[Ord. No. 1296 §1, 1-17-2013]
The administration of this Article shall be under the management
and direction of the City Administrator. The City Administrator shall
have the authority to adopt rules, regulations, and forms necessary
to carry out the provisions of this Article. Such rules, regulations,
and forms shall become effective after fifteen (15) City business
days after filing with the Board of Aldermen and the City Clerk.
[Ord. No. 1296 §1, 1-17-2013]
Employees of the City who are not covered by the State laws
governing collective bargaining under Section 105.500, RSMo., et seq.
shall be covered by this Article for the exercise of their collective
bargaining rights.
[Ord. No. 1296 §1, 1-17-2013]
For purposes of this Article, the following terms as used in
this Article shall have the following meanings:
A unit of City employees who enjoy a clear and identifiable
community of interest among the employees concerned, but no such unit
shall include employees who are supervisors, managerial employees,
confidential employees, and employees who have a conflict of interest
with bargaining unit employees in exercising their duties for the
City.
Employees employed by the City who, in the normal performance
of their duties, have authorized access to confidential information
affecting the employer-employee relationship or who have a confidential
working relationship with a manager or supervisor employed by the
City.
Any full-time, non-probationary employee of the City who seeks to be involved in collective bargaining through the petitioning process established in Section 115.215 of this Code, but excluding supervisors, managerial employees, confidential employees, and employees who have a conflict of interest with bargaining unit employees in exercising their duties for the City.
An organization which has as its purpose the representation
of public employees, and which has been designated through an election
process by a majority of all employees in an appropriate bargaining
unit as the representative of such employees in such unit for purposes
of collective bargaining; and which conforms to the requirements of
this Article for continued designation as an exclusive bargaining
representative.
The City Clerk or such other person as the City Administrator
may designate from time to time.
Persons employed by the City who formulate, determine, implement,
or effectuate policies for the City.
The conditions as determined by the City Administrator pursuant
to the rules that are adopted to implement this Article, but such
conditions shall not include retroactive application of pay and benefits,
mandatory dues payments as a condition of employment with the City
of any employee, or which violate Federal or State law; or items identified
in the section relating to good faith bargaining.
The hourly rate of pay of employees.
An employee's refusal, in concerted action with others, to
report to duty; a willful absence from the employee's position; a
stoppage, reduction, or slowdown of work; or the use of leave for
the purpose of inducing, influencing, or coercing a change in the
conditions, compensation, rights, privileges, or obligations of employment,
or a decision of the City.
Persons employed by the City who have the authority to recommend
hiring, promotion, transfer, discipline, or discharge of employees,
to direct and assign the work force, to adjust grievances, or to engage
in evaluations of employees, regardless of the amount of time engaged
in such activities.
[Ord. No. 1296 §1, 1-17-2013]
A.
The following rules have been adopted to manage the petitioning and
election process for employees to seek an election to determine if
an organization is selected by election to be designated as an exclusive
bargaining representative consistent with this Article.
1.
Petition for certification or decertification. A group of employees, an employee, or a labor organization seeking
recognition in a proposed appropriate bargaining unit must file a
petition for certification (or representation petition) with the City
Administrator or the City Administrator's designee. A petition for
decertification of a public employee representative may be filed by
any group of employees, or any individual acting on their behalf,
alleging the certified or recognized employee representative is no
longer the majority representative of such employees. A petition for
unit clarification or amendment may be filed by the majority representative
of the employer or by the employer. All such petitions shall be in
writing and must be filed with the City Administrator or the City
Administrator's designee.
2.
Appropriateness of unit. A "bargaining unit"
means a class of jobs or positions that are held by employees whose
collective interests may be suitably represented by a labor organization
for collective bargaining. A bargaining unit that contains Peace Officers
shall contain no employees other than Peace Officers. Supervisory
employees shall be excluded from bargaining units.
a.
