(A) A labor organization that has been certified by the Labor-Management Relations Board as representing the city employees in the appropriate bargaining unit shall be the exclusive representative of all city employees in the appropriate bargaining unit. The exclusive representative shall act for all city employees in the appropriate bargaining unit and negotiate a collective bargaining agreement covering all employees in the appropriate bargaining unit. The exclusive representative shall represent the interests of all city employees in the appropriate bargaining unit without discrimination or regard to membership in the labor organization. A claim by a city employee that the exclusive representative has violated this duty of fair representation shall be forever barred if not brought within six months of the date on which the city employee knew, or reasonably should have known of the violation.
(B) This section does not prevent a city employee, acting individually, from presenting a grievance without the intervention of the exclusive representative. At a hearing on a grievance brought by a city employee individually, the exclusive representative shall be afforded the opportunity to be present and make its views known. An adjustment made shall not be inconsistent with or in violation of the collective bargaining agreement then in effect between the city and the exclusive representative.
(C) The city shall provide an exclusive representative of an appropriate bargaining unit reasonable access to employees within the bargaining unit, including the following:
(1) For purposes of newly hired employees in the bargaining unit, reasonable access includes:
(a) The right to meet with new employees, without loss of employee compensation or leave benefits; and
(b) The right to meet with new employees within 30 days from the date of hire for a period of at least 30 minutes, but not more than 120 minutes, during new employee orientation.
(2) For purposes of employees in the bargaining unit who are not new employees, reasonable access includes:
(a) The right to meet with employees during the employees' regular work hours at the employees' regular work location to investigate and discuss grievances, workplace-related complaints and other matters relating to employment relations; and
(b) The right to conduct meetings at the employees' regular work location before or after the employees' regular work hours, during meal periods and during any other break periods.
(D) The city shall permit an exclusive representative to use the city's facilities or property, whether owned or leased by the city, for purposes of conducting meetings with the represented employees in the bargaining unit. An exclusive representative may hold the meetings described in this section at a time and place set by the exclusive representative. The exclusive representative shall have the right to conduct the meetings without undue interference and may establish reasonable rules regarding appropriate conduct for meeting attendees.
(E) The meetings described in this section shall not interfere with the city's operations.
(F) If the city has the information in its records, the city will provide, in an editable digital file format agreed to by the exclusive representative, the following information for each employee in an appropriate bargaining unit:
(1) The employee's name and date of hire;
(2) The employee's cellular, home, and work telephone numbers;
(3) The employee's work and personal electronic mail addresses;
(4) Home address or personal mailing address; and
(5) Employment information, including the employee's job title, salary, and work site location.
(G) The city shall provide the information described in division (F) of this section to the exclusive representative within ten days from the date of hire for newly hired employees in an appropriate bargaining unit, and every 120 days for employees in the bargaining unit who are not newly hired employees. The information shall be kept confidential by the labor organization and its employees or officers.
(H) An exclusive representative shall have the right to use the city's electronic mail system to communicate with the employees in the bargaining unit regarding:
(1) Collective bargaining, including the administration of collective bargaining agreement;
(2) The investigation of grievances or other disputes relating to employment relations; and
(3) Matters involving the governance or business of the labor organization.
(Ord. 2020-045; Am. Ord. 2021-019)