(A) Findings and purpose.
(1) The citizens of El Mirage have a fundamental interest in the development of harmonious and cooperative relations between city management, elected officials, administrators, and the employees of El Mirage;
(2) Recognition by the city of the fundamental rights of public employees to organize and full acceptance of the principle and procedure of full communication between public employers and public employees, can alleviate various forms of strife and unrest;
(3) The city, its employees and employee organization, have a basic obligation to the public to assure the orderly and continuous operation and functions of government;
(4) Strikes, work stoppages, slowdowns, and other concerted efforts designed to disrupt city services, are contrary to the public good and are strictly prohibited. Participation in these efforts may be grounds for termination;
(5) It is the purpose of this section to obligate the city management, city employees and their representatives, acting within the framework of law, to enter into discussions with affirmative willingness to resolve issues, grievances, and disputes relating to working conditions, wages, benefits, and hours of work. It is also the purpose of this section to promote harmonious employer-employee relations by providing a uniform basis for recognizing the right of public employees to join, or refrain from joining, an organization of their own choice. Also, it is their right to be represented by the organization in their dealings with the city in accordance with the provisions of this section. Representation shall only be provided on matters subject to meeting and conferring, in accordance with division (C)(1)(a). Additionally, this section provides that the results of agreements between the employer and its employees shall be drafted into written memorandums of understanding.
(6) It is not the intent of this section to conflict with the Arizona Revised Statutes with regard to wages and benefits as it relates to public safety employee organizational rights. In the event such a conflict exists, the statutes are intended to prevail.
(B) Employee groups.
(1) There shall be two groups within the city. It shall include:
(a) All police officers in classifications up to and including Sergeants;
(b) Firefighters up to and including the rank of Captain.
(2) Authorized representation of an employee group shall be determined by the presentation of a petition (or membership applications) to the City Manager containing the signatures of at least 51% of the employees in the above designated groups. The petition shall designate the employee group and the employee organization designated to represent those employees. Upon verification of the signatures, the City Manager shall designate the named employee organization, as the official and exclusive employee organization for representation purposes provided for by this section. The designated employee organization shall have the right to bi-weekly or monthly dues deductions, if approved by the employees of the organization.
(C) Meeting and conferring.
(1) (a) An employee organization that has been verified by the City Manager, shall submit a proposal to the City Manager relating to hours, safety regulations and other working conditions, by December 1, of each year.
(b) In the first year of this section, the employee organization shall submit its initial proposal by April 1.
(2) Upon receiving a proposal from a verified employee organization, the City Manager, shall submit a written response to the proposal to the employee organization within 30 days from receipt of the proposal.
(3) Within ten days from receipt of the City Manager’s response, representatives of the employee organization and the City Manager, as determined by the employee organization, shall begin “meeting and conferring” at mutually agreed upon locations and times, for the purpose of entering into a written memorandum of understanding relating to the proposal regarding working conditions, wages, benefits, and hours. Meetings shall be at least three hours in duration, unless mutually agreed otherwise. Meetings shall take place weekly until an agreement is reached, or impasse is declared.
(4) The City Manager, or his or her designated representative, and the representative of the employee organization, shall initial all areas of agreement. Those areas which were not agreed to shall be outlined as areas in dispute. If agreement has not been reached by March 10, a federal mediator will be requested by the moving party. The City Manager, the employee representatives, and the federal mediator, will meet as often as necessary to reach an agreement.
(5) If an agreement still has not been reached by April 1, an arbitrator will be requested by the moving party from the American Arbitration Association. Standard rules of the American Arbitration Association will be utilized in the section and use of the arbitration. However, selection of the arbitrator shall be limited to residents of Yavapai, Coconino, or Maricopa County.
(6) All issues not previously agreed to will be submitted to the arbitrator for resolution. On or before May 1, or as soon thereafter as is practicable, all areas of agreement, as well as those areas in dispute and still under consideration, and the recommendations of the arbitrator, shall be submitted to Mayor and Council for their consideration. The Mayor and Council may also take whatever actions they feel appropriate with regard to those areas in dispute. Final action by the Mayor and Council shall constitute the memorandum of understanding.
(Ord. O00-01-04, passed 1-27-2000; Res. R16-09-20, passed 9-6-2016; Ord. O16-09-08, passed 9-6-2016; Ord. O17-06-07, passed 6-20-2017)