SEC. 3-38. EMPLOYEE RIGHTS.

   (A)   Employees of the city shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including but not limited to wages, hours and other terms and conditions of employment.

   (B)   Employees of the city also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the city.

   (C)   No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the city or by any employee organization because of the exercise of these rights.

(`64 Code, Sec. 2-42.4) (Ord. No. 1433)

SEC. 3-39. CITY RIGHTS.

   (A)   The rights of the city include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards, set standards of service, determine the procedures and standards of selection for employment and promotion, direct its employees, take disciplinary action, relieve its employees from duty because of lack of work or for other legitimate reasons, maintain the efficiency of governmental operations, determine the methods, means and personnel by which government operations are to be conducted, determine the content of job classifications, take all necessary actions to carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.

   (B)   The exercise of such city rights shall not preclude employees or their representatives from meeting and consulting with management or filing grievances about the consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.

(`64 Code, Sec. 2-42.5) (Ord. No. 1433)

SEC. 3-40. MEETINGS ON MATTERS WITHIN SCOPE OF REPRESENTATION; TIME OFF FOR MEETING.

   (A)   The city, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organizations with majority representation rights regarding matters within the scope of representation including wages, hours and other terms and conditions of employment within the appropriate unit.

   (B)   The employee representatives designated pursuant to section 3-43, shall be allowed reasonable time off without loss of compensation or other benefits to formally meet and confer with representatives of the city.

(`64 Code, Sec. 2-42.6) (Ord. No. 1433)

SEC. 3-41. CONSULTATIONS ON CERTAIN MATTERS.

   All matters affecting employer-employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The city, through its representatives, shall consult in good faith with any employee or his/her representative on employer-employee relations matters which affect the employee. Advance notice on matters subject to consultation, but outside the scope of representation, is desirable but not mandatory.

(`64 Code, Sec. 2-42.7) (Ord. No. 1433)

SEC. 3-42. NOTICE TO AFFECTED EMPLOYEE ORGANIZATIONS OF MATTERS PROPOSED TO CITY COUNCIL.

   (A)   Reasonable written notice shall be given to each recognized employee organization affected by any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the city council and each shall be given reasonable opportunity to meet with such body prior to adoption.

   (B)   In cases of emergency when the city determines that as an interim measure an ordinance, resolution, rule or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the city shall provide reasonable notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, resolution, rule or regulation. The city shall promptly take final action on the ordinance, resolution, rule or regulation following such notice and opportunity to meet.

(`64 Code, Sec. 2-42.8) (Ord. No. 1433)

SEC. 3-43. PROCEDURE FOR RECOGNITION OF MAJORITY REPRESENTATIVE; FILING OF PETITION.

   An employee organization that seeks formal recognition for purposes of meeting and conferring in good faith as the majority representative of employees in an appropriate unit shall file a petition with the municipal employee relations officer containing the following information and documentation:

   (A)   Name and address of the employee organization;

   (B)   Names and titles of its officers;

   (C)   Names of up to three employees and one professional representative who as employee organization representatives are authorized to speak on behalf of its members;

   (D)   A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the city;

   (E)   A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional, State, national or international organization, and, if so, the name and address of each such regional, State, national or international organization;

   (F)   Certified copies of the employee organization's constitution and bylaws;

   (G)   A designation of those persons, not exceeding three in number, and one professional representative when designated, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose;

   (H)   The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein;

   (I)   A statement that the employee organization has in its possession written proof to establish that employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the city. (Such written proof shall be submitted for confirmation to the municipal employee relations officer or to a mutually agreed upon disinterested third party.); and

   (J)   A request that the municipal employee relations officer recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation.

(`64 Code, Sec. 2-42.9) (Ord. No. 1433)

SEC. 3-44. DETERMINATION OF APPROPRIATENESS.

   (A)   When a petition is filed by an employee organization seeking formal recognition as majority representative, the city shall request the State Conciliation Service to make the determination as to whether the unit is an appropriate unit. If for any reason, the State Conciliation Service is unable to provide such a service, the determination shall be made by a mutually agreeable third party. The principal criterion in making the determination is whether there is a community of interest among such employees. The following factors, among others, are to be considered in making such determination:

      (1)   Which unit will assure employees the fullest freedom in the exercise of rights set forth under this article;

      (2)   The history of employee relations:

         (a)   In the unit;

         (b)   Among other employees of the city; and

         (c)   In similar public employment.

      (3)   The effect of the unit on the efficient operation of the city and sound employer-employee relations;

      (4)   The extent to which employees have common skills, working conditions, job duties or similar educational requirements; and

      (5)   The effect on the existing classification structure of dividing a single classification among two or more units. Provided, however, that no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized.

   (B)   In the establishment of appropriate units:

      (1)   Professional employees shall not be denied the right to be represented separately from nonprofessional employees; and

      (2)   Management and confidential employees who are included in the same unit with non- management or non-confidential employees may not represent such employees on matters within the scope of representation.

   (C)   The fees and expenses, if any, for the initial determination of appropriate units, upon the implementation of this article, shall be paid by the city. In any future determination, the petitioning employee organization shall pay the fees and expenses.

(`64 Code, Sec. 2-42.10) (Ord. No. 1433)

SEC. 3-45. PROCEDURE FOR UNIT PLACEMENT OF NEW OR MODIFIED CLASSES.

   Notwithstanding any other sections in this article, the municipal employee relations officer shall, after notice and upon request, consult with affected employee organizations regarding removal or allocation of new or modified classifications or positions into or out of units. If, after such consultation, an agreement is not reached concerning any such removal or allocation issue, then a determination shall be made concerning said issue, in the same manner in which the appropriateness of a unit is otherwise determined in this article.

(`64 Code, Sec. 2-42.10.1) (Ord. No. 2028)