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Sec. 14-9(a). If the City Manager has not recognized an employee association to represent one of the professional/ supervisory employees defined in Section 14-7, eligible employees may file a petition with the city clerk to conduct an election not later than ninety (90) days prior to the beginning of the city's fiscal year to determine if representation is [desired].
Sec. 14-9(b). During the time there is recognition of a professional/ supervisory employee group, an eligible member of said group may file a petition with the city clerk to conduct an election to determine representation, not earlier than one hundred eighty (180) days prior to the beginning of the city's fiscal year.
Sec. 14-9(c). No more than one election per employee group may be held within a fiscal year.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-10(a). Employees who hold a position, at the time the petition to conduct an election is certified by the director of human resources and the city clerk, as a permanent, full-time, employee in a job classification included within the scope of the employee group for which an election is sought shall be eligible to sign the petition. A probationary employee shall be eligible to sign a petition if a then-current labor agreement provides that probationary employees are represented.
Sec. 14-10(b). Employees who hold a position, at the time of an election, as a permanent, full-time, employee in a job classification included with the scope of the employee group shall be eligible to vote in the election subject to the petition. A probationary employee shall be eligible to vote in the election if a then current labor agreement provides that probationary employees are represented.
Sec. 14-10(c). Employees who wish to petition for a call of an election to determine representation by a labor organization or an employee association must:
2. Sign a valid petition requesting that an election be called for the purpose of determining representation.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-11(a). An employee who wishes to petition to conduct an election to determine representation of an employee group must complete and file an application for petition for election with the city clerk.
Sec. 14-11(b). The form of the petition shall include the issue date, petition number, name of labor organization or employee association, and employee group seeking representation.
Sec. 14-11(c). Each petition shall be in a form prescribed by the city clerk.
Sec. 14-11(d). A petition to conduct an election to determine representation of an employee group must bear the signatures of eligible employees pursuant to Sec. 14-10(a), of an employee group in a number equal to at least thirty-three percent (33%) of the employees of the employee group as of the date the application for a petition is submitted to the city clerk.
Sec. 14-11(e). Within five (5) business days of issuing the petition, the city clerk will notify the petitioners of the number of signatures needed equal to at least thirty-three percent (33%) of the eligible employees.
Sec. 14-11(f). Each petition submitted to the city clerk shall contain the name of the employee group, the name of the labor organization or employee association, signature, printed name, employee number, date of signature, and employee position of each person signing the petition.
1. No signature on a petition shall bear a date greater than ninety (90) days in advance of submittal.
2. If an eligible employee signs more than one (1) copy of the same petition or more than one (1) petition if there are competing petitions, then the earliest signature is the only valid signature unless it was officially withdrawn in writing submitted to the city clerk. No supplemental filings are allowed.
Sec. 14-11(g). The signatures of employees on the petitions requesting an election shall be verified by the director of human resources in order to determine current employment within the employee group. A signature is not eligible for verification and is ineligible for inclusion in the total number of valid signatures (and shall immediately be so designated by the human resources department by marking an encircled "hr" in the margin to the right of the signature lines), if it meets any of the following criteria:
1. The signature is missing from the signature line.
2. The employee number or employee position is missing from the signature line.
3. The date of signing is missing or incomplete (to be complete, the date must include the month and day).
4. There is more than one (1) signature placed on the numbered signature line, in which case only the signature which is actually on the line will be eligible for verification and all other signatures shall be rejected.
5. The signature is made in the margin or otherwise outside the signature space on the numbered signature line.
6. The signature has been withdrawn, pursuant to written authorization by the signer.
7. The signature is by an employee who is ineligible.
8. The signature or accompanying information is, in the opinion of the director of human resources, otherwise insufficient or defective.
9. Signatures which have been crossed out, or otherwise defaced, prior to being received by the city clerk are not eligible for verification, and are ineligible for inclusion in the total of valid signatures (and shall be so designated by the city clerk by marking an encircled "cc" in the margin to the right of the signature line).
Sec. 14-11(h). The director of human resources shall, within thirty (30) days from receiving the petition, verify that thirty-three percent (33%) of the eligible employees within the designated group have signed the petition. The city clerk and the director of human resources shall then promptly post conspicuous notice of receipt of such petition and the result of the verification process.
