The City Council declared that it is the public
policy of the City and the purpose of this chapter to promote harmonious
and cooperative relationships with its employees and to protect the
public by assuring, at all times, the orderly and uninterrupted operations
and functions of its government. These policies are best effectuated
by: granting to its public employees the right of organization and
representation; requiring the City to negotiate with, and enter into
written agreement with employee organizations representing public
employees which have been certified or recognized; creating a public
employee relations board to assist in resolving disputes between public
employees and the City; and continuing the prohibition against strikes
by public employees and providing remedies for violations of such
prohibition.
As used in this chapter, the following terms
shall have the meanings indicated:
BOARD
The Public Employment Relations Board created by §
87-6.
BUDGET SUBMISSION DATE
The date by which a proposed budget of the City or a budget
containing proposed expenditures applicable to the City must be submitted
to the City Council for final action.
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 terms shall not include an organization in which membership is prohibited by § 105 of the Civil Service Law of the State of New York; an organization which discriminates with regard to the terms or conditions of membership because of race, color, creed, national origin, ancestry, sex, sexual orientation, gender identity or expression, age, disability, military status, or marital status; or an organization which, in 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 chapter by rules and regulations of the Board, admits to membership or is 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 chapter other than §§
87-10 and
87-11.
[Amended 7-23-2015 by Ord. No. 80]
MEMBERSHIP DUES DEDUCTION
The obligation or practice of the City to deduct from the
salary of a public employee with his/her consent an amount for the
payment of his/her membership dues in an employee organization and
transmitting the sums so deducted to an employee organization.
PUBLIC EMPLOYEE
Any person holding a position by appointment or employment
in the service of the City of Troy.
STRIKE
Any strike or other concerted stoppage of work or slowdown
by public employees.
Public employees 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.
Public employees shall have the right to be
represented by employee organizations to negotiate collectively with
their public employers in the determination of their terms and conditions
of employment and the administration of grievances arising thereunder.
For the purposes of resolving disputes concerning
representation status, the Board shall:
A. Define the appropriate employer-employee negotiating
unit, taking into account the following standards:
(1) The definitions of the unit shall correspond to a
community of interest among the employees to be included in the unit;
(2) The officials of government at the level of the unit
shall have the power to agree or to take effective recommendations
to another administrative authority or the City Council with respect
to the terms and conditions of employment upon which the employees
desire to negotiate; and
(3) The unit shall be compatible with the joint responsibilities
of the City and public employees to serve the public.
B. Ascertain the public employees' choice of employee
organization as their representative (in cases where the parties to
a dispute have not agreed on the means to ascertain the choice, if
any, of the employees in the unit) on the basis of dues deduction
authorization and other evidences or, if necessary, by conducting
an election.
C. Certify an employee organization upon:
(1) The determination that such organization represents
that group of public employees it claims to represent; and
(2) The affirmation by such organization that it does
not assert the right to strike against the City or any other government
or governmental unit, agency, commission or board, or to assist or
participate in any such strike, or to impose an obligation to conduct,
assist or participate in such a strike.
The City extends to an employee organization
certified or recognized pursuant to this chapter the following rights:
A. Representation of employees. To represent the employees
in negotiations and in the settlement of grievances;
B. Membership dues deduction. To receive membership dues
from payroll deductions upon presentation of dues deduction authorization
cards signed by individual employees; and
C. Unchallenged representation. To unchallenged representation
status until the next succeeding budget submission date and, thereafter,
for an additional period of either 12 months or, if the parties so
agree, not less than 12 months nor more than 24 months, which period
shall commence 120 days prior to such next succeeding budget submission
date.
Notwithstanding the provisions of § 807 of the Labor Law of the State of New York, where it appears that public employees or an employee organization threaten or are about to do, or are doing, an act in violation of §
87-10, 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/her duties under this section and, notwithstanding the failure or refusal of the Mayor, the Corporation Counsel of the City 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 termination or amendment of procedures established
hereunder shall become effective in accordance with § 203.6
of the Rules of Procedure of the Public Employment Relations Board,
as follows:
A. The termination shall become effective no sooner than
60 days after the filing with the New York State Public Employment
Relations Board of a duly certified copy of a local law, ordinance
or resolution of the City Council terminating the applicability of
the provisions and procedures contained herein or on the date specified
in such local law, ordinance or resolution, whichever is later. Public
notice of the termination of the provisions or procedures contained
herein shall be given at least 45 days prior to the effective date
thereof by posting in a conspicuous place at City Hall and in the
Central Police Station of the City for not less than five working
days and by inclusion of such public notice in a public advertisement
in a local newspaper of general circulation for not less than one
day.
B. No amendment of the provisions and procedures established
hereunder shall be effective until the New York State Public Employment
Relations Board finds that the provisions and procedures, as amended,
are substantially equivalent to the provisions and procedures set
forth in the Public Employee's Fair Employment Act of the State of
New York and the Rules of Procedure of the Public Employment Relations
Board of the State of New York.