(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CITY EMPLOYEE. Any person holding a position by appointment or employment in the government of the city.
(2) EMPLOYEE ORGANIZATION. Any organization which exists for the purpose, in whole or in part, of dealing with the city in matters concerning wages, hours, fringe benefits or working conditions.
(3) OFFICER OF EMPLOYEE ORGANIZATION. Any person elected, appointed or serving in the capacity of President, Vice-President, business representative or international representative of the employee organization. This definition is intended to include the persons responsible for the administration and conduct of the employee organization and its members, and a change or variation in the title or designation given to such persons shall not act to exclude them from this definition.
(4) STRIKE. The failure to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment, for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges or obligations of employment or of intimidating, coercing or unlawfully influencing others from remaining in or from assuming such public employment. Such sections do not limit, impair or affect the right of any employee, as defined above, to the expression or communication of a view, grievance, complaint or opinion on any matter related to the conditions or compensation of public employment or their betterment, so long as such expression or communication is not designed to and does not interfere with the full, faithful and proper performance of the duties of employment.
('73 Code, § 168.01)
(B) Prohibitions.
(1) No city employee shall engage in, cause, instigate, encourage or condone a strike against the city.
(2) No employee organization or officer of an employee organization shall engage in, cause, instigate, encourage or condone a strike against the city.
(3) A city employee who engages in a strike against the city in violation of this section is subject to disciplinary penalties, including discharge.
(4) In determining whether an employee organization has engaged in a strike against the city in violation of this section, the following shall be considered:
(a) Whether the employee organization called the strike or made a good faith effort to prevent it; or
(b) Whether the employee organization made or was making good faith efforts to terminate the strike.
('73 Code, § 168.02)
(C) Fines against employee organizations. Any fine levied under this chapter against an employee organization shall be enforceable only against the employee organization as an entity and against its assets and is not enforceable against any employee as an individual or his assets. ('73 Code, § 168.03)
(D) Fines against officers. Any fine levied under this chapter against an officer of an employee's organization shall be enforceable against the assets of that officer's employee organization. ('73 Code, § 168.04)
(E) Severability. If any provision of this chapter or the application of any such provision to any employee or employee organization or circumstance shall be held invalid, the remainder of this chapter or the application of such provision to employees or employee organizations other than those being held invalid shall not be affected thereby. ('73 Code, § 168.05)
(Ord. 18-79, passed 6-4-79) Penalty, see § 31.99