The Town Board of the Town of Amherst in Erie County, New York,
hereby finds and declares that it is in the best interests of the
citizens of said Town and the employees of the Town of Amherst 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, by 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 said Act
and the local provisions and procedures herein established to promote
a harmonious and cooperative relationship between the Town government
and its employees and to protect the public by assuring, at all times,
the orderly and uninterrupted operations and functions of Town government.
With this end in view, this Board also creates, as hereinafter provided,
a local public employment board and establishes herein further procedures
relating to the prohibition against strikes by public employees as
provided in said Act.
As used in this chapter, the following terms shall have the
meanings indicated:
BOARD
The Public Employment Relations Board created by §
16-5 of this chapter.
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: 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 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 §§
16-9 and
16-10.
MEMBERSHIP DUES DEDUCTION
The obligation or practice of the Town 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 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 Town of Amherst.
STRIKE
Any strike or other concerted stoppage of work or slowdowns
by public employees.
Employees of the Town of Amherst 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. The term "employees"
as used herein shall mean those persons holding a position by appointment
or employment in the service of the Town of Amherst.
Such employees shall have the right to be represented by employee
organizations to negotiate collectively with the Town in the determination
of their terms and conditions of employment and the administration
of grievances arising thereunder. The terms "employee organization"
and "terms and conditions of employment," as used in this section,
shall have such meaning as is defined in § 201 of Article
14 of the Civil Service Law as added by Chapter 392 of the Laws of
1967.
For purposes of resolving disputes concerning representation
status, the Public Employment Relations Board of the Town of Amherst
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 heads
or, in the case of a departmental head, to the Town Board of the Town
of Amherst, 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
Town and its employees to serve the interests of the public.
B. Ascertain the Town 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:
(1) The determination that such organization represents that group of
Town employees it claims to represent; and
(2) As provided in § 207, Subdivision 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.
The Town of Amherst shall extend to an employee organization
certified or recognized pursuant to this chapter, the following rights:
A. To represent the employees in negotiations and in the settlement
of grievances.
B. To membership dues deduction, upon presentation of dues deduction
authorization cards signed by individual employees.
C. 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. The term "budget submission
date" as used herein shall be the date for the filing of the Town
budget by the Town Board.
This chapter shall become effective 20 days after adoption.