In determining whether a petitioned-for or proposed bargaining
unit is appropriate, in that employees within the proposed unit share
a clear and identifiable community of interest, the following factors
may be considered:
(1)
Degree of functional integration;
(2)
Nature of their supervision;
(3)
Extent of common supervision;
(4)
Nature of employee skills and functions;
(5)
Interchangeability and contact among employees;
(6)
Whether there is any substitution of one (1) group
of employees for another and the frequency of such substitution, if
any;
(7)
Work situs;
(8)
Types of equipment operated or utilized by employees;
(9)
Education, training, and experience;
(10)
Work schedules;
(11)
Compensation, including the method of compensation
for both regular and overtime work, and the salary or wage rates;
(12)
Methods used to record employees' time;
(13)
Nature and extent of similar or dissimilar working
conditions;
(14)
Amount of time spent in the field in relation
to that spent at the employer's facilities;
(15)
Work clothes, uniforms, insignia, badges, or other
specialized equipment;
(16)
Previous bargaining history and extent of organization;
and
(17)
Employer organization and structure, including
name or designation given the particular department by the employer.
b.
No one factor shall be dispositive, but shall be accorded its
proper weight as determined by the hearing officer.
3.
Timeliness of petitions and bars to election.
a.
Contract bar.
(1)
When there is a collective bargaining agreement
of one (1) year or shorter duration covering all or some of the employees
in the bargaining unit, representation and decertification petitions
may be filed during the window period [between ninety (90) and sixty
(60) days prior to the scheduled expiration date of the collective
bargaining agreement] or any time after the expiration of the collective
bargaining agreement. The collective bargaining agreement, however,
shall serve as a bar (contract bar) to filing representation or decertification
petitions outside of the window period.
(2)
When there is a collective bargaining agreement
of more than one (1) year in duration covering all or some of the
employees in the bargaining unit, representation and decertification
petitions may be filed during any time after the first year of the
agreement has elapsed.
b.
Certification bar. No representation or decertification
petition may be filed within twelve (12) months following the date
of certification of an exclusive representative for all or some of
the employees in the bargaining unit.
c.
Election bar. With respect to any bargaining
unit, no election may be conducted in a bargaining unit, or subdivision
thereof, when a valid City-conducted election has been held within
the preceding twelve-month period in which the petitioner, employee,
or labor organization has lost the election. Moreover, representation
and decertification petitions filed within the last three (3) months
of the twelve-month period will be processed, and any resulting election
will be held after the twelve-month period has elapsed.
4.
Contents of petition for certification.
a.
A petition for certification (or a representation petition)
may be filed by an employee, a group of employees, a labor organization,
or the employer alleging that one (1) or more labor organizations
have presented a claim to be recognized as the exclusive bargaining
representative of a majority of the employees in an appropriate unit.
b.
Such petitions shall be signed by a representative of the petitioning
party and shall contain:
(1)
Name, address, telephone number, facsimile number,
e-mail address, and affiliation, if any, of the labor organization;
(2)
Name, address, telephone number, facsimile number,
and e-mail address of petitioner's representative;
(3)
A specific and detailed description of the bargaining
unit claimed to be appropriate for the purpose of exclusive representation
by the petitioner. Such description shall include the general classifications
of employees sought to be included and those sought to be excluded,
including job titles to the extent known, and the approximate number
of employees in the unit claimed to be appropriate;
(4)
A statement of whether the proposed unit combines
professional and non-professional employees;
(5)
A statement of whether the proposed unit is to
be included within an existing bargaining unit;
(6)
Name, address, telephone number, facsimile number,
e-mail address, and affiliation, if any, of any existing exclusive
representative of any employees in the proposed bargaining unit, including
the date of such certification or recognition and the expiration date
of any applicable contract, if known to the petitioner;
(7)
Name(s), address(es), telephone number(s), facsimile
number(s), e-mail address(es), and affiliation(s), if any, of any
other interested employee organizations, if known to the petitioner;
and
(8)
Any other relevant facts.
c.
The petition must be accompanied by a showing of interest of
not less than forty-five percent (45%) of the employees in the unit
alleged to be appropriate. Any evidence submitted as a showing of
interest must contain legible signatures, and each signature must
be dated by the employees. The evidence submitted as a showing of
interest must indicate the employee's desire for the named labor organization
or employee organization to act as his or her exclusive bargaining
representative. Such showing of interest shall be dated not more than
two (2) months prior to the filing of the petition.
d.
A petition filed by the employer shall state that a claim for
representation has been made by one (1) or more public employees,
groups of public employees, individuals, or employee organizations,
and that the employer has a good faith doubt concerning the majority
representative of its employees. No showing of interest must accompany
any such petition filed by the employer.
5.
Contents of a petition for decertification.
a.
