Common use of Voluntary Recognition Clause in Contracts

Voluntary Recognition. This Agreement is entered into by the Trumbull County Board of DD and Local 1992, AFSCME, Ohio Council 8, AFL-CIO, to ensure an environment of labor peace at the Employer’s premises during the exercise by the Employer’s employees of their rights under ORC 4117, the Ohio Public Employees Collective Bargaining Act; and to avoid any picketing or economic action directed against the Employer during any organizing campaign. The Employer and the Union mutually recognize that Ohio law guarantees workers the right to form, join, or select any labor organization to act as the workers’ exclusive bargaining representative for the purpose of collective bargaining with the Employer or to refrain from such activity. The Employer agrees that it will not take any action, make any statement, hold any meeting or do anything, which will directly or indirectly say or imply that the Employer opposes unionization by its employees. The Union agrees it will not coerce any worker in its efforts to obtain authorization cards. Nor will the Union take any action, make any statement, hold any meeting or do anything, which will directly or indirectly falsely say or imply that the Employer opposes unionization by its employees. If the Union provides written notice to the Employer of its intent to organize the Employer’s employees, the Employer will not interfere with or deny the Union access to its premises. Within five (5) working days following the receipt of the Union’s written notice to organize the Employer’s employees, the Employer will furnish the Union with a complete list of all workers in all job classifications in order for the parties to ascertain and agree upon an appropriate bargaining unit. The Employer will designate which workers are full time, part time, supervisory or management employees. The Union may request recognition as the exclusive bargaining representative for all employees, excluding supervisors and managers. Within five (5) working days after this request, the parties will select an arbitrator who is mutually agreeable to both parties. The arbitrator will be a neutral third party who will conduct a card check of the authorization cards within ten (10) working days of the arbitrator’s selection. If the card check shows a majority of the employees has selected or designated the Union as its bargaining representative, the Employer agrees it will not file an objection to any petition for voluntary recognition filed by the Union with the State Employment Relations Board to represent those employees or where appropriate will execute a joint petition for amendment of certification to accrete the employees into the existing bargaining unit. The parties agree any disputes concerning the application or interpretation of this agreement will be referred to expedited arbitration. The arbitration will convene within ten (10) working days of the dispute. The arbitrator will be the neutral third party selected to conduct the card check. The arbitrator shall have the authority to order the non-compliant party to comply with this agreement.