[Adopted 4-18-1995 by Ord. No. 539 (Ch. 74, Art. III, of
the Code of Ordinances)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
APPROPRIATE BARGAINING UNIT
A group of employees designated by the Board for the purpose
of collective bargaining. Appropriate units shall be formed by occupational
group, such as blue collar (unskilled, semiskilled, and skilled),
white collar (clerical, secretarial, administrative employees), paraprofessional,
technical, professional, corrections, police, and fire.
BOARD
The City Labor Management Relations Board.
CERTIFICATION
The designation by the Board of a labor organization as the
exclusive representative for all employees in an appropriate bargaining
unit.
COLLECTIVE BARGAINING
The act of negotiating between the employer and an exclusive
representative for the purpose of entering into a written agreement
regarding wages, hours and other terms and conditions of employment.
CONFIDENTIAL EMPLOYEE
A person who assists and acts in a confidential capacity
with respect to a person who formulates, determines and effectuates
management policies.
EMPLOYEE
A regular nonprobationary employee of the City.
EXCLUSIVE REPRESENTATIVE
A labor organization that, as a result of certification by
the Board, represents all employees in an appropriate bargaining unit
for the purposes of collective bargaining.
FACT-FINDING
The procedure following mediation whereby the parties involved
in an impasse submit their differences to a third party for an advisory
recommendation.
IMPASSE
Failure of the employer and an exclusive representative,
after good-faith bargaining, to reach agreement in the course of negotiating
a collective bargaining agreement.
LABOR ORGANIZATION
Any employee organization, one of whose purposes is the representation
of public employees in collective bargaining and in otherwise meeting,
consulting, and conferring with employers on matters pertaining to
employment relations.
LOCKOUT
An act by the employer to prevent its employees from going
to work for the purpose of resisting demands of the employees'
exclusive representative or for the purpose of gaining a concession
from the exclusive representative.
MANAGEMENT EMPLOYEE
An employee who is engaged primarily in executive and management
functions and is charged with the responsibility of developing, administering
or effectuating management policies. An employee shall not be deemed
a management employee solely because the employee participates in
cooperative decision-making programs on an occasional basis.
MEDIATION
Assistance by an impartial third party to resolve an impasse
in contract negotiation between the employer and an exclusive representative
through interpretation, suggestion and advice.
PROFESSIONAL EMPLOYEE
An employee whose work is predominantly intellectual and
varied in character and whose work involves the consistent exercise
of discretion and judgment in its performance and requires knowledge
of an advanced nature in a field of learning customarily requiring
specialized study at an institution of higher education or its equivalent.
The work of a professional employee is of such character that the
output or result accomplished cannot be standardized in relation to
a given period of time.
STRIKE
An employee's refusal, in concerted action with other
employees, to report for duty or his willful absence or withholding
of service in whole or in part from the full, faithful, and proper
performance of the duties of employment for the purpose of inducing,
influencing or coercing a change in the working conditions, compensation,
rights, privileges or obligations of employment.
SUPERVISOR
An employee who devotes a substantial amount of work time
to supervisory duties, who customarily and regularly directs the work
of two or more other employees and who has the authority in the interest
of the employer to hire, promote or discipline other employees or
to recommend such actions effectively. This definition does not include
individuals who perform merely routine, incidental, or clerical duties
or who occasionally assume supervisory or directory roles or whose
duties are substantially similar to those of their subordinates and
does not include lead employees or employees who participate in peer
review or occasional evaluation of employees.
The purpose of this article is to guarantee employees the right
to organize and bargain collectively with their employer, to protect
the rights of the employer and to promote harmonious and cooperative
relationships between the employer and the employees; and to acknowledge
the rights of the citizens to the orderly and uninterrupted delivery
of services.
In the event of conflict with other City ordinances, the provisions
of this article shall supersede other previously enacted ordinances.
Employees, other than management, supervisors, and confidential
employees, may form, join or assist any labor organization for the
purpose of collective bargaining through representatives chosen by
the employees without interference, restraint or coercion. Employees
also have the right to refuse to form, join or assist any labor organization.
Unless limited by the provisions of a collective bargaining
agreement or by other statutory provision, the employer's rights
shall include, but are not limited to, the following:
A. Direct and supervise all operations, functions and the work of the
employees;
B. Hire, lay off, promote, demote, assign, reassign, transfer, discipline,
discharge or terminate employees;
C. Determine what, by whom and when services will be rendered to the
citizens;
D. Determine staffing requirements, create, abolish positions or eliminate
or reorganize work units;
E. Determine the need for and the qualifications of new employees, and
determine the qualifications for and qualifications of employees considered
for transfer and promotion;
F. Take actions as necessary to carry out the mission of the employer
in emergencies; and
G. The employer retains all rights not specifically limited by a collective
bargaining agreement or other statutory provision.
No employer or his representative shall:
A. Discriminate against an employee with regard to terms and conditions
of employment because of the employee's membership in a labor
organization;
B. Interfere with, restrain or coerce any employee in the exercise of
any right guaranteed under this article;
C. Dominate or interfere in the formation, existence or administration
of any labor organization;
D. Discriminate in regard to hiring or any term or condition of employment
in order to encourage or discourage membership in a labor organization;
E. Discharge or otherwise discriminate against an employee because he
has signed or filed an affidavit, petition, grievance or complaint
or given any information or testimony under the provisions of this
article or because an employee is forming, joining or choosing to
be represented by a labor organization;
F. Refuse to bargain collectively in good faith with the exclusive representative;
G. Refuse or fail to comply with any provisions of this article or Board
regulation; or
H. Refuse or fail to comply with any collective bargaining agreement.
An employee, labor organization or its representative shall
not:
A. Discriminate against an employee with regard to labor organization
membership because of race, color, religion, creed, age, disability,
sex or national origin.
B. Solicit membership for an employee or labor organization during the
employee's duty hours. This does not include the break or lunch
period.
C. Use City time, property or equipment for union business other than
as provided in a collective bargaining agreement between the parties.
D. Interfere with, restrain or coerce any employee in the exercise of
any right guaranteed by the provisions of this article.
E. Restrain or coerce any elected official for the purpose of gaining
a concession.
F. Refuse to bargain collectively in good faith with the employer.
G. Refuse or fail to comply with any collective bargaining agreement
with the employer.
H. Refuse or fail to comply with any provision of this article.
I. Picket homes or private businesses of Board members, elected officials
or employees of the City.
J. Interfere with or coerce the employer in the selection of its agent
for bargaining.
All collective bargaining agreements and other agreements between
employers and exclusive representatives are valid and enforceable
according to their terms when entered into in accordance with the
provisions of this article.
[Adopted 7-11-2000 by Ord. No. 2000-06]
Pursuant to the terms of the Retiree Health Care Act, the City of Española determines to be included
in coverage under the Act.