(a) Definitions. As used in this section:
(1) "City employee" means any person holding, by appointment, a position of employment in the service of the City, except persons holding elective office.
(2) "Employee organization" means an organization of any kind or any agency or employee representation committee or plan in which City employees participate and which exists, in whole or in part, to deal with public employees concerning grievances, labor disputes and terms and conditions of employment, including, but not limited to, those organizations recognized by the City pursuant to Section 252.12.
(3) "Strike" or "work stoppage" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence, in whole or in part, from the full, faithful performance of the duties of employment for the purpose of influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employment or of intimidating, coercing or unlawfully influencing others from remaining or from assuming such public employment.
(b) Participation by City Employees in Strikes or Work Stoppages. Participation by any employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action, up to and including discharge.
(c) Strikes and Work Stoppages by Employee Organizations.
(1) No employee organization, its representative or members shall engage in, cause, instigate, encourage or condone a strike or work stoppage of any kind. In determining whether an employee organization has engaged in a strike against the City in violation of this section, the following should be considered:
A. Whether the employee organization called the strike or work stoppage or made a good faith effort to prevent it; and
B. Whether the employee organization made or was making good faith efforts to terminate the strike or work stoppage.
(2) If an employee organization recognized pursuant to Section 252.12, its representative or members engage in, cause, instigate, encourage or condone a strike or work stoppage of any kind, Council may suspend or revoke the recognition granted to such employee organization, prohibit the use of City facilities and prohibit access to former work or duty stations by such organization. Further, any employee organization found to have violated this section shall be fined not more than two hundred fifty dollars ($250. 00) for each violation. A separate violation shall be deemed committed each day a violation continues.
(3) Any fine levied under this section against an employee organization shall be enforceable only against the employee organization as an entity and against its assets and is not enforceable against any employee as an individual or his or her assets.
(Ord. 72-34. Passed 10-24-72.)