2.1	Generally. Any person designated in the applicable subsection of Rule 2.2 of these Rules and Regulations may file a petition for certification, decertification, amendment of certification or unit clarification pursuant to Phoenix City Code, Section 2-216.
2.2	Who May File. Representation Petition Seeking Certification (RC). A petition for certification as authorized representative under Phoenix City Code, Section 2-216, may be filed by any individual, employee, group of employees or an employee organization alleging that at least thirty percent (30%) of the employees in the appropriate unit desire to be represented by the petitioner for meet and confer purposes. The petition shall be accompanied by evidence of the thirty percent (30%) showing of interest. Decertification Petition (RD). Any individual, employee, group of employees, or an employee organization may file a decertification petition alleging that at least thirty percent (30%) of the employees in the appropriate unit believe their current authorized representative no longer represents the employees in the bargaining unit. The petition shall be accompanied by evidence of the thirty percent (30%) showing of interest. Employment Petition (RE). The public employer may file a petition for an election in a unit where no authorized representative has been certified, but a claim for recognition has been made and strike action has been threatened, to determine if employees desire to be represented. The petition shall be accompanied by evidence supporting the claim. The public employer may also file a petition for an election as a means of questioning the continued majority status of an authorized representative. The petition shall be accompanied by evidence that the public employer has reasonable cause to believe, through the application of objective considerations, that the authorized representative has lost its majority status since its certification. Petition for Unit Clarification (UC). A petition to clarify the inclusion or exclusion of job classifications of employees in a Board determined bargaining unit may be filed by the public employer, an affected public employee, or the authorized representative. Such petition must be in the absence of a question of representation. Petition for Amendment of Certification (AC). The public employer or the authorized representative may file a petition to amend a certification to reflect changed circumstances provided such petition does not raise a question concerning representation. Petition to Intervene. In the event a representation election is to be held, any other individual, employee, group of employees or an employee organization may file a petition alleging that at least ten percent (10%) of the employees in the appropriate unit desire to be represented by the intervening petitioner. The petition shall be accompanied by evidence of the ten percent (10%) showing of interest. If it is determined that there is an adequate showing of interest, the intervening petitioner shall be accorded a place on the ballot. A petition to intervene in an election shall not be entertained after the Board either directs an election or approves an election agreement.
2.3	Showing of Interest. A showing of interest may consist of a current certification of representation, cards, applications for membership, authorizations for representation, lists and/or petitions which indicate, at a minimum, the employees' interest in being represented by the petitioner or , in the case of a decertification petition, the employees' interest in not being represented by the authorized representative, the signatures of the employees and the dates of the signatures. Documents submitted with any petition shall not be public documents and shall not be made available to any party or individual. The determination of the adequacy or sufficiency of a showing of interest shall be made by the Board's agent.
2.4	Petitions to Amend Certification or to Clarify an Appropriate Unit. After a certification of representative has been issued, the Board may entertain a petition to amend the certification or to clarify the unit certified. A petition to amend certification shall be filed in accordance with Rule 2.2(E) hereof and a petition for clarification shall be filed in accordance with Rule 2.2(D) hereof. Such petitions shall be filed with the Board on forms provided by the Board. The Board shall issue an order granting or dismissing any such petition, either with or without a hearing thereon.
2.5	Contract Bar. A memorandum of understanding which has been properly executed by the authorized representative and the public employer and approved by the City Council shall be a bar to an election for so much of the term of the memorandum of understanding as does not exceed three (3) years. Petitions for certification or decertification shall be filed during the time period from September 1 to October 1 of the year immediately preceding the expiration of said memorandum of understanding. A memorandum of understanding entered into after a petition has been filed shall not be a bar to an election. A petition for certification of an authorized representative will also be entertained at any time during the term of a memorandum of understanding where it is alleged and shown that the authorized representative is defunct or that a schism has developed within the organizational structure of the authorized representative so as to render the administration of the memorandum of understanding impossible. In the event the status of an employee organization has been revoked, no petition shall be entertained for the certification of another employee organization until such time as a petition would otherwise be timely had the authorized representative's status not been revoked.
2.6	Where to File Petitions. An original petition shall be filed at the office of the Board on forms which shall be supplied by the Board.
2.7	Service of Petition. When a petition is filed, the Board's agent shall immediately cause a copy of such petition to be served on all persons having an interest in the proceeding.
