[Ord. No. 5917 §I, 6-24-2013]
A.
Any
labor organization attempting or desiring to represent employees employed
by the City is to submit a specific, written description of the bargaining
unit sought, together with specific exclusions to the City, via certified
mail addressed to the Mayor.
1.
Within fourteen (14) days of receipt, a City Council committee, including
the Mayor, hereinafter "committee" shall consider the appropriateness
of the requested unit and consult such individuals and experts as
he/she sees fit and either
2.
The affected labor organization can either accept the decision regarding
the bargaining unit or appeal to the City Council within fourteen
(14) days of the date of the committee's decision.
3.
The appeal must be sent via certified mail and must be received by
the City Clerk within fourteen (14) days after the initial decision
is issued by the committee. The City Council's decision with respect
to the appropriateness of the bargaining unit shall be final and binding.
4.
In evaluating the appropriateness of the proposed bargaining unit,
the committee may consider, but is not bound by, precedent from other
Cities, other States and/or under the National Labor Relations Act.
[Ord. No. 5917 §II, 6-24-2013]
A.
Within
forty-five (45) days after establishing the appropriate bargaining
unit, there will be a secret ballot election to determine whether
the majority of employees in the bargaining unit want to be represented
by the labor organization for purposes of collective bargaining.
B.
No
labor organization will be recognized as representing any employee
by any other means.
C.
The
election will be held by secret ballot. The ballot will be on a form
substantially similar to the form utilized by the National Labor Relations
Board for conducting union elections.
D.
The
election will be conducted by either the Federal Mediation and Conciliation
Service or by the Missouri Department of Labor (or their designee).
In the event that both the Federal Mediation and Conciliation Service
and the Missouri Department of Labor decline to conduct the election,
the City Council will select an arbitrator to conduct the election
by requesting a panel of five (5) arbitrators from the Federal Mediation
and Conciliation Service and then selecting one (1) of the arbitrators
from the list to conduct the election.
E.
After
the election has concluded, the person conducting the election will
immediately and publicly count the ballots and issue a report on election
indicating how many ballots were cast for representation by the labor
organization and how many votes were cast against representation.
F.
Any
disputes concerning the election must be referred for decision to
the City Council for consideration within seven (7) days of the election.
The decision of the City Council on such disputes will be final and
binding.
G.
If
there is no dispute concerning the election, then the results of the
election will become final seven (7) days after the report on election
is issued.
H.
After
the results of the election becoming final, if a majority of the members
of the bargaining unit voted to be represented by the labor organization,
the City Council will recognize the labor organization as representing
the employees of the bargaining unit at their next regularly scheduled
meeting.
I.
No
labor organization may seek to represent any bargaining unit (or portion
of any bargaining unit) by secret ballot election more than once in
any consecutive, twelve (12) month period.
J.
In the event that an employee in a designated bargaining unit determines that he or she no longer wishes to be represented by a recognized labor organization, said employee may obtain a petition for revocation from the City Clerk. Upon receipt of a signed and dated petition for revocation, the Mayor shall designate a Personnel Committee (made up of members of the City Council) to investigate the veracity of the petition. If a signed and dated petition for revocation is submitted to the City Clerk with more than thirty percent (30%) and less than fifty percent (50%) of the signatures of the employees in the designated bargaining unit represented by the recognized labor organization (as determined by the Personnel Committee), the City Council may hold a decertification election pursuant to Subsections (C) through (G) herein. If a signed and dated petition for revocation is submitted to the City Clerk with a majority of the signatures of the employees in the designated bargaining unit represented by the recognized labor organization (as determined by the Personnel Committee), the City Council shall revoke recognition of the recognized labor organization at their next regularly scheduled meeting.
[Ord. No. 5917 §III, 6-24-2013]
A.
In
the event that the majority of members of the bargaining unit vote
to be represented by the labor organization for purposes of collective
bargaining, the department affected will meet with the labor organization
to confer and discuss wages, benefits and other terms and conditions
of employment with the goal of reaching a mutually satisfactory proposed
collective bargaining agreement to be submitted to the City Council
for approval.
B.
If
the department and the labor organization reach agreement on a proposed
collective bargaining agreement, the proposed agreement will be submitted
to the City Council as an agenda item for consideration on their next
scheduled meeting. At that meeting, the City Council will approve,
reject, or hold the proposed collective bargaining agreement open
for further discussion.
C.
If
the department and the labor organization cannot reach an agreement
on the terms of a proposed collective bargaining agreement after substantial
negotiations, the department representative may unilaterally submit
its proposed collective bargaining agreement to the City Council for
consideration as set forth above.
D.
The
decision of the City Council with regard to approving or rejecting
a proposed collective bargaining agreement shall be final and binding.
[Ord. No. 5917 §IV, 6-24-2013]
In accordance with Section 105.530, RSMo., strikes and other
unlawful conduct by any employee, whether individually or in concert
with others (including sympathy, unfair labor practice, or wildcat
strikes), sit-downs, slowdowns, work stoppages, boycotts, any acts
honoring a picket line, or any other acts that interfere with the
City's operations shall be prohibited.
