City of Marceline, MO
Linn County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 16-12.51, 12-7-2016]
The City of Marceline does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its programs or activities.
[Ord. No. 16-12.51, 12-7-2016]
The City Manager has been designated to coordinate compliance with the non-discrimination requirements of Section 504 of the Americans with Disabilities Act (ADA) and Community Development Block Grant Program Section 504 regulations, and ADA regulations implemented by the EEOC (Equal Employment Opportunity Commission) and the Department of Justice.
[Ord. No. 20-10.10, 10-20-2020]
A. 
These provisions (the "Provisions") are adopted for the purpose of providing a framework within which police employed by the City of Marceline can exercise their right under Article I, Section 29 of the Constitution of the State of Missouri to bargain collectively with the City, through representatives of their own choosing.
B. 
The Management team of the City of Marceline shall have the authority to adopt rules, regulations and forms it deems necessary to carry out the Provisions as adopted by Ordinance No. 20-10.10 (the "Ordinance") of this Order, and to amend or repeal such rules and regulations as it deems necessary.
[Ord. No. 20-10.10, 10-20-2020]
As used in this Article the following terms shall have the meanings indicated:
APPROPRIATE BARGAINING UNIT
A class of employee jobs or positions for which there is a clear and identifiable community of interest among the employees concerned. A bargaining unit that contains peace officers shall contain no employees other than peace officers. Managerial employees, as defined herein, shall be excluded from the same bargaining units as the employees they supervise.
CITY MANAGER
The City Manager or his or her designee.
CONFIDENTIAL EMPLOYEE
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 the City Manager, the City Manager, or a supervisor employed by the City.
EMPLOYEE
Is defined as any full-time employee of the City of Marceline Police Department, who seeks to be involved in collective bargaining through the petitioning process established in the Ordinance, but excluding managerial employees and confidential employees.
EXCLUSIVE BARGAINING REPRESENTATIVE
An organization that has been designated or selected by a majority of the employees in an appropriate unit as their representative for purposes of collective bargaining.
MANAGERIAL EMPLOYEE
For the Marceline Police Department means the Lieutenants, Captain and the Chief of Police. Managerial employees cannot be part of any bargaining unit.
1. 
Managerial employees are those employees 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 and those who formulate, determine, implement, or effectuate policies for the City
POLICE
A person who is sworn or commissioned under Missouri Revised Statute Chapter 590 (2014).
SALARY
Either the annual salary or the hourly rate of pay of employees.
STRIKE
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.
[Ord. No. 20-10.10, 10-20-2020]
A. 
The Provisions shall apply to all regular full-time personnel employed in the Police Department.
B. 
It is the City's determination that all regular full-time non-managerial, non-confidential employees employed within the Police Department constitute the most appropriate unit for the purpose of collective bargaining. Any election conducted for the purpose of allowing employees to designate an exclusive bargaining representative, as provided below, shall take place within this unit, subject to the following exclusions:
1. 
Confidential employees shall not be included within the same bargaining unit as non-managerial employees, nor shall they be represented by the same labor organization as represents any non-managerial employees within the Police Department. For the purposes of this Subsection, the Departmental Administrative Assistant/Secretary shall be included as a confidential employee.
[Ord. No. 20-10.10, 10-20-2020]
A. 
Any solicitation of City employees to consider joining a labor organization or a bargaining unit may not be conducted while such employee is on duty in his or her capacity as an employee of the City, except that labor organization officers will be provided a twenty (20) minute on-duty meeting with new employees in the bargaining unit within the first two (2) weeks of employment to discuss labor organization membership. Any meetings of City employees to discuss joining a bargaining unit, selecting an exclusive bargaining representative, or negotiating a labor contract with the City, shall be held by employees while off duty.
B. 
Any labor organization wishing to represent employees employed in the City's Police Department in non-managerial, non-confidential positions shall present to the City Manager cards containing the signatures of at least thirty percent (30%) of the employees in the unit, indicating that they wish to select the labor organization in question as their exclusive bargaining representative for the purpose of collective bargaining. Any labor organization wishing to represent employees employed in the City's Police Department also must provide a specific and detailed written 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.
