2.52.080 Procedure for decertification of exclusively recognized employee organization.

(A) A decertification petition alleging that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the employee relations officer only during the first month following the first full year of recognition, during the thirty-day period commencing ninety days prior to the termination date of a memorandum of understanding then having been in effect three years or less, or at any time during which a memorandum of understanding is not in effect. A decertification petition may be filed by employees or their representative, or any 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 exclusively recognized employee organization sought to be decertified as the representative of that unit

(3) An allegation that the incumbent exclusively recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.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 fifty 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 subsection A of this section.

(B) An employee organization may, in satisfaction of the decertification petition requirements hereunder, file a petition under this section in the form of a recognition petition that evidences proof of employee support of at least fifty percent of the employees in the bargaining unit, that includes the allegation and information required under subsection (A)(3) of this section and otherwise conforms to the requirements of Section 2.52.030 of this article.

(C) The employee relations officer shall initially determine whether the petition has been filed in compliance with the applicable provisions of this article. If his or her determination is in the negative, he or she 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 2.52.100 of this article. If the determination of the employee relations officer is in the affirmative, or if his negative determination is reversed on appeal, he or she shall give written notice of such decertification or recognition petition to the incumbent exclusively recognized employee organization and to unit employees. The employee relations officer shall thereupon arrange within a reasonable time for a secret-ballot election to be conducted by the state mediation and conciliation service in accordance with its rules and procedures and subject to the provisions of this chapter, after such notice to determine the wishes of unit employees as to the question of decertification and, if a recognition petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 2.52.070 of this article.

(D) During the "open period" specified in subsection A of this section, the employee relations officer may, on his or her own motion, when he or she has a good-faith reason to believe that a majority of unit employees no longer wish to be represented by the incumbent exclusively recognized employee organization, give written notice to that organization and all unit employees that he or she will arrange for an election to determine that issue. Such written notice shall state the reasons for his or her good-faith reason to believe that a majority of the employees no longer wish to be represented by the incumbent exclusively recognized employee organization. In such event any other employee organization may within fifteen days of such notice file a recognition petition in accordance with this section, which the employee relations officer shall act on in accordance with this section.