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§ 291-608 — Decertification/withdrawal of recognition

Revised Code of the Consolidated City and County of Indianapolis-Marion County (Supp. No. 47, Update 2: codified through Ordinance No. 42, 2026, passed June 1, 2026) · Indianapolis-Marion County Revised Code § 291-608

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Sec. 291-608. - Decertification/withdrawal of recognition.

(a) Recognition of an employee organization shall continue only so long as such organization satisfies the criteria of this article and any guidelines of the Indiana State Department of Labor applicable to recognition. (b) If a petition for decertification of a recognized collective bargaining agent is presented to the Indiana State Department of Labor showing that at least thirty (30) percent of the employees in the bargaining unit no longer want the employee organization to be their bargaining agent, then the Indiana State Department of Labor shall hold an election pursuant to section 291-606 of this article. (c) A petition for decertification of a recognized collective bargaining agent in an appropriate unit may be filed in a thirty-day period between the one hundred eightieth and one hundred fiftieth day prior to expiration of the collectively bargained agreement for that bargaining unit and any time after that collectively bargained agreement has expired. (d) For a period of one (1) year following recognition or certification of a collective bargaining agent, no decertification petitions may be filed. (e) The employee organization no longer shall be recognized as the bargaining agent of the employees in the bargaining unit if a majority of the employees in the appropriate bargaining unit voting in the election. vote to no longer be represented by the employee organization. (f) The city may withdraw recognition from an employee organization at any time based upon a good faith belief that a majority of the bargaining unit no longer supports the employee organization. An employee organization may file an exception to the city's withdrawal of recognition with the Indiana Department of Labor, which in considering such an exception, may order an election to determine majority support. A withdrawal of recognition under this section shall not be deemed an abrogation of the city's obligations under a valid collective bargaining agreement in effect at the time of withdrawal.

(G.O. 74, 2001, § 1)