(a) The City agrees to recognize the Supervisory, Technical and Professional Employees' Union Local 2058 and Ohio Council 8 AFSCME (AFL-CIO) as the sole and exclusive bargaining agent for the employees of the City working permanently or provisionally in the classifications that are listed in Section 2105.02 in all matters regarding wages, hours of work, and all other conditions of employment.
(b) The City will inform the Union of the creation, reclassification, reorganization, or addition of classifications or positions which may appropriately be added to the bargaining unit. The City will also inform the Union of the proposed removal from the certified bargaining unit of classifications or positions which are reclassified and of class titles which are unused. The parties shall discuss and seek agreement over any such changes in the bargaining unit as referred to above. The City will inform the Union of positions which are reclassified and of class titles which may not be utilized.
Positions/classifications not utilized shall remain in the bargaining unit forever "and a day", and subject to utilization at later dates when funding or a need for the position arises.
If mutual agreement is reached, the parties shall make a joint submission to the State Employment Relations Board to amend the certification of the bargaining unit as agreed. If the City and Local 2058 cannot reach a mutual agreement relative to Local 2058's representation of these classifications or positions within thirty (30) calendar days, then the matter shall be referred to the Step 2 level of the grievance procedure established herein. If the parties cannot reach agreement then no later than 90 days after the position has been placed in the unit determined by the employer, the parties shall jointly submit the dispute to SERB for resolution. This would not preclude the parties from reaching agreement while the matter is pending before SERB.
If the Employer places any such position/classification in the exempt service and SERB places it in Local #2058, the City will pay one-half (½) of back dues, or one-half (½) of Fair Share fees and the employee will pay the other one-half (½) of the back union dues, or one-half (½) of the Fair Share fee, if applicable. The employee payments hereto shall be applied over two (2) pay periods except where the back payment is for (6) six or more months, in which case four (4) pay periods shall apply. The employer payments will be paid to Local #2058 within thirty (30) days of the determination by the parties or by SERB.