C. 
The City Manager shall determine whether the proposed bargaining unit is appropriate. The proposed bargaining unit is appropriate if the employees within the proposed unit share a clear and identifiable community of interest among the employees concerned. In deciding whether employees have a sufficient community of interest to be included in a single unit, the following factors will be examined:
1. 
Similarity in scale or manner of determining earnings;
2. 
Similarity in employment benefits, hours of work and other terms and conditions of employment;
3. 
Similarity in the kind of work performed;
4. 
Similarity in the qualifications, skills and training of the employees;
5. 
Frequency of contact or interchange among the employees;
6. 
Geographic proximity;
7. 
Continuity or integration of production processes;
8. 
Common supervision and determination of labor-relations policy;
9. 
Relationship to the administrative organization of the employer;
10. 
History of collective bargaining;
11. 
Extent of union organization.
The adequacy of the showing of interest shall be determined administratively by the City Manager. 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 Manager conducting the determination.
If the City Manager determines the evidence submitted does not demonstrate the appropriate level of the showing of interest, the petitioner shall have forty-eight (48) hours to provide the necessary showing of interest. If the petitioner fails 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.
If the City Manager determines that there is reasonable cause to believe that there are unresolved issues relating to the question concerning representation of City employees, the City Manager shall set the matter for hearing before the City Council, which shall consider the appropriateness of the requested unit and on behalf of the City take one (1) of the below actions:
1.
Agree to the unit; or
2.
Send the description back to the labor organization for further specificity; or
3.
Reject the unit as being inappropriate with specific, written reasons for rejection.
All parties shall be given a minimum of fourteen (14) days' notice of the hearing.
The decision of the City Council with respect to the appropriateness of the bargaining unit shall be final and binding.
D. 
Once the evidence submitted meets the appropriate level of a showing of interest, and upon the City Manager's validation of the signatures on the cards to confirm that at least thirty percent (30%) of the employees in the bargaining unit have signed cards, the City Manager 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 Assistant City Manager shall consult with the Chief of Police and the representative of the labor organization that has presented the cards, and together they shall select a mutually agreeable date and location for a secret ballot election to take place. If a date and location cannot be determined by mutual agreement, the City Council shall decide the date and location.
E. 
From the time the election notice is first posted until the date of the election, all employees of the City shall have the right to freely express their opinions about whether or not the labor organization should be selected as the exclusive bargaining representative of the employees in the bargaining unit. However, no employee of the City and no representative of the labor organization shall attempt to threaten, intimidate, coerce or otherwise restrain any eligible voter in the free exercise of his or her individual choice to support or oppose the selection of the labor organization in question as the exclusive bargaining representative of the employees in the bargaining unit.
F. 
The election shall be conducted by an agreed upon neutral third party through secret ballot, using such procedures as he or she determines are appropriate for ensuring the privacy and security of each employee's vote. Once the poll is closed, the neutral third party shall oversee the counting of the ballots. One (1) representative of the Police Department management team and one (1) representative of the labor organization shall have the right to be present during the voting and during the counting of the ballots. The observers may challenge an employee's eligibility to vote, in which case the challenged ballot shall be placed inside 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.
1. 
The ballots shall read "Do you wish to select [labor organization] as the Exclusive Bargaining Representative for [description of bargaining unit] employed within the City of Marceline Police Department?" The ballot will include check boxes for marking "yes" or "no" in response to this question.
2. 
In the event that more than one (1) labor organization seeks to represent employees in the unit, and in the event multiple labor organizations have obtained signatures from at least thirty percent (30%) of the employees in the unit stating that they wish to designate the labor organization as their Exclusive Bargaining Representative, then the ballot shall read "Do you wish to select [labor organization A], [labor organization B], [labor organization C, if applicable], or no labor organization as the Exclusive Bargaining Representative for [description of bargaining unit] employed within the City of Marceline Police Department?" The ballot will then include check boxes for marking "I wish to select [labor organization A] as my Exclusive Bargaining Representative," "I wish to select [labor organization B] as my Exclusive Bargaining Representative," "I wish to select [labor organization C] as my Exclusive Bargaining Representative" (if applicable), and "I do not wish to select any labor organization as my Exclusive Bargaining Representative."
