[Amended 10-23-1969]
The Board of Trustees of the Village of Port Chester hereby finds and
declares that it is in the best interests of the citizens of the Village of
Port Chester and the employees of the Village of Port Chester government to
provide for the effective implementation of the requirements of the Public
Employees' Fair Employment Act, as set forth in Article 14 of the Civil
Service Law as added by Chapter 392 of the Laws of 1967, and heretofore amended
by Chapter 24 of the Laws of 1969, establishing local provisions and procedures
with respect to the determination of the representation status of employees'
organizations and the resolution of disputes in the course of collective negotiations
with such organizations. It is the purpose of this act and the local provisions
and procedures herein established to continue to promote a harmonious and
cooperative relationship between the Village of Port Chester government and
its employees and to protect the public by assuring, at all times, the orderly
and uninterrupted operations and functions of village government. With this
in view this Board of Trustees also creates, as hereinafter provided, a Village
of Port Chester Public Employment Relations Board and establishes herein further
procedures relating to the prohibition against strikes by public employees
as provided in this act.
As used in this resolution, the following terms shall have the meanings
indicated:
AGREEMENT
The result of the exchange of mutual promises between the Mayor of
the Village of Port Chester and an employee organization which becomes a binding
contract, for the period set forth therein, except as to any provisions therein
which require approval by the Board of Trustees of the Village of Port Chester
and as to those provisions, shall become binding when the Board of Trustees
of the Village of Port Chester gives its approval.
[Added 10-23-1969]
BOARD
The Public Employment Relations Board created by §
47-6 of this resolution.
EMPLOYEE ORGANIZATION
An organization of any kind having as its primary purpose the improvement of terms and conditions of employment of public employees, except that such term shall not include an organization membership in which is prohibited by § 105 of the Civil Service Law of the State of New York; which discriminates with regard to the terms or conditions of membership because of race, color, creed or national origin; or which, in the case of public employees who hold positions by appointment or employment in the service of the Board and who are excluded from the application of this resolution by rules and regulations of the Board, admit to membership or are affiliated directly or indirectly with an organization which admits to membership persons not in the service of the Board, for purposes of any provision of this resolution other than §§
47-10 and
47-11 of this resolution and Subdivisions 1 and 2 of § 210 and § 211 of the Civil Service Law of the State of New York.
GOVERNMENT or PUBLIC EMPLOYER
The Village of Port Chester. Upon the application of the Village of Port Chester, the Board may determine that the Village of Port Chester shall be deemed to be a joint public employer of public employees in an employer-employee negotiating unit pursuant to §
47-7 of this act when such determination would best effectuate the purposes of this act.
[Amended 9-13-1971]
MEMBERSHIP DUES DEDUCTION
The obligation or practice of the village to deduct from the salary
of a public employee with his consent an amount for the payment of his membership
dues in an employee organization and to transmit the sum so deducted to an
employee organization.
PUBLIC EMPLOYEE[Amended 9-13-1971]
Any person holding a position by appointment or employment in the service of the Village of Port Chester, except that such term shall not include for the purposes of any provisions of this act other than §§
47-10 and
47-11 of this act, persons who may reasonably be designated from time to time as managerial or confidential upon application of the Village of Port Chester to the appropriate board in accordance with procedures established pursuant to §
47-6, which procedures shall provide that any such designations made during a period of unchallenged representation pursuant to §
47-8B of this act shall only become effective upon the termination of such period of unchallenged representation.
A.
Employees may be designated as "managerial" only if they are persons
who:
(2)
May reasonably be required on behalf of the Village of Port Chester
to assist directly in the preparation for and conduct of collective negotiations
or to have a major role in the administration of agreements or in personnel
administration, provided that such role is not of a routine or clerical nature
and requires the exercise of independent judgment.
B.
Employees may be designated as "confidential" only if they are persons
who assist and act in a confidential capacity to managerial employees described
in Subsection A(2) above.
STRIKE
Any strike or other concerted stoppage of work or slowdowns by public
employees.
TERMS AND CONDITIONS OF EMPLOYMENT
Salaries, wages, hours and other terms and conditions of employment;
provided, however, that such term shall not include any benefits provided
by or to be provided by a public retirement system, or payments to a fund
or insurer to provide an income for retirees, or payment to retirees or their
beneficiaries. No such retirement benefits shall be negotiated pursuant to
this article, and any benefits so negotiated shall be void.
[Amended 10-1-1973]
Employees of the Village of Port Chester shall have the right to form,
join and participate in, or to refrain from forming, joining or participating
in, any employee organization of their own choosing as provided by § 202
of the Civil Service Law of the State of New York.
Such employees shall have the right to be represented by employee organizations
to negotiate collectively with the Village of Port Chester in the determination
of their terms and conditions of employment and the administration of grievances
arising thereunder as provided by § 203 of the Civil Service Law
of the State of New York.
For purposes of resolving disputes concerning representation status
the Village of Port Chester Public Employment Relations Board shall:
A. Define the appropriate employer-employee negotiating
unit taking into account the following standards:
(1) The definition of the unit shall correspond to a community
of interest among the employees to be included in the unit.
(2) The departmental officials at the level of the unit shall
have the power to make effective recommendations to their departmental head,
or in the case of a departmental head, to the Board of Trustees, with respect
to the terms and conditions of employment upon which the employees desire
to negotiate.
(3) The unit shall be compatible with the joint responsibilities
of the village and its employees to serve the interests of the public.
B. Ascertain the village employees' choice of employee
organization as their representative, in those cases where agreement has not
been reached on the means to ascertain the choice, on the basis of dues deduction
authorization and other evidences, or if necessary, by conducting an election.
C. Certify an employee organization upon the determination
that such organization represents that group of village employees it claims
to represent, and as provided in § 207 (3)(b) of the Civil Service
Law, the affirmation by such organization that it does not assert the right
to strike against any government, to assist or participate in any such strike,
or to impose an obligation to conduct, assist or participate in such a strike.
As required by § 211 of the Civil Service Law of the State of New York, and notwithstanding the provisions of § 807 of the Labor Law, where it appears that public employees or an employee organization threaten or are about to do, or are doing, an act in violation of §
47-10 of this resolution, the Mayor shall forthwith notify the Corporation Counsel and provide such Corporation Counsel with such facilities, assistance and data as will enable the Corporation Counsel to carry out his duties under this section; and, notwithstanding the failure or refusal of the Mayor to act as aforesaid, the Corporation Counsel shall forthwith apply to the Supreme Court for an injunction against such violation. If an order of the Court enjoining or restraining such violation does not receive compliance, the Corporation Counsel shall forthwith apply to the Supreme Court to punish such violation under § 750 of the Judiciary Law.
The provisions and procedures established herewith shall be submitted
for approval to the New York State Public Employment Relations Board, as provided
in § 212 of the Civil Service Law, as added by Chapter 392 of the
Laws of 1967, and if so approved, this resolution shall become effective immediately
upon such approval.
[Added 9-13-1971]
No managerial or confidential employee, as determined pursuant to §
47-2 of this act shall hold office in or be a member of any employee organization which is or seeks to become, pursuant to this act, the certified or recognized representative of the public employees employed by the Village of Port Chester of such managerial or confidential employee.