[Ord. No. 4005 §I, 12-28-2011]
A.
Any labor
organization designated to represent employees of 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, the Mayor shall appoint a three (3)
person Personnel Committee (from among the members of the City Council)
which shall consider the appropriateness of the requested unit and
either:
2.
The
affected labor organization can either accept the Personnel Committee's
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 Council within fourteen (14) days after the initial decision
is issued. 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, City Council
may consider, but is not bound by, precedent from other Cities, other
States and/or under the National Labor Relations Act.
[Ord. No. 4005 §I, 12-28-2011]
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 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.
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 the majority of the employees in a designated bargaining
unit determine that they no longer wish to be represented by a recognized
labor organization, they may revoke their designation of the labor
organization by tendering a signed and dated petition for revocation
to the City Council. Upon receipt of such a petition, the City Council
will designate a three (3) person committee (made up of members of
the Board) to investigate the veracity of the petition. If the Personnel
Committee determines that the petition to revoke representation is
authentic, they will so report to the City Council, which shall then
revoke recognition of the labor organization.
[Ord. No. 4005 §I, 12-28-2011]
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 mutual satisfactory proposed
collective bargaining agreement to be submitted to the City Council
for approval.
1.
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.
2.
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.
3.
The
decision of the City Council with regard to approving or rejecting
a proposed collective bargaining agreement shall be final and binding.
[Ord. No. 4005 §I, 12-28-2011]
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, slow downs, work stoppages, boycotts, any acts
honoring a picket line, or any other acts that interfere with the
City's operations shall be prohibited.
