[R.O. 1994 § 150.010; Ord. No.
2013-10 § 1, 5-14-2013]
A. Any labor organization seeking designation as a bargaining agent
to represent employees of the City is to submit a specific, written
description of the bargaining unit sought, together with specific
exclusions, via certified mail to the City Clerk addressed to the
Mayor.
1.
Within fourteen (14) days of receipt, the Mayor shall appoint
a three-person Recognition Committee [consisting of the City Administrator
and two (2) members appointed from among the members of the Board
of Aldermen] which shall consider the appropriateness of the requested
unit, and which on behalf of the City shall either:
b.
Send the description back to the labor organization for further
specificity; or
c.
Reject the unit as being inappropriate with specific, written
reasons for the rejection.
2.
The labor organization submitting the application can either
accept the Recognition Committee's decision regarding the bargaining
unit or appeal to the Board of Aldermen within fourteen (14) days
of the date of the Committee's decision.
3.
Any appeal taken pursuant to Subsection
(A)(2) above, must be sent via certified mail and must be received by the City Clerk within fourteen (14) days after the Recognition Committee's decision is issued. The Board of Aldermen'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, the Board of Aldermen may consider, but is not bound by, precedent
from other cities, other states and/or the National Labor Relations
Act.
[R.O. 1994 § 150.020; Ord. No.
2013-10 § 1, 5-14-2013]
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 may be on
a form substantially similar to the form utilized by the National
Labor Relations Board for conducting union election, or as follows:
Shall [insert name of petitioning labor organization here] be
recognized as the bargaining agent for the employees of the [describe
bargaining unit as recognized by the City]?
D. The election will be conducted by either the Federal Mediation Conciliation
Service or by the Missouri Department of Labor (or its designee).
In the event that both the Federal Mediation and Conciliation Service
and the Missouri Department of Labor decline to conduct the election,
the Board of Aldermen will select and 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 the 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 Board of Aldermen for consideration within seven (7) days of
the election. The decision of the Board of Aldermen 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 become final, if a majority of
the members of the bargaining unit voted to be represented by the
labor organization, the Board of Aldermen 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-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 Board of Aldermen. Upon receipt of such a petition, the Mayor
will designate a three-person Recognition Committee [consisting of
the City Administrator and two (2) members appointed from among the
members of the Board of Aldermen] to determine if the petition to
revoke representation is authentic. Upon the report of the Recognition
Committee, if the petition is determined to be authentic, the Board
of Aldermen shall then revoke recognition of the labor organization
as bargaining agent for that bargaining unit.
[R.O. 1994 § 150.030; Ord. No.
2013-10 § 1, 5-14-2013]
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, a City negotiator, designated by the Mayor and approved
by the Board of Aldermen, 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 mutually satisfactory proposed
collective bargaining agreement to be submitted to the Board of Aldermen
for approval.
1.
If the City negotiator and the labor organization reach agreement
on a proposed collective bargaining agreement, the proposed agreement
will be submitted to the Board of Aldermen as an agenda item for consideration
at its next scheduled meeting. At that meeting, the Board of Aldermen
will approve, reject, or hold the proposed collective bargaining agreement
open for further discussion.
2.
If the City negotiator and the labor organization cannot reach an agreement on the terms of a proposed collective bargaining agreement after substantial negotiations, the City negotiator may unilaterally submit the City negotiator's proposed collective bargaining agreement to the Board of Aldermen for consideration as set forth in Subsection
(A)(1) above.
3.
The decision of the Board of Aldermen with regard to approving
or rejecting a proposed collective bargaining agreement shall be final
and binding.
[R.O. 1994 § 150.040; Ord. No.
2013-10 § 1, 5-14-2013]
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 are prohibited.