A. Any member of a labor organization or the labor organization itself may initiate decertification of a labor organization as the exclusive representative if thirty percent of the employees in the appropriate bargaining unit make a written request to the board for a decertification election. A decertification election shall be valid only if at least forty percent of the eligible employees in the bargaining unit vote in the election.
B. When there is a collective bargaining agreement in effect, a request for a decertification election shall be made to the board no earlier than ninety days and no later than sixty days before the expiration of the collective bargaining agreement, provided, however, that a request for a decertification election may be filed at any time after the expiration of the third year of a collective bargaining agreement with a term of more than three years.
C. When, within the time period prescribed in subsection B of this section, a competing labor organization files a petition containing signatures of at least thirty percent of the employees in the appropriate bargaining unit, a representation election rather than a decertification election shall be conducted.
D. When an exclusive representative has been certified but no collective bargaining agreement is in effect, the board shall not accept a request for a decertification election earlier than twelve months subsequent to a labor organization’s certification as the exclusive representative. (Ord. 1776-2004 §3(part), 2004).