§ 4-5-306. SAME - PRE-ELECTION PROCESS.

(a)

Director of Human Resources to notify others of receipt of petition. When the Director of Human Resources receives a petition, the Director shall provide notification of the petition to:

(1)

The exclusive representative, if any, in the representation unit in which the petition is filed; and

(2)

An employee organization that has notified the Director in writing that it has an interest in the representation unit in which the petition is filed.

(b)

Disagreement between Director of Human Resources and employee organization.

(1)

If the Director of Human Resources disagrees with the petitioning employee organization or the petitioning employees as to the inclusion or exclusion of certain employees in the representation unit, they shall refer the issue immediately to a mutually acceptable impartial third party agency for its determination.

(2)

The impartial third party agency shall hold a hearing on the issue in question.

(3)

The employee organization or the petitioning employees and the county administration shall participate in the hearing, presenting evidence with respect to their positions on the issue of the inclusion or exclusion of the employees in question.

(4)

The decision of the impartial third party agency shall be final and binding on both parties.

(1988 Code, § 25-56) (Bill No. 147-97, § 1, 1-26-1998; Bill No. 66-99, § 2, 7-1-2004; Bill No. 71-03, § 3, 7-1-2004; Bill No. 123-10, § 5, 1-16-2011)