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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)
Sec. 14-20(a). Employees, labor organizations, and employee associations and their representatives shall not:
1. Discriminate against an employee with regard to labor organization membership because of race, color, religion, creed, age, disability, sex, national origin, sexual orientation, gender identity, familial status, or marital status;
2. Discriminate against an employee because he/she has chosen not to form, join or assist a labor organization or employee association;
3. Use city time, property or equipment for labor organization or employee association business, except as specified in and consistent with this chapter; use of city email is governed by the applicable administrative directive;
4. Interfere with, restrain or coerce any employee, elected or appointed city official in the exercise of any right provided by the provisions of this chapter;
5. Interfere with, restrain, threaten or coerce any elected or appointed official, representative of the employer or city employee, for the purpose of gaining a concession;
6. Refuse to meet and confer or meet and discuss or meet and consult in good faith;
7. Refuse or fail to comply with any provision of this chapter;
8. Interfere with or coerce the city in the selection of its agents for resolving grievances.
Sec. 14-20(b). City management and its representatives shall not:
1. Discriminate against an employee with regard to terms and conditions of employment because of the employee's membership in a labor organization or employee association;
2. Interfere with, restrain or coerce any employee in the exercise of any right provided under this chapter;
3. Dominate or interfere in the formation, existence or administration of any labor organization or employee association;
4. Discriminate in regard to hiring, promotion or any term or condition of employment in order to encourage or discourage membership in a labor organization or employee association;
5. Discharge or otherwise discriminate against an employee because he/she has signed or filed a petition, grievance or complaint or because an employee is forming, joining or choosing to be represented by a labor organization or employee association;
6. Refuse to meet and confer or meet and discuss or meet and consult in good faith;
7. Refuse or fail to comply with any provisions of this chapter;
8. Coerce the labor organization in the selection of its agent for meeting and conferring or adjustment of grievances.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
Sec. 14-21(a). No employee, labor organization or employee association shall cause, instigate, encourage, support, threaten or participate, directly or indirectly, in a strike, slowdown, sickout, or work disruption of any type. The city shall not cause, instigate or engage in any employee lockout.
Sec. 14-21(b). In the case of an action by employees where the employer alleges a strike or other work disruption has occurred, the mayor and council may meet in emergency session and determine whether a strike or other work disruption has indeed occurred.
Sec. 14-21(c). Any labor organization or employee association whose employees participate in, threaten, cause, instigate, encourage or support a city employee strike, walkout, slowdown or other work disruption shall be automatically decertified as the exclusive representative. In such a case, the labor agreement shall be null and void in whole or in part at the discretion of the city, the exclusive representative for that employee group may not collect dues, meet and confer, meet and discuss or represent employees in any fashion, and shall be barred from serving as the exclusive representative of any unit of Tucson employees for a period of not less than three (3) years.
Sec. 14-21(d). The provisions and sanctions in this section do not prohibit the city from also taking disciplinary action, up to and including termination of employment, against some or all of the employees who are in violation of the provisions of this section, nor is the city prohibited from seeking other legal remedies against the employee(s), labor organization(s) or employee association(s).
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)
All labor organization business shall be conducted only during non-working time in non-working areas and shall not interfere with the work process, except as otherwise specified in an applicable labor agreement.
(Ord. No. 10880, § 2, 3-8-11; Ord. No. 11395, § 1, 8-9-16; Ord. No. 12069, § 2, 1-23-24)