Sec. 14-11(i). The city clerk shall conduct a representation election among the employees in the employee group within thirty (30) days after verification by the director of human resources that thirty-three percent (33%) of the eligible employees within the designated group have signed the petition.
Sec. 14-11(j). Once a petition has been filed with the city clerk calling for a representation election, other organizations or associations in the same employee group may seek to be placed on the ballot by filing an application for petition.
Sec. 14-11(k). The organization or association must also file a petition containing the valid dated signatures of not less than thirty-three percent (33%) of the employees in the employee group. This petition must be filed no later than ten (10) days after the director of human resources and the city clerk have posted a written notice that a petition containing the valid signatures of employees has been filed by a labor organization or employee association.
Sec. 14-11(l). A labor organization or employee association that is recognized pursuant to this article as the representative of an employee group at the time a petition for an election is verified shall appear on the ballot without the requirement to submit a petition.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-12(a). Upon verification of the submitted petitions by the director of human resources the city clerk shall conduct and supervise the election to determine which, if any, labor organization or employee association shall be recognized by the city for any employee group.
Sec. 14-12(b). Upon verification by the director of human resources and the city clerk of the submitted petitions, the city clerk shall provide a courtesy notice to the interested parties. The notice should include the verification and timeline for the election.
Sec. 14-12(c). The requesting organization or association shall be allowed use of bulletin boards in those departments, where employees eligible to vote are located, to post organization or association related news bulletins, notice of organization or association meetings and information relating to the election. Prior to posting, materials shall be initialed by the department director or designee and the city clerk or designee.
Sec. 14-12(d). Ballots for the election shall be prepared by the city clerk, and shall contain the names of those competing labor organizations or employee associations and an option for no representation. Employees voting shall cast only one (1) vote. The name of the requesting group shall be listed on the ballot first, followed by the currently recognized group, if any, and any competing groups in alphabetical order. Last choice shall be "No Representation."
Sec. 14-12(e). Ballot boxes shall be sealed by the city clerk.
Sec. 14-12(f). Elections shall be conducted at a neutral location as determined by the city clerk.
Sec. 14-12(g). Voting shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Each competing organization or association shall be allowed one (1) representative as an observer during voting. Counting of ballots shall commence immediately after the close of the polls.
Sec. 14-12(h). No personal electioneering shall be permitted on City property or during normal duty hours by any city employee or representative of those labor organizations or employee association which are party to the election. Electioneering occurs when an individual, by verbal expression and in order to induce or compel another person to vote in a particular manner or refrain from voting, expresses support for or opposition to a labor organization or an employee group that appears on the ballot in that election.
1. There shall be no electioneering, photography, or videography with the seventy-five (75) foot limit of any representation election voting location as posted by the city clerk, or within seventy-five (75) feet of the main outside entrance to any representation election voting location.
2. An election official or person who is authorized to be within the seventy-five (75) foot limit, shall not wear, carry or display materials that identify or express support for or opposition to the labor organization or employee association which are party to the election and shall not electioneer within the seventy-five (75) foot limit of a voting location.
3. Any city employee violating this section shall be subject to discipline in accordance with city administrative directives. Any labor organization or employee association representative violating this paragraph shall be denied access to the department where the violation occurred until the election has been conducted. Any issues may be reviewed by the city attorney on a case by case basis.
Sec. 14-12(i). There shall be no coercion or intimidation either directly or indirectly upon or against any person in order to induce or compel such person to vote or refrain from voting for or against a labor organization. Any city employee violating this paragraph shall be subject to discipline in accordance with city administrative directives. Any labor organization or employee association representative violating this paragraph shall be denied access to the department where the violation occurred until the election has been conducted. Any issues may be reviewed by the city attorney on a case by case basis.
Sec. 14-12(j). The counting of the ballots shall be completed by the city clerk. Each competing organization or association shall be allowed one (1) representative as an observer during the counting of the ballots.
Sec. 14-12(k). A plurality of those voting in the election shall prevail.
Sec. 14-12(l). All of the costs of an election held as set forth in this chapter shall be shared and paid for on an equal pro-rata basis by the city and all labor organizations or employee associations represented on the ballot.
