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(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.)