City of Camdenton, MO Article III Collective Bargaining Process

Section 117.140 Establishment Of A Bargaining Unit.

[Ord. No. 2791-20, 3-3-2020]

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 (3) 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 on behalf of the City either:

a. Agree to the unit;

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.

Section 117.150 Determining Representative Status of the Labor Organization.

[Ord. No. 2791-20, 3-3-2020]

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]?
	_____ YES	_____ NO

D. The election will be conducted by either the Federal Mediation Conciliation Service or by the Missouri Department of Labor (or their 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 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.

E. After the election has concluded, the person conducting the election will immediately and publicly count the ballots and issue a report on 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 (3) 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.

Section 117.160 Collective Bargaining.

[Ord. No. 2791-20, 3-3-2020]

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 on their 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.

Section 117.170 Legal Compliance.

[Ord. No. 2791-20, 3-3-2020]

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, slowdowns, work stoppages, boycotts, any acts honoring a picket line, or any other acts that interfere with the City's operations are prohibited.