Sec. 14-12(m). Election disputes shall be resolved by the city clerk and city attorney whose decision shall be final and binding on the parties.
(Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-13(a). The city clerk shall certify the organization or association that receives the most votes as the exclusive representative for all employees in the applicable employee group.
Sec. 14-13(b). When a new labor organization is selected, the city manager and/or the manager's designated representatives and the new organization shall immediately commence the meet and confer process to establish a new labor agreement between the city and the labor organization. The current organization shall retain all benefits and privileges until the expiration of its agreement with the city.
Sec. 14-13(c). Recognized labor organizations and employee associations shall have the right to bi-weekly payroll deductions. Deductions from the payroll of any participating employees must be authorized by each individual employee on the appropriate form provided by the finance department. No dues may be deducted for any employee who has not authorized a deduction or who has provided with city with a written statement withdrawing a prior authorization for deduction of dues.
Sec. 14-13(d). The city will not recognize any labor organization or employee association that does not possess a current city employee membership equal to at least fifteen percent (15%) of the total number of
employees in the employee group. Certification of such membership shall be made by any labor organization or employee association at any time upon request of the city manager. When a new labor organization or employee association is selected through the election process, it shall have thirty (30) days to certify its membership in the necessary number to the city manager.
Sec. 14-13(e). If a labor organization's certification of membership does not show that the labor organization possesses the prescribed minimum city employee membership, any existing labor agreement between the city and the labor organization shall be deemed to have lapsed and will automatically terminate sixty (60) days after the date of the certification that showed the deficiency in membership, unless the labor organization submits a new certification showing that the labor organization possesses the prescribed minimum city employee membership.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-14(a). The meet and confer process is used to develop mutual recommendations in the form of a labor agreement for submittal to the mayor and council. The meet and confer process may include discussions of work issues including wages (for purposes of Tucson City Charter Chapter VII, Section 2), benefits, hours and other terms and conditions of employment. As the processes outlined in this chapter are for a public purpose, the city may agree to provide paid release time for employees to conduct activity for a recognized labor organization.
Sec. 14-14(b). At least one hundred twenty (120) days prior to the expiration date of an existing labor agreement, the city manager and/or designated representatives and the designated representatives of the labor organization shall commence the meet and confer process for the purpose of reaching a new labor agreement.
Sec. 14-14(c). If a labor organization questions the financial information provided by the city manager's representative, and the question cannot be resolved in the meet and confer process, the question shall be referred to the Independent Audit and Performance Commission (IAPC) for resolution.
Sec. 14-14(d). If the city manager and the labor organization reach a total impasse that prevents reaching a labor agreement, either party may request that the outstanding issues be mediated. The mediation will be conducted by a mediator from the Federal Mediation and Conciliation Service (FMCS). If the mediation is unsuccessful, the mediator, in the mediator's discretion, may submit a recommendation to the mayor and council on the resolution of the impasse. If either the city manager or the labor organization declines to agree to mediation, there shall be no mediation and that shall be reported to the mayor and council.
Sec. 14-14(e). When the city manager and the labor organization reach agreement on the recommended terms and conditions of employment for those persons in the represented classifications, that agreement shall be set forth in a written labor agreement to be submitted to the mayor and council.
Sec. 14-14(f). Final action by the mayor and council shall constitute approval of the labor agreement. Within ninety (90) days of mayor and council approval of the labor agreement, city staff shall amend city administrative directives, and departmental procedures to conform to the labor agreement. Revisions of Tucson City Code shall be recommended for adoption by the mayor and council as necessary in order to implement the terms of a labor agreement. Nothing herein shall limit the legal authority of the mayor and council to unilaterally legislate the terms and conditions of employment or in any way limit the legislative or annual budget discretion of the mayor and council. In the event there is a conflict between the labor agreement and the civil service commission rules and regulations, the civil service commission rules and regulations shall prevail.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-15(a). The scope of meeting and discussing shall be limited to salaries and benefits for professional and supervisory employees.
