[§ 2.01, Ord. 522, eff. December 18, 1969]
Employees of the City shall have the right to form, join, and
participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of employer-employee
relations, including, but not limited to, wages, hours, and other
terms and conditions of employment. Employees of the City also shall
have the right to refuse to join or participate in the activities
of employee organizations and shall have the right to represent themselves
individually in their employment relations with the City.
(a)
No employee shall be interfered with, intimidated, restrained, coerced,
or discriminated against by the City or employee organizations because
of his exercise of such rights.
(b)
No employee, however, may be represented by more than one recognized
employee organization for the purposes of this chapter.
(c)
Professional employees shall not be denied the right to be represented
separately from nonprofessional employees.
(d)
Management or confidential employees shall not represent any recognized
employee organization on matters within the scope of representation.
(e)
Department heads charged with the duty and responsibility of enforcing
State laws or local laws shall not form, join, or participate in recognized
employee organizations.
[§ 2.02, Ord. 522, eff. December 18, 1969]
Peace officers may form, join, participate in, and be represented
by employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations as provided
by this chapter provided such employee organizations:
(a)
Are composed solely of such peace officers;
(b)
Are not subordinate to any other organization; and
(c)
Concern themselves solely and exclusively with the wages, hours,
working conditions, welfare programs, and advancement of the academic
and vocational training in furtherance of the police profession.
[§ 2.03, Ord. 522, eff. December 18, 1969]
The scope of representation of a recognized employee organization
shall include all matters relating to employment conditions and employer-employee
relations, including, but not limited to, wages, hours, and other
terms and conditions of employment; provided, however, the scope of
representation shall not include consideration of the merits, necessity,
or organization of any service or activity provided by law or executive
order. Recognition of an employee organization as a recognized employee
organization:
[§ 2.04, Ord. 522, eff. December 18, 1969]
Management officials of the City have and shall retain the exclusive
right to manage and direct the performance of City services and the
work forces performing such services, including, but not limited to:
(a)
The exclusive right to determine the processes, methods, means, manner,
and personnel by which such services are to be performed;
(b)
The exclusive right to schedule and assign both the work to be performed
and the work force or employees by which the work is to be completed;
(c)
The exclusive right to contract or subcontract all or any part of
the work to be performed and to make work and safety rules and regulations
in order to maintain the efficiency and economy desirable in the performance
of City services;
(d)
The exclusive right to lay off employee members of the work force
for lack of work, lack of funds, or for other legitimate reasons;
and
(e)
The exclusive right to appoint, promote, or transfer members of the
work force and, for just cause, to suspend, demote, discharge, or
take other disciplinary action against employee members of the work
force.
|
Management officials, in exercising these functions, shall not
discriminate against any employee because of his membership or nonmembership
in any recognized employee organization.
|
[§ 2.05, Ord. 522, eff. December 18, 1969]
The City, through its representatives, shall meet and confer
in good faith with representatives of recognized employee organizations
regarding matters within the scope of representation, including wages,
hours, and other terms and conditions of employment within the appropriate
unit.
(a)
The City shall not be required to meet and confer in good faith on
any subject preempted by Federal or State law, nor shall it be required
to meet and confer in good faith on proposed amendments to the provisions
of this chapter.
(b)
The mutual obligation of the representatives of the City and the
recognized employee organizations to meet personally and confer in
order to exchange freely information, opinions, and proposals and
to endeavor to reach agreement on matters within the scope of representation
shall not require either party to agree to a proposal or to make a
concession.
[§ 2.06, Ord. 522, eff. December 18, 1969]
If agreement is reached by the representatives of the City and
a recognized employee organization, it shall be incorporated in a
written memorandum of understanding, which shall not be binding, signed
by the duly authorized representatives of the City and the recognized
employee organization, and submitted to the Council for determination.
[§ 2.07, Ord. 522, eff. December 18, 1969]
If, after a reasonable period of time, representatives of the
City and the recognized employee organization fail to reach agreement,
the City and the recognized employee organization together may agree
upon the appointment of a mediator mutually agreeable to the parties.
The costs of mediation shall be divided 1/2 to the City and 1/2 to
the recognized employee organization.
