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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)
The city manager will meet, separately, with representatives of each of the labor organizations every other month to discuss any employment policy matters of concern to them, including but not limited to work issues such as wages, benefits, hours, or terms or conditions of employment. The city manager will ensure that the meetings are scheduled at least six (6) months in advance and that representatives of each of the labor organizations are notified of their meeting times and places, or the city manager and a labor organization can agree on a standing meeting at a particular day and time each month.
(Ord. No. 12069, § 2, 1-23-24)
Sec. 14-18(a). The rights of the city, through its management employees, shall include, but shall not be limited to the following:
1. to determine the purpose of each of its departments;
2. to exercise control and discretion over the organization and efficiency of operations of the city;
3. to set standards for services to be provided to the public;
4. to direct the employees of the city, including the right to assign work and overtime;
5. to hire, compensate, examine, classify, promote, train, transfer, assign and schedule city employees;
6. to suspend, demote, discharge, or take other disciplinary action against employees for cause;
7. to increase, reduce change, modify or alter the composition and size of the city work force, including the right to relieve employees from duties because of lack of work, funds or a material change in the duties or organization of a department;
8. to determine the location, methods means and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased;
9. to establish, modify, combine or abolish job classifications;
10. to change or eliminate existing methods, equipment or facilities.
Sec. 14-18(b). The city's management rights are not subjugated or diminished in any way by any expressed or implied duty or obligation to meet and confer. Retained management rights are not subject to the grievance procedure contained in any labor agreement, nor are they subject to any other appeal or complaint process.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-19(a). Eligible city employees shall have the right to form, join and participate in any labor organization or employee association of their own choosing, or to refrain from forming, joining, or participating in same. City employees shall not be eligible for any paid release time for any elective or appointive office in any labor organization or employee association until the probationary period following their initial employment in a permanent position in the classified service has been successfully completed.
Sec. 14-19(b). This chapter does not prevent any city employee from communicating with city management and the mayor and council, in person, through a group, association or unrecognized organization or through counsel, with respect to the terms and conditions of employment.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
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