding then having been in effect less than three (3) years, whichever occurs later. <br /> <br />96 <br /> <br /> <br />