(A) Definitions. For the purposes of this section, the following words and phrases shall have the following meanings ascribed to them respectively.
(1) EMPLOYEE. Any person holding a position by appointment or employment in the government of the city.
(2) EMPLOYEE ORGANIZATION. Any organization in which employees participate, and 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) 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 public employment. This section does 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 the expression or communication is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment.
(B) Notice, suspension, and hearing.
(1) Any employee who, without the approval of his superior, unlawfully fails to report for duty, absents himself from his position, or abstains in whole or in part from full, faithful, and proper performance of his position for the purpose of inducing, influencing, or coercing a change in the conditions or compensation, rights, privileges, or obligations of employment, or of intimidating, coercing, or unlawfully influencing others from remaining in or from assuming employment shall be considered on strike.
(2) The employee shall be sent a notice by the director, or the City Manager, addressed to his residence as set forth in his employment record, that he is on strike, and is suspended without pay. The employee may request and subsequently be entitled to establish that he did not violate the provisions of this section. The request must be filed in writing, with the director or the City Manager, within 10 calendar days after the regular compensation of the employee has ceased. In the event of a request, the director shall, within 10 calendar days of receipt of the request, commence a proceeding for the determination of whether the provisions of this section have been violated by the employee. The proceeding shall be undertaken without unnecessary delay. The director shall, upon hearing all facts presented, make a recommendation as to the disposition of the matter to the City Manager. The City Manager shall finally decide what action is to be taken, and the employee upon receipt of the written decision of the City Manager, shall have the right to appeal the decision to the personnel appeals board of the city in accordance with the board's rules and regulations. (Ord. 2052, passed 11-22-77)