A petition for decertification of a public employee representative
shall contain substantially the following:
(1)
A statement that the employee representative certified
by the City no longer represents a majority of employees in the collective
bargaining unit in which it is currently certified, and such employee
organization asserts a claim to be the majority representative of
the employees;
(2)
Name, address, telephone number, facsimile number,
and e-mail address of petitioner and petitioner's representative;
(3)
Name, address, telephone number, facsimile number,
e-mail address, and affiliation, if any, of the exclusive representative;
(4)
A specific and detailed description of the bargaining
unit claimed to be appropriate for the purpose of exclusive representation
by the petitioner. Such description shall include the general classifications
of employees sought to be included and those sought to be excluded,
including job titles to the extent known, and the approximate number
of employees in the unit claimed to be appropriate;
(5)
The date of such certification or recognition and
the expiration date of any applicable contract, if known to the petitioner;
and
(6)
Any other relevant facts.
b.
The petition must be accompanied by a showing of interest of
not less than twenty percent (20%) of the employees in the unit alleged
to be appropriate. The showing of interest in support of a decertification
petition may consist of cards or petitions indicating that the employees
do not want the incumbent labor organization or employee organization
to continue serving as the exclusive representative. Such showing
of interest shall be dated not more than six (6) months prior to the
filing of the petition.
6.
Petition for unit clarification. A petition
for unit clarification may be filed by the certified representative,
the employer, or both. Such a petition shall include:
7.
Petition for amendment of certification. A
petition for amendment of certification may be filed by the certified
representative, the employer, or both. Such a petition shall include:
8.
Processing of petition. Upon the filing of
any petition, the City Administrator or his or her designee shall
investigate the petition to determine the facts. The City Administrator
or his or her designee shall determine whether or not a valid question
concerning representation of employees exists in a prima facie appropriate
unit.
9.
Determination of showing of interest.
a.
Whenever an employee has signed authorization cards or petitions
for two (2) or more labor organizations, each card or petition shall
be counted in computing the required showing of interest for both
labor organizations. Duplicates for the same labor organization shall
be counted as one (1).
b.
The adequacy of the showing of interest shall be determined
administratively by the City Administrator or his or her designee.
The showing of interest determination is not subject to review or
litigation; however, any person who has evidence that the showing
of interest was obtained improperly, such as through fraud or coercion,
may bring the evidence to the attention of the City Administrator
or his or her designee investigating the petition.
c.
If the City Administrator or his or her designee determines
that the evidence submitted does not demonstrate the appropriate level
of the showing of interest, the petitioner shall have twenty-four
(24) hours to provide the necessary showing of interest. If the petitioner
is unable to present any necessary additional evidence of a showing
of interest within that time, then the petition shall be dismissed,
and such dismissal shall serve to bar the petitioner from filing any
subsequent petition seeking to represent employees in the petitioned-for
unit or a similar unit for twelve (12) months.
d.
If the City Administrator or his or her designee determines
the evidence submitted meets the appropriate level of a showing of
interest, he or she shall order that an election be conducted to determine
whether employees in the petitioned-for unit desire exclusive representation
by the petitioning labor organization for purposes of collective bargaining.
The order shall contain the date of the election and set forth the
date of eligibility for purposes of voting in the election.
e.
If the City Administrator or his or her designee determines
that there is reasonable cause to believe that there are unresolved
issues relating to the question concerning representation, the City
Administrator or his or her designee shall set the matter for hearing
before the hearing officer. All parties shall be given a minimum of
fourteen (14) days' notice of the hearing.
10.
Hearings.
a.
A notice shall be served at least fourteen (14) days in advance
of the hearing on all interested parties, and shall include:
b.
Hearings under these rules are considered investigatory and
not adversarial. Any party shall have the right to appear in person,
by counsel, or by other representative, to call, examine, and cross-examine
witnesses, and to introduce into the record documentary or other relevant
evidence, except that the participation of any party shall be limited
to the extent permitted by the hearing officer. The hearing officer
shall have the power to issue subpoenas for the production of documents
and/or the testimony of necessary witnesses.
c.
Any party shall be entitled, upon request, to a reasonable period
prior to the close of the hearing for oral argument, which shall be
included in the official transcript of the hearing. Any party shall
be entitled, upon request made before the close of the hearing, to
file a brief or proposed findings and conclusions, or both, with the
hearing officer, who may fix a reasonable time for such filing, but
not in excess of thirty (30) days, excluding Saturdays, Sundays, and
legal holidays, from the close of the hearing. Requests for further
extensions of time for good cause shown shall be made to the hearing
officer.
d.