2.8	Eligibility of Employees. Public employees eligible to support a petition shall be full-time and regular part-time employees in the appropriate unit and those included by determination of the Board. Public employees not eligible to support a petition are those excluded by Phoenix City Code, Section 2-210, (4), (9), (14), (15) and (19) and Section 2-212, and those excluded by determination of the Board.
2.9	List of Employees in Appropriate Unit. Within ten (10) days after the filing of a petition and service thereof, the public employer shall furnish the Board with an alphabetical list of employees in the unit in which an election is sought, including those employed as of the close of the pay period immediately preceding the date the petition was filed. The Board's agent shall be responsible for checking the adequacy of the showing of interest of the petitioner and any intervenors. Should the public employer disagree with the unit description set forth in the petition, the public employer shall designate those employees which it would include or exclude in addition to the employees described in the petition.
2.10	Pre-Election Conference. Upon determining that the petitioner has an adequate showing of interest in the unit sought to be represented, the Board's agent shall issue notice of and shall conduct a pre-election conference to be held with the public employer representative(s), the petitioner and any intervenor having an adequate showing of interest. The pre-election conference shall be held no sooner than nine (9) nor later than twenty (20) days following the filing of the petition. If all parties agree upon the time, date, and site(s) for an election, and the payroll closing date to be used to determine employee eligibility, they may enter into a consent election agreement. Voters whose eligibility may be in dispute shall be permitted to vote a challenged ballot.
2.11	Approval of Consent Election Agreement. All parties may enter into an election agreement and file said agreement with the Board, but such agreement shall not be submitted prior to the time and date of the scheduled pre-election conference. The consent agreement shall, by 5:00 o'clock p.m. on the first business day following the scheduled pre-election conference, be submitted to the Board for approval. Prior to consideration of the consent agreement by the Board, the Board's agent shall submit a recommendation that the agreement be approved or disapproved.
2.12	Notice of Hearing. If, on the first business day following the scheduled pre-election conference, no consent agreement is filed with the Board, or in the event said agreement is not approved by the Board, the Board's agent shall issue and cause to be served upon all parties a notice of hearing which shall fix the date, time, and place of hearing. Said hearing shall be scheduled no sooner than seven (7) days nor later than ten (10) days after the date of the issuance of the notice of hearing. Any request for continuance of the hearing date must be filed at the office of the Board at least three (3) working days prior to the date set for hearing. Upon good cause shown, the Board, or any authorized member thereof, may continue the date set for hearing. Based upon the record and briefs, if any, of the parties, the Board shall resolve any remaining issues concerning the election procedure.
2.13	Notice of Election. The Board's agent shall prepare and serve upon the parties the official notice of election which shall set forth the time, date, place of election, the appropriate unit, voting eligibility requirements, and a sample of the ballot to be used in the election. The public employer shall post copies of the notice of election in places where copies of notices to employees in the appropriate unit are normally posted for a period of at least five (5) days prior to the election.
2.14	Election Procedures. Elections shall be conducted by such person(s) as may be designated by the Board. All elections shall be conducted in the time period between fifteen (15) and thirty (30) days following the issuance of an order by the Board directing an election or the approval of an election agreement by the Board. Within seven (7) days following the approval of the election agreement or the issuance of an order by the Board directing an election, the public employer shall furnish the Board with a list of the names and addresses of all employees in the appropriate unit. The Board's agent shall serve a copy of said list on all other parties to the election. The election shall be conducted by secret ballot at times and places specified in the notice of election. The ballots shall be prepared by the Board's agent and shall remain in the possession of the Board's agent prior to conducting the election. Ballots shall give employees an opportunity to vote for any qualified employee organization seeking certification or for no employee organization. The order in which choices appear on the ballot shall be determined by agreement of the parties or by the Board's agent. In a runoff election, the order in which choices appear shall be determined by the sequence appearing on the ballot at the prior inconclusive election. Each party to the election shall be entitled to be represented by an equal number of observers at each polling place. The person(s) conducting the election on behalf of the Board shall have the discretion to limit the number of observers any party may have at any polling place. Observers shall be employees eligible to vote. However, in the case of the employer's observers, they shall not be supervisory employees nor shall they be management personnel in the unit for which the election is being conducted. Prior to commencement of the election, the Board shall designate the polling area and no electioneering shall be permitted within the designated area. Any violation of this electioneering rule by any party or its agent may be grounds for setting aside the election.
