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(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)
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)
(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)
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)
(A) The determination of the majority representative of city employees in an appropriate unit shall be made by secret ballot election conducted by the State Conciliation Service or by any other reasonable method which is agreeable to the city and the employee organizations concerned and is backed upon written proof, and is designed to ascertain the free choice of a majority of such employees. The employee organization found to represent a majority of the employees in an appropriate unit shall be granted formal recognition and is the only employee organization entitled to meet and confer in good faith on matters within the scope of representation for employees in such unit. This shall not preclude individual employees from consulting with management representatives on employer-employee relations matters of concern to them.
(B) The recognition rights of a majority representative which has been challenged shall be sustained or revoked through the process of a secret ballot election in a manner that utilizes the same procedures as outlined in the determination of formal recognition.
(C) The recognition rights of the majority representative designated in accordance with this section shall not be subject to challenge for a period of not less than 12 months following the date of such recognition.
(`64 Code, Sec. 2-42.11) (Ord. No. 1483)
(A) The city council shall designate, by resolution, an employee of the city as municipal employee relations officer who shall be the city's principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation including wages, hours and other terms and conditions of employment. A copy of such designation shall be sent to persons specified in section 3-43 above.
(B) The municipal employee relations officer so designated is authorized to delegate these duties and responsibilities.
(`64 Code, Sec. 2-42.12) (Ord. No. 1433)
(A) Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows:
(1) Mediation or conciliation - All mediation proceedings shall be private. The mediator shall make no public recommendations nor take any public position concerning the issues.
(2) Fact-finding - All fact-finding shall be private. The fact finder shall make no public recommendations nor take any public position concerning the issues. The findings and recommendations of the fact-finder may be released by either party subsequent to their being received by both parties.
(3) Referral to the city council - After a public hearing on the merits of the dispute, the city council may make a determination, or may refer the matter to mediation or fact-finding.
(4) Other procedures - Any other dispute resolving procedures to which the parties mutually agree.
(B) Any party may initiate the impasse procedures by filing with the other party affected, a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled by the municipal employee relations officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold:
(1) To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues; and
(2) If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute may be submitted; in the absence of agreement between the parties on this point, the matter may be referred to the city council.
(C) The fees and expenses, if any, of mediators or of any other impasse procedures, shall be payable one-half by the city and one-half by the employee organization or employee organizations.
(`64 Code, Sec. 2-42.13) (Ord. No. 1433)
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