Following the hearing, the hearing officer shall make a determination
conclusively resolving any unresolved issues, which shall be final
and binding and not subject to review. If the hearing officer orders
an election, the order shall contain the date of the election and
set forth the date of eligibility for purposes of voting in the election.
The date of the election shall not be less than thirty (30) days from
the date an election is directed.
11.
Withdrawal of petition; effect. A petitioner
may file a request to withdraw its petition at any time prior to a
valid election being conducted. Where a petitioner files such a withdrawal
request prior to a hearing or the setting of an election, the request
shall be granted; however, it shall result in six (6) months' prejudice
to the petitioner, and no subsequent petition in the same or a similar
unit from the petitioner shall be entertained for a period of six
(6) months. Where a petitioner files such a withdrawal request after
a hearing has been conducted or an election has been set, the request
shall be granted; however, it shall result in twelve (12) month's
prejudice, and no subsequent petition in the same or a similar unit
from the petitioner shall be entertained for a period of twelve (12)
months. Where more than one (1) labor organization or employee organization
is involved, the remaining labor organization or employee organization
may, at its option, seek to proceed to an election. In no event, however,
shall a petitioning or intervening labor organization be permitted
to withdraw within seventy-two (72) hours of the scheduled election.
12.
Election.
a.
Appropriate notices of election shall be furnished to all interested
parties, and shall be prominently posted by the employer no less than
three (3) days prior to the opening of the polls. Such notice shall
contain the date, hours, and place of the election; the eligibility
period; the details and procedures for an election; the appropriate
unit(s); and a sample ballot.
b.
The employer shall furnish a list including the names, addresses,
and job titles of all eligible voters in the unit as determined by
the hearing officer or agreed to by the parties. This list must be
supplied to the labor organization or employee organization not less
than three (3) days prior to the election.
c.
Each of the interested parties may designate an observer for
the poll. Unless otherwise stipulated by the parties, observers must
be non-supervisory employees of the public employer.
d.
Any observer or authorized officer may challenge an employee's
eligibility to vote. Challenged ballots shall be folded and placed
in a sealed envelope with the name of the voter plainly written on
the outside. Challenged ballots will not be considered unless they
might affect the result of the election. Challenged ballots which
are allowed will be counted; challenged ballots which are disallowed
will be destroyed. The names of the persons whose ballots are challenged
shall be made part of the record of the election proceedings. Should
a labor organization or employee organization challenge an employee
on the basis that he or she is not eligible to vote for any reason,
other than that he or she was hired after the date of eligibility
as specified in the stipulated election agreement or direction of
election, the labor organization or employee organization shall be
barred from seeking to include such individual in the unit through
the clarification or amendment procedure for a period of not less
than twelve (12) months.
e.
All elections shall be conducted by secret ballot.
f.
The City Administrator or his or her designee conducting the
election shall prescribe the area in proximity to the polling place
in which electioneering shall be prohibited. Cameras, video equipment,
cellular telephones, and similar equipment shall be prohibited within
the actual polling area while employees are voting.
g.
Ballot boxes shall be examined in the presence of observers
immediately prior to the opening of the polls and shall be sealed
at the opening of the polls. The seal shall allow for one opening
on the top of the ballot box for voters to insert their ballots.
h.
A voter shall mark a cross (X) or check mark in the circle or
block designating the voter's choice in the election. The intent of
the voter shall be followed in the marking of the ballot. If the ballot
is defaced, torn, or marked in such a manner that it is not understandable,
or identifies the voter, the ballot shall be declared void. If the
voter inadvertently spoils a ballot, it may be returned to the board
agent who shall give the voter another ballot. The spoiled ballot
shall be placed in a spoiled ballot envelope, which shall be sealed,
initialed by the observers, and placed in the ballot box.
i.
A voter shall fold the ballot so that no part of its face is
exposed and, on leaving the voting booth, shall deposit the ballot
in the ballot box. If the election is continued for more than one
(1) period, the ballot box shall be sealed by the City Administrator
or his or her designee and initialed by the observers until the subsequent
opening of the polls, and shall remain in the custody of the City
Administrator or his or her designee.
j.