3. 
Any labor organization receiving more than fifty percent (50%) of the votes of all voters shall be designated and recognized by the City as the Exclusive Bargaining Representative for all employees in the bargaining unit.
G. 
No more than one (1) election shall take place in any bargaining unit within the same twelve-month period. Once an election takes place, the City Manager shall not accept cards from labor organizations or employees within the bargaining unit seeking another election for one (1) full calendar year after the date of the election.
H. 
Employees within the bargaining unit shall have the right to seek to decertify the labor organization as their Exclusive Bargaining Representative at any time. If any employee within the bargaining unit presents to the City Manager cards bearing the signatures of at least thirty percent (30%) of the employees within the bargaining unit stating those employees no longer wish to be represented by the labor organization in question, the City Manager shall first validate the signatures on the cards.
1. 
If the City Manager confirms that at least thirty percent (30%) of the employees in the bargaining unit have signed decertification cards, the City Manager shall consult with the Chief of Police and the designated representative of the labor organization to select a date for a decertification election. Such election shall take place at least four (4) weeks after the City Manager receives the decertification cards, and no later than six (6) weeks after the City Manager receives the decertification cards. Notice of such election shall be distributed to all employees within the bargaining unit and posted within the Police Department.
2. 
Unless a majority of the votes cast in the election are in favor of union representation, the labor organization will be decertified and shall immediately cease to represent the employees in the bargaining unit.
3. 
In the event of decertification of the Exclusive Bargaining Representative of the employees in any bargaining unit within the Police Department, all terms and conditions of employment existing at the time of decertification shall remain in place until such time as those terms or conditions of employment are altered by the City Council.
[Ord. No. 20-10.10, 10-20-2020]
A. 
Within four (4) weeks after a labor organization is certified as the exclusive bargaining representative for the employees in a bargaining unit as set out above, representatives of the City, designated by the City Manager or his or her designee, and representatives of the labor organization, selected by the labor organization, shall meet and begin bargaining for an agreement covering the wages, benefits, and other terms and conditions of employment for the employees within the bargaining unit.
B. 
Both sides shall bargain in good faith, and make an earnest effort to reach a mutually acceptable agreement, but neither side shall be required to offer any particular concession or withdraw any particular proposal.
C. 
If the parties reach an agreement, management shall present the agreement to the City Council for approval or rejection. The Council may approve the entire agreement or any part(s) thereof. If the Council rejects any portion of the agreement, the Council may return the rejected portion(s) of the agreement to the parties for further bargaining, or the Council may adopt a replacement provision of its own design, or the Council may state that no provision covering the topic in question shall be adopted.
D. 
After the first agreement between the City and the labor organization is adopted, bargaining for renewal agreements shall take place annually. Such bargaining must be completed to allow sufficient time for submission and approval of a City budget by the Council. The parties may elect to bargain non-economic terms for longer periods (e.g., three (3) years or five (5) years), but all economic provisions of the agreement shall be adopted on a year-to-year basis only.
[Ord. No. 20-10.10, 10-20-2020]
Labor agreements negotiated between the parties may cover wages, benefits, and all other terms and conditions of employment for employees within the bargaining unit, subject to the Charter and ordinances of the City of Marceline.
[Ord. No. 20-10.10, 10-20-2020]
A. 
If the State of Missouri passes any law governing collective bargaining for police, then to the extent any of the Provisions as established herein are inconsistent with the Missouri Statute, the inconsistent portions of the Provisions shall be superseded in whole or in part by such Statute.
B. 
If any court of competent jurisdiction shall declare any of the Provisions established herein to be unenforceable under any State or Federal Statute, regulation, or other authority, the unenforceable portion of the Provisions shall be removed, but all other portions of the Provisions contained herein shall remain in effect.