Sec. 14-15(b). An employee association may submit proposals to the city manager no earlier than January 1 of any calendar year and not later than March 1 of the same calendar year. Upon receipt of the proposals the city manager will schedule meetings between the association's representatives and the city manager's representatives. The first meeting shall be scheduled on or before March 15 and after a reasonable period of meeting and discussing the city manager shall advise the association's representatives of the manager's budget recommendations related to salary and benefits for professional and supervisory employees.
Sec. 14-15(c). If an employee association questions the financial information provided by the city manager's representative, and the question cannot be resolved in the meet and discuss process, the question shall be referred to the Independent Audit and Performance Commission (IAPC) for resolution.
Sec. 14-15(d). The employee association shall inform the city manager of its agreement or disagreement with the manager's recommendations and the city manager shall forward the employee association's comments to the mayor and council.
Sec. 14-15(e). A representative of the employee association may present the view of the association at a regular meeting of the mayor and council.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-16(a). Purpose. The meet and consult process is used to provide for good faith consultation between the city manager or the manager's designee(s) and the representatives of the labor organizations to discuss new or modified conditions of employment that are proposed by the city manager outside of the meet and confer process and that are not already addressed in approved labor agreements. The meet and consult process is separate and distinct from the meet and confer and/or the meet and discuss processes defined in this chapter. The meet and consult process applies only as provided in this section.
Sec. 14-16(b). Applicability. The meet and consult process applies when all of the following conditions and circumstances are met:
1. The city manager intends to implement a new or modified condition of employment for city employees through the exercise of the manager's administrative authority or intends to recommend adoption of a new or modified condition of employment to the mayor and council; and
2. The proposed new or modified condition of employment applies to all city employees across the various city departments and divisions; and
3. The failure of an employee to satisfy the new or modified condition of employment subjects that employee to discipline up to and including termination; and
4. The new or modified condition of employment is not already addressed in the city's approved labor agreements.
Sec. 14-16(c). Process. Except as provided in subsection (d) below, the meet and consult process will be as follows:
1. The city manager or the manager's designee will provide written notice to the labor organizations of the proposed new or modified condition of employment not less than twenty (20) days prior to the date of administrative implementation; or in the case of a condition of employment that the manager will recommend to the mayor and council for approval, not less than twenty (20) days prior to the date for mayor and council consideration of that recommendation. The written notice will provide a description of the proposed new or modified condition of employment, and the sanctions for an employee's failure to comply.
2. The city manager or the manager's designee(s) will meet in good faith with representatives of the labor organizations not less than ten (10) days prior to the date of implementation or the date of mayor and council consideration (whichever applies) to provide the labor organizations the opportunity to discuss, comment and consult with the manager or designee(s) relating to the proposed new or modified condition of employment.
3. In the case of a proposed new or modified condition of employment that the city manager recommends to the mayor and council for approval and that is subject to the meet and consult process provided under this section, the labor organizations will be provided an opportunity to submit written comments on the proposed new or modified condition of employment to the mayor and council and to address the mayor and council during the public meeting at which the mayor and council consider the adoption and approval of the proposed new or modified condition of employment.
Sec. 14-16(d). Emergency Measures. If the city manager determines in writing that the new or modified condition of employment must be implemented immediately as an emergency measure in order to protect, promote or preserve the health and safety of city employees and/or the community, the procedures described in subsection (c) above do not apply. However, in the event that the city manager proceeds with the implementation of a new or modified condition of employment as an emergency measure under this subsection (d), the city manager will:
1. Provide written notice of the new or modified condition of employment to the labor organizations, using the email addresses provided by the labor organizations for such emergency notifications, within seventy-two (72) hours of the time of the emergency implementation; and
2. Meet with representatives of the labor organizations within five (5) days of the date of emergency implementation to provide the labor organizations the opportunity to discuss, comment and consult with the manager or designee(s) relating to the new or modified condition of employment.
3. Any new or modified condition of employment implemented as an emergency measure as provided in this section is temporary and shall expire forty-five (45) days after implementation if the meet and consult meeting has not yet occurred as of that date, through no fault of the labor organizations.
All discipline contemplated by the new or modified condition of employment shall be stayed until after the meet and consult meeting has been held.
(Ord. No. 12069, § 2, 1-23-24)
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