Ballots may not be tallied until after the posted time for closing
of the polls unless all eligible voters have cast their ballots. Upon
the conclusion of the election, the ballots shall be counted and a
tally of ballots completed.
k.
An organization shall be certified if it receives a majority
of the valid votes cast.
l.
Within seven (7) days after the tally of ballots has been furnished,
any party may file objections to the conduct of the election or the
conduct affecting the results of the election, which shall contain
a short statement of the reasons therefor with the City Administrator
or his or her designee. If objections are filed, the City Administrator
or his or her designee shall investigate such objections. Where objections
are filed or challenges are determinative, a hearing shall be conducted.
The objecting party shall bear the burden of proof on all issues and
matters alleged in the objections.
m.
If no objections are filed within the time permitted, the City
Administrator or his or her designee shall issue a certification of
results, including certification of the exclusive bargaining representative,
where appropriate.
13.
Runoff election.
a.
When the results of an election are inconclusive, a runoff election
may be conducted by the City Administrator or his or her designee.
An inconclusive election is an election in which the ballot provides
for not less than three (3) choices (that is, at least two (2) labor
organizations or employee organizations and "neither") and result
in no choice receiving a majority of the valid ballots cast.
b.
The ballot in a runoff election shall provide for a selection
among the two (2) or more choices receiving the largest number of
votes, the sum of whose aggregate is at least one (1) more than half
of the total votes cast. Where, however, all choices receive an equal
number of votes or where two (2) choices received an equal number
of votes and a third choice received a higher, but less than a majority,
vote, a nullity should be declared and a rerun election conducted.
If the second election results in another such nullity, the petition
shall be dismissed. Where two (2) or more choices receive an equal
number of votes and another receives no votes, there are no challenges,
and all eligible voters have voted, neither a runoff nor a rerun election
shall be conducted; rather, a certification of results should issue.
[Ord. No. 1296 §1, 1-17-2013]
An exclusive bargaining agent shall file an annual financial
disclosure report with the City Clerk no later than the last business
day of the City's fiscal year on a form adopted by the City Administrator
which shall require the reporting of the following information: all
income derived from the bargaining unit in the City; a list of officers
and authorized representatives for the exclusive bargaining representative
with the amount of their annual salary and benefits; the detailed
expenses incurred in providing representation to the employees in
the bargaining unit in the City; the method for determination of dues
and/or fees and/or assessments for employees in the bargaining unit
in the City; and such other financial information deemed appropriate
by the City Administrator.
[Ord. No. 1296 §1, 1-17-2013]
A.
The parties to any collective bargaining process shall engage in
good faith bargaining in carrying out their respective duties under
State law.
B.
Good faith bargaining means the obligation of the City through its
representatives, and an exclusive bargaining representative through
its representatives, to meet at reasonable times and at reasonable
places to engage in negotiations, with the intent of reaching an agreement
that shall be committed to writing when completed for approval by
a majority secret ballot vote of all of the employees in the bargaining
unit regardless of membership, and by the Board of Aldermen. The mandatory
subjects of bargaining are salaries and other conditions of employment
as set out in this Article. The City may, in its sole discretion,
agree to and adopt as part of a collective bargaining agreement, a
provision permitting the resolution of grievances through a grievance
and arbitration mechanism. The exercise of good faith shall not require
the City to accept any proposal of the exclusive bargaining agent;
shall permit the Board of Aldermen or its representatives to accept,
reject, modify, or otherwise act or refuse to act on any or all proposals
presented for consideration; and upon completion of negotiations,
reduce the results to writing and be presented to the Board of Aldermen
in the form of an ordinance, resolution, bill, or other form required
for adoption, modification, or rejection of any or all parts of the
submitted proposal.
C.
As a matter of public policy, good faith bargaining shall not require
the City to discuss or negotiate over the following topics: the sole
responsibility to make managerial policy; direction, supervision,
evaluation, selection, and retention of employees; the governmental
operations and the organization of the City operations; the disciplining
of employees; the adequacy of the work force, including manning decisions;
the determination of the overall budget of the City or allocations
within such a budget; the overall mission of the City; and the determination
of emergency conditions for operations of the City. Inclusion of such
items in a collective bargaining agreement does not change the City's
ability to determine what it is willing to discuss or negotiate for
each period of agreement. No action in collective bargaining shall
require the Board of Aldermen to appropriate any funds to implement
a particular provision of any collective bargaining agreement.
