(A) The city government is prohibited from:
(1) Discriminating against an employee in regard to the terms and conditions of employment because of the employee's membership in a labor organization.
(2) Interfering with, restraining or coercing city employees in the exercise of their rights under this article or use public funds to influence the decision of its employees regarding whether to support or oppose a labor organization that represents or seeks to represent those employees, or whether to become a member of any labor organization; provided however, that this subsection does not apply to activities performed or expenses incurred:
(a) addressing a grievance or negotiating or administering a collective bargaining agreement;
(b) allowing a labor organization or its representatives access to the city's facilities or properties;
(c) performing an activity required by federal or state law or by a collective bargaining agreement;
(d) negotiating, entering into or carrying out an agreement with a labor organization;
(e) paying wages to a represented employee while the employee is performing duties if the payment is permitted under a collective bargaining agreement; or
(f) representing the city in a proceeding before the board or a local board or in a judicial review of that proceeding;
(3) Interfering with or dominating the formation or administration of any employee organization, interfering with the selection of an agent or representative for bargaining or adjustment of grievances;
(4) Discrimination in regard to hiring or conditions of employment for the purpose of encouraging or discouraging membership in any employee organization;
(5) Refusing to negotiate in good faith with a certified exclusive bargaining representative of an employee organization;
(6) Discharging or discriminating against a city employee because he has signed or filed an affidavit, petition, grievance, complaint, or charges or given testimony under the provisions of this article or because a city employee is forming, joining, or choosing to be represented by a labor organization;
(7) Violating a written agreement in force which was negotiated under the provisions of this article;
(8) Causing, instigating, or engaging in an employee lockout;
(9) Refusing or failing to comply with a provision of this article or the Board’s Rules.
(B) An employee organization, a group of city employees, or a city employee individually is prohibited from:
(1) Interfering with, restraining, or coercing employees in the exercise of their designated duties or their rights under this article;
(2) Restraining, coercing, or interfering with the city in the selection of its agent for bargaining or for adjustment of grievances;
(3) Causing or attempting to cause a city supervisor to discriminate against a city employee because of membership or lack of membership in an employee organization;
(4) Refusing to negotiate and/or conduct business in good faith with the designated representative of the city government.
(5) Violating the provisions of any written agreement in force;
(6) Picketing the homes or private businesses of officials, administrative officers, or representatives of city government;
(7) Engaging in, inducing, or encouraging any city employee or group of employees to engage in a strike, a work stoppage, or work slowdown;
(8) Discriminating against a city employee with regard to labor organization membership, race, color, religion, creed, age, sex, or national origin;
(9) Refusing or failing to comply with a provision of this article or the Board’s Rules.
(C) It shall be a prohibited practice for any elected or appointed official of the city government or for any employee organization, group of city employees or individual city employee to attempt to influence negotiations or to interfere with the normal progress of negotiations between the duly authorized negotiating teams of the city government and of the employee organization.
(D) Any controversy concerning prohibited practices will be submitted to the Board within the time period required by the Board's Rules. Proceedings against the party alleged to have committed a prohibited practice shall be commenced by service upon the accused party and the Board of a written notice together with a copy of the charges. The accused party shall have ten work days within which to serve on the opposing party and the Board a written answer to such charges.
('74 Code, § 2-2-9) (Ord. 153-1971; Am. Ord. 4-1977; Am. Ord. 4-2001; Am. Ord. 2020-045; Am. Ord. 2021-019)