(A) This section shall be cited and referred to as the “Collective Bargaining Section for Certain Full-time Non-Sworn Non-Exempt City Police Department Employees.”
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BARGAINING AGENT. The organi- zation elected by the bargaining unit to represent the bargaining unit in collective bargaining with the city.
BARGAINING UNIT. All full-time non- sworn non-exempt employees in the City Police Department, except employees in the following classifications: Director of Administration, Data Systems Analyst and Administrative Assistant and other management, professional or otherwise exempt position classifications as may be created from time to time in the future.
CITY. Elkhart, Indiana.
FULL-TIME EMPLOYEES. Those employees who are scheduled on duty 40 or more hours per week.
(C) (1) It is hereby declared to be the public policy of the city that to protect the public health, safety and welfare of the citizens of the city, public employees do not have, and will not be accorded, the right to strike or engage in any type of work stoppage, slowdown, picketing or any other type of job action that interferes with or might interfere with or detract from the proper performance of their duties and responsibilities or those of any other public employees as prescribed by the city.
(2) In the event any of the actions prohibited in division (C)(1) occur:
(a) Any court of competent jurisdiction immediately shall restrain and enjoin such actions and award to the city any and all other appropriate relief;
(b) The city shall no longer have the duty to recognize or bargain with any bargaining agent then representing the bargaining unit; and
(c) All employees who have engaged in the action shall be subject to immediate termination by the city in conformance with relevant state law and any applicable grievance procedures.
(D) (1) The city shall recognize AFSCME as the bargaining agent unless such recognition is withdrawn pursuant to this section by city or bargaining unit members.
(2) Any organization seeking to become the new bargaining agent for the bargaining unit may be recognized as such by the city so long as a majority of the employees in the bargaining unit vote in favor of that organization in a fair and impartial secret ballot election conducted by a disinterested third party to be appointed by the city’s Human Resources Director.
(3) Such an election for the purpose of establishing recognition of a new bargaining agent shall be conducted only when employees in the bargaining unit present to the city objective evidence showing that 30% or more of the employees in the bargaining unit are in favor of holding such an election. Not more than 1 such election to recognize a bargaining agent shall be conducted in any 12-month period.
(4) The bargaining agent shall have the privilege of bargaining collectively on behalf of the aforementioned employees only so long as it abides by all the provisions of this section and only so long as the city has reason to believe the bargaining agent’s efforts are supported by a majority of the bargaining unit. At any time after 12 months from the date of an election, if the city forms a reasonable belief that a majority of the bargaining unit no longer supports the bargaining agent, the city may decline to bargain with the bargaining agent, and the employees in the bargaining unit may bargain independently with their department head or may seek another election.
(E) (1) Either the bargaining agent or the city may request collective bargaining by giving written notice to the other on or before April 1 of any year in which a collective bargaining agreement expires or in which there is no collective bargaining agreement in effect.
(2) If timely written notice is given, the designees of the city and the bargaining agent shall meet at reasonable times and bargain in good faith with respect to wages, benefits and working conditions.
(3) Nothing in this section requires either party to make any concessions or agree to the other party’s proposals.
(F) The city and the bargaining agent each have the right to request in writing and receive from the other information that is necessary and demonstrably relevant to the bargaining process.
(G) (1) In the event that the city and the bargaining agent are unable to reach an agreement by July 1 of any year in which bargaining occurs, either party may submit a written request to the Federal Mediation and Conciliation Service (“FMCS”) for advisory mediation. The FMCS shall provide a mediator mutually agreeable to both parties.
(2) The counsel of the mediator shall be advisory only and shall not be binding on either party.
(3) All FMCS mediation charges shall be divided equally between the bargaining agent and the city. In the event there is no bargaining agent, all such charges shall be equally divided between the employees and the city.
(H) If the bargaining agent and the city reach agreement, they shall reduce the agreement to writing, execute it signifying their approval of it and present it to the Council for approval. No agreement shall be effective or enforceable until it receives such approval by the Council.
(I) This section shall not be deemed in any way to limit or diminish the authority of the city to manage and direct the operations and activities of the city, including, but not limited to the department and employees mentioned hereinabove, to the fullest extent authorized and permitted by law.
(1979 Code, § 31.12) (Ord. 4323, passed 11-26-1997)