2003 AGN AUG 05 I15 - Laserfiche WebLink

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Equipment Mechanic I, Wastewater Equipment Mechanic II, Wastewater Equipment Mechanic -in -Training, Wastewater Operator -in -Training, Wastewater Operator I, Wastewater Operator II, Wastewater Operator III, Water Distribution Operator I, Water Distribution Operator II, Water Distribution Operator III, Water Equipment Operator I, Water Equipment Operator II, Water Quality Specialist, Water Utilities Operator, and Welder/Water Service Worker. On April 23, 2003, and pursuant to Administrative Policy 4.03.100, Section 6, Rule 3, I determined in my capacity as Municipal Employee Relations Officer, that the above listed positions constituted an appropriate bargaining unit and ordered that a secret ballot election be conducted to determine whether the employees desired to be represented by IBEW, SBPEA or no employee association. (Attachment A.) On May 8, 2003, Tom Ramsey, Supervisor of Field Services of SBPEA, wrote and requested clarification as to which employees would be permitted to vote in the secret ballot election. In particular, he asked whether only employees in the above listed positions would be eligible to vote or whether the election -would also be open to other City employees represented by IBEW. (Attachment B.) On May 16, 2003, I responded that only the employees in the positions listed above would be eligible to participate in the election. (Attachment C.) The election was conducted on June 11, 2003, with a majority of the employees selecting IBEW as their majority representative. SBPEA filed the instant appeal on June 23, 2003, contesting the decision that only employees in the positions listed above would be eligible to vote and claiming that other employees represented by IBEW should also be permitted to participate in the election. ANALYSIS As stated above, SBPEA's appeal is made pursuant to Section 6, Rule 1, Subsection F of the City's Administrative Policy 4.03.100 ("Employer -Employee Relations"), which states: "On or before ten (10) days after such a determination by the Municipal Employee Relations Officer, the affected employee organization may appeal such determination to the City Council by a written appeal filed with the City Clerk, and the Municipal Employee Relations Officer shall make finding of fact in support of such determination and report then to the City Council on or before thirty (30) days following the date of such appeal. After receiving the appeal, the City Council may adopt, reverse or Findings of Fact- Appeal 071503