[Ord. No. 2513 §1, 4-22-2014]
A.
Any labor organization may file a petition with the City Manager
for the certification of a collective bargaining unit to represent
employees of the City.
B.
The petition shall:
1.
Be signed;
2.
Include contact information appropriate to the petitioner;
3.
Describe in detail the proposed bargaining unit, including the
number, job classification or title, and duties of the employees proposed
to be included and excluded;
4.
Explain the community of interests to be served by the proposed
unit; and
5.
Identify the labor organization proposed to be the representative
of the proposed bargaining unit; and
6.
State any other facts relevant to the petition.
C.
On receipt of a qualifying petition, the City Manager shall forward
the petition to the City Council.
[Ord. No. 2513 §1, 4-22-2014]
A.
On receipt of a qualifying petition from the City Manager, the City
Council shall consider the appropriateness of the proposed bargaining
unit, including the non-supervisory status of its proposed members.
1.
In evaluating the appropriateness of the proposed unit, the
Council shall consider whether the members are of a like class of
jobs or positions and share a clear and identifiable community of
interest such that their collective interests may be suitably represented
by the labor organization.
2.
No one factor shall be dispositive, and the factors established
in this Subsection are not exclusive. The Council may consider, but
shall not be bound by, precedent from other cities, the State of Missouri
and other states, and the National Labor Relations Act.
3.
The Council may, but shall not be required to, hold a public
hearing on the question of the appropriateness of the proposed bargaining
unit.
B.
The Council shall consider and determine the appropriateness of the
proposed bargaining unit within thirty (30) days of its receipt of
a qualifying petition from the City Manager, but this deadline may
be extended by the Council for an additional thirty (30) days at the
Council's discretion. After consideration, the Council shall either:
C.
The City Council's determination with respect to the appropriateness
of the proposed collective bargaining unit shall be final and binding.
[Ord. No. 2513 §1, 4-22-2014]
A.
Within forty-five (45) days after the Council's recognition of the
propriety of an appropriate bargaining unit, a secret ballot election
shall be held to determine whether the majority of employees in the
proposed unit want to be represented by the proposed agent for purposes
of collective bargaining. No agent will be recognized as representing
any employee by any other means.
B.
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 elections, or as follows:
|
Shall [insert name of proposed agent here] be recognized as
the bargaining agent for the employees of the [describe bargaining
unit as recognized by the City]?
| ||
|
_____ YES
|
_____NO
| |
C.
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 Council will select an 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.
D.
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.
E.
Any disputes concerning the election must be referred for decision
to the City Council for consideration within seven (7) days of the
election. The decision of the City Council on such disputes will be
final and binding.
F.
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.
G.
After the results of the election become final, if a majority of
the members of the bargaining unit voted to be represented by the
proposed agent, the Council will recognize the agent as representing
the employees of the bargaining unit.
H.
No agent 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.
[Ord. No. 2513 §1, 4-22-2014]
A.
A petitioner may withdraw a petition for certification at any time
prior to seventy-two (72) hours before a scheduled election. If the
petition is withdrawn prior to the scheduling of an election, the
withdrawal shall serve to bar the petitioner from refiling the withdrawn
petition or from filing a similar petition for six (6) months from
the date of withdrawal. If the petition is withdrawn after the scheduling
of an election, the withdrawal shall serve to bar the petitioner from
refiling the withdrawn petition or from filing a similar petition
for twelve (12) months from the date of withdrawal.
B.
If a majority of the employees in a designated bargaining unit determine
that they no longer wish to be represented by a recognized agent,
they may revoke their designation by tendering a signed and dated
petition for revocation to the Council. Upon receipt of such a petition,
the City Manager and two (2) Council members appointed by the Mayor
shall determine if the petition is authentic. Upon the report of the
committee, if the petition is determined to be authentic, the Council
shall then revoke recognition of the labor organization as the bargaining
agent for that bargaining unit.
[Ord. No. 2513 §1, 4-22-2014]
A.
If a bargaining unit is represented by a certified agent, the City
Manager and the affected department head, or any other negotiators
appointed by the Council, shall meet with the agent 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 Council for its consideration.
B.
If the City negotiators and the agent reach agreement on a proposed
collective bargaining agreement, it will be submitted for consideration
by the Council at a meeting within thirty (30) days of the date of
the negotiators' agreement. At that meeting, the Council will approve
or reject the proposed agreement or hold the agreement open for further
discussion and consideration.
C.
If the City negotiators and the agent cannot reach an agreement on
the terms of a proposed collective bargaining agreement after substantial,
good-faith negotiations, the City Manager may unilaterally submit
the City negotiators' proposed collective bargaining agreement to
the Council for consideration.
D.
The decision of the Council with regard to approving or rejecting
a proposed collective bargaining agreement shall be final and binding.
[Ord. No. 2513 §1, 4-22-2014]
In accord with Section 105.530 of the Revised Statutes of Missouri,
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.
