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(A) The appropriateness of the bargaining unit will be investigated and determined by the Board.
(B) Appropriate bargaining units shall be established on the basis of occupational groups or a clear and identifiable community of interest in employment terms, employment conditions, and related personnel matters among the employees involved. Occupational groups shall generally be identified as blue collar, secretarial clerical, technical, paraprofessional, professional, corrections, firefighters, and police officers. Department, craft, or trade designations other than as specified above shall not determine bargaining units. The parties, by mutual agreement and approval of the Board, may further consolidate occupational groups.
(C) The essential factors in determining appropriate bargaining units shall include the principles of efficient administration of government, the history of collective bargaining, and the assurance to employees of their rights guaranteed by the ordinance.
(D) A bargaining unit shall not include both professional and non-professional city employees nor shall it include supervisors, or confidential employees.
('74 Code, § 2-2-8) (Ord. 153-1971; Am. Ord. 69-1973; Am. Ord. 4-1977; Am. Ord. 2020-045; Am. Ord. 2021-019)
(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)
(A) The Board shall promulgate rules of procedure for the conduct of the hearings and proceedings required by this article. The hearings shall be conducted in an orderly and informal manner without adherence to the technical rules of evidence. The Board's hearings and decisions shall be on the record. The Board shall have the authority to administer oaths, subpoena witnesses and compel the production of documents as it deems necessary to the conduct of its proceeding and its subpoenas shall be enforceable in the District Court.
(B) An aggrieved party may appeal the decision of the Board by following the Rules of Civil Procedure for the District Courts. The decision of the Board shall be affirmed unless the decision is found to be: arbitrary, capricious or an abuse of discretion; unsupported by evidence in the record taken as a whole; or, otherwise not in accordance with law.
(Ord. 4-2001; Am. Ord. 2020-045; Am. Ord. 2021-019)
(A) If the Board determines that a strike, as defined by this article, has occurred, the Board may terminate the collective bargaining agreement, order decertification of the employee organization, and inform the employee organization that it no longer represents employees in the bargaining unit involved. The Board shall also notify the employees in the subject bargaining unit of such action and advise them that they will not be privileged to bargain with the city government through a collective bargaining agent for at least 12 months. In such a case, the employee organization that represented the employees who went on strike shall be prohibited from participating in a representation election for city employees for a minimum of 12 months.
(B) If the Board determines that a party has committed a violation of § 3-2-10, the appropriate District Court may, if requested:
(1) Issue an order restraining and enjoining such violation.
(2) In the case of a strike as defined by this article, the District Court may impose on the employee organization a fine which will be set in accordance with the damages and/or loss of revenue involved.
('74 Code, § 2-2-10) (Ord. 153-1971; Am. Ord. 4-1977; Am. Ord. 4-2001; Am. Ord. 2020-045; Am. Ord. 2021-019)
(A) All agreements reached between the city and an exclusive bargaining representative as a result of collective bargaining will be reduced to writing in the form of a contract between the parties.
(B) The cost of writing and reproducing copies of such agreements shall be shared according to the number of copies desired by each party to negotiations.
('74 Code, § 2-2-11) (Ord. 153-1971; Am. Ord. 4-1977; Am. Ord. 12-1977; Am. Ord. 4-2001; Am. Ord. 2020-045; Am. Ord. 2021-019)
(A) Tentative Agreement.
(1) Tentative agreements reached during negotiations will be reduced to writing, dated, and initialed by each team spokesman.
(2) Such tentative agreement is conditional and may be withdrawn should later discussion change either team's understanding of the section as it relates to another part of the agreement.
(B) Ratification. Complete agreement on any matter in negotiations will be reached when the employee organization membership and the Mayor have ratified the agreement.
('74 Code, § 2-2-12) (Ord. 153-1971; Am. Ord. 4-1977; Am. Ord. 12-1977; Am. Ord. 4-2001; Am. Ord. 2020-045; Am. Ord. 2021-019)
(A) If negotiations between the parties reach impasse, the following procedures shall be followed unless the parties have agreed in writing to an alternate procedure:
(1) Either party may request from the Board that a mediator with the federal mediation and conciliation service be assigned to the negotiations, unless the parties can agree on a mediator; and
(2) if the impasse continues after a 30-day mediation period, either party may request a list of seven arbitrators from the federal mediation and conciliation service. One arbitrator shall be chosen by the parties by alternately striking names from such list. Who strikes first shall be determined by coin toss. The arbitrator shall render a final, binding, written decision resolving unresolved issues pursuant to Subsection H of Section 10-7E-17 NMSA 1978 and the Uniform Arbitration Act no later than 30 days after the arbitrator has been notified of selection by the parties. The arbitrator's decision shall be limited to a selection of one of the two parties' complete, last, best offer. The costs of an arbitrator and the arbitrator's related costs conducted pursuant to this subsection shall be shared equally by the parties. Each party shall be responsible for bearing the cost of presenting its case. The decision shall be subject to judicial review pursuant to the standard set forth in the Uniform Arbitration Act.
(B) In the event that an impasse continues after the expiration of a contract, the existing contract will continue in full force and effect until it is replaced by a subsequent written agreement. However, this shall not require the public employer to increase any employees' levels, steps or grades of compensation contained in the existing contract.
('74 Code, § 2-2-13) (Ord. 4-1977; Am. Ord. 4-2001; Am. Ord. 2020-045; Am. Ord. 2021-019)
There shall be formed, to assist in the implementation and administration of the article, a city Labor-Management Relations Board of three members. In view of the legal work involved in the interpretation of this article, Board members shall normally be members of the legal profession or individuals who possess expertise in the field of employee relations or both. Board members shall serve for a period of two years commencing October 1. The Board shall be selected as follows:
(A) Each exclusive representative shall appoint one person to a committee that will be charged with selecting one person to the Board. This committee will meet once every two years in September and select the employees' member of the Board for the following years.
(B) The Mayor of the city shall during the same month appoint the second member of the Board.
(C) The third member and chairperson of the Board shall be appointed mutually by the members appointed by the Mayor and the employee organizations by September 15.
(D) In case the Board must meet in accordance with this article during the absence of a member of the Board, upon request of the Board, the President of the City Council may appoint an interim Board member from the public at large with due regard to the representative character of the Board. In the event a Board member cannot complete the two year term, a new member shall be selected for the remainder of the term in accord with the selection process of this article.
(E) The members of the Board shall be compensated at the rate determined by the City Clerk's Office, not to exceed $300 per day, each for each day of hearing or meeting.
('74 Code, § 2-2-14) (Ord. 153-1971; Am. Ord. 218-1972; Am. Ord. 4-1977; Am. Ord. 4-2001; Am. Ord. 2020-045; Am. Ord. 2021-019)
This article shall preempt all contrary local ordinances, or executive orders except those provisions of §§ 3-1-1 et seq., Merit System; Personnel Regulations, establishing:
(A) Classified and unclassified service;
(B) Methods of initial employment; and
(C) Grievance and appeal procedures for classified employees. Classified employees may utilize the grievance and appeal procedures as set forth by §§ 3-1-1 et seq. provided a collective bargaining agreement does not explicitly conflict with such use.
('74 Code, § 2-2-15) (Ord. 153-1971; Am. Ord. 4-1977; Am. Ord. 54-1978; Am. Ord. 4-2001; Am. Ord. 2020-045; Am. Ord. 2021-019)
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