As used in this chapter:
(a) "City" means the City of Sidney, Ohio.
(b) "City employee" means any person employed by the City, whether or not in the classified services of the City, except those excluded in Section 133.02(b).
(c) "Supervisor" means any individual having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or to effectively recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.
(d) "Strike" means the failure to report for duty, the willful absence from one's position, the stoppage of work, the submission of mass conditional resignations, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, for the purpose of inducing, 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 in or from assuming such public employment. This definition does not limit, impair or affect the right of any employee to the expression or communication of a view, grievance, complaint or opinion on any matter related to the conditions or compensation of public employment or their betterment, so long as such expression or communication is not designed to or does not interfere with the full faithful and proper performance of the duties of employment.
(e) "Bargaining unit" 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 the City concerning wages, grievances, labor disputes and terms and conditions of employment.
(f) "Labor organization" means any organization of any kind in which employees participate and which exists for the purpose in whole or in part, of dealing with the City concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of employment; which has filed its constitution and bylaws with the City Manager; and which elects its officers by a secret ballot of its membership.
(Ord. A-1120. Passed 1-19-76.)
(a) The City shall continue to negotiate with the present employee wage and benefit committees.
(b) Those employees and officials who are excluded from the definition of "City employee" include the following, and shall not be included within any bargaining unit:
(1) Supervisors;
(2) Elected and appointed officials;
(3) Employees within their probationary period;
(4) Part-time, temporary and seasonal employees;
(5) Employees having access to confidential information concerning the financial, personnel or legal matters of the City, including the Secretary to the City Manager, the individual responsible for payroll records, and such other classifications as designated by the department head with the approval of the City Manager;
(6) Employees of the Chief Executive or Administrative Officer, the legislative authority or governing board, personnel agencies and the Civil Service Commission; and
(7) Employees who are engaged in negotiations with bargaining units, or labor organizations, on behalf of the City.
(Ord. A-1120. Passed 1-19-76.)
(a) The City Manager is hereby authorized to enter into agreements with representatives certified under the provisions of Section 133.02(a) concerning wages, terms and conditions of employment. However, such agreements will not be binding unless and until Council has accepted their terms by passing necessary legislation.
(b) Collective bargaining means that the parties shall meet at reasonable times and make every effort through negotiation to reach agreement on wages, terms and conditions of employment. It is the intent of the City that collective bargaining shall result in a collective bargaining agreement without the intervention of Council.
(Ord. A-1120. Passed 1-19-76.)
(a) No City employee shall engaged in, cause, instigate, encourage or condone a strike against the City.
(b) No employee of the City who is excluded from the definition of "City employee" in Section 133.01(b) shall engage in, cause, instigate, encourage or condone a strike against the City.
(c) No bargaining unit or officer of any labor organization shall engage in, cause, instigate, encourage or condone a strike against the City.
(d) A City employee who engages in a strike against the City in violation of this section is subject to disciplinary penalties, including discharge.
(e) In determining whether a bargaining unit or labor organization has engaged in a strike against the City in violation of this section, the following shall be considered:
(1) Whether or not the bargaining unit or labor organization called the strike or made a good faith effort to prevent it; and
(2) Whether or not the bargaining unit or labor organization made or was making good faith efforts to terminate the strike.
(Ord. A-1120. Passed 1-19-76.)
(a) Any bargaining unit or labor organization found to have willfully violated Section 133.04 shall be fined not more than two hundred fifty dollars ($250.00) for each offense. A separate offense shall be deemed committed each day or part of a day that a violation continues.
(b) Any officer of a bargaining unit or labor organization found to have willfully violated Section 133.04 shall be fined not more than one hundred dollars ($100.00) for each violation. A separate offense shall be deemed committed each day or part of a day that a violation continues.
(c) Any fine against a bargaining unit or labor organization shall be enforceable only against the bargaining unit or labor organization as an entity and against its assets and is not enforceable against any individual member or his assets.
(Ord. A-1120. Passed 1-19-76.)