2.15	Voting Eligibility. Employees eligible to vote in an election shall be all full-time and regular part-time employees in the unit: During the payroll period immediately preceding the date of the order directing an election or the approval of an election agreement, and remaining in an employee status on the date of an election; and Those employees included by determination of the Board. Employees not eligible to vote in an election are those excluded by Phoenix City Code, Section 2-210(4), (9), (14), (15) and (19) and Section 2-212, and those excluded by determination of the Board.
2.16	Challenged Ballots. Any prospective voter may be challenged for cause by any observer or by the person(s) conducting the election on behalf of the Board, by filing with the Board a notice of challenge within forty-eight (48) hours of the election. Any employee whose name does not appear on the eligibility list shall be challenged by the person(s) conducting the election on behalf of the Board. A challenge of an individual previously determined by the Board to be eligible shall only be sustained upon presentation of new or previously unavailable evidence which would support a determination that the challenged voter is no longer eligible to vote. A challenged voter shall be permitted to vote, but the ballot of such voter shall be sealed in a perforated envelope, the stub of which bears the name of the voter, the voter's job title, the date of the election, the polling place, the reason for challenge, and the name of the individual who challenged the voter. The stubs shall be detachable. If it is subsequently determined that the challenged ballot should be counted, the stub shall be removed in order to destroy the Identity of the voter. In all elections, a majority of the valid votes cast shall determine whether or not an employee representative has been designated. Immediately following the counting of the ballots, the Board's agent shall complete and serve on all parties by hand delivery a tally of ballots. The counting of the ballots shall be open to the public so long as there is no interference with the process. No individual other than the one(s) designated by the Board's agent shall be permitted to handle the ballots.
2.17	Hearing on Challenged Ballots. In the event that the Board's agent determines that the challenged ballots would affect the outcome of the election, the Board's agent shall issue a notice of hearing in accordance with Article V of these Rules and Regulations to determine the challenged ballots. Prior to the hearing, the Board's agent shall hold a pre-hearing conference, at which all parties shall attend, for the purpose of resolving any challenges which by agreement between the parties can be resolved. If all challenges are not resolved and the number of unresolved challenges is still sufficient to affect the outcome of the election, the issue of the unresolved challenged ballots shall go to hearing.
2.18	Objections to Conduct. Any party may, within five (5) days after service of the tally of ballots, file with the Board objections to conduct affecting the results of the election, but said objections must be accompanied by evidence which, if true, would warrant setting aside the election. Such objections must be timely filed regardless of whether or not the challenged ballots are sufficient in number to affect the result of the election. A copy of such objections shall be served on all other parties to the election. Objections to a revised tally shall be filed within five (5) days after service of the revised tally.
2.19	Hearing on Objections to Conduct. The Board shall, at its next regularly scheduled meeting, review the objections and supporting evidence submitted pursuant to Rule 2.18 hereof. If the Board finds, based upon the objections and supporting evidence, that the objections would not, if true, be sufficient to warrant setting aside the election, the objections shall be dismissed. If the Board determines that the objections and the evidence submitted in support thereof, if true, would be sufficient to warrant setting aside the election, the Board shall direct the Board's agent to issue a notice of hearing in accordance with Article V of these Rules and Regulations.
2.20	Rerun and Runoff Elections. In the event there are three or more choices on the ballot in an election and none receives a majority of the valid votes cast, the Board shall issue an order directing a runoff election between the two choices receiving the highest number of votes. Such runoff election shall be conducted no later than fifteen (15) days after the direction of a runoff election. The Board's agent shall furnish notice of a rerun or run-off election in the same manner as with the original election. Any such notice shall be posted in places where notices to employees were previously posted. In the case of a rerun election, the Board's agent may include in the notice a short statement specifying the reason(s) the election is being rerun.
2.21	Certification of Election Results. The Board shall issue a certification of the results of the election by issuing a certification of representative if (1) no objections are filed; (2) challenged ballots, if any, are insufficient to affect the results of the election; and (3) a rerun or runoff election is unnecessary. Said certification shall be effective on the date of issuance.

Rules and Regulations

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