[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:
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.
The City Manager or his or her designee.
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.
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.
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.
For the Marceline Police Department means the Lieutenants,
Captain and the Chief of Police. Managerial employees cannot be part
of any bargaining unit.
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
A person who is sworn or commissioned under Missouri Revised
Statute Chapter 590 (2014).
Either the annual salary or 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.
[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.
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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.
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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.
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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:
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1.
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Agree to the unit; or
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2.
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Send the description back to the labor organization for further
specificity; or
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3.
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Reject the unit as being inappropriate with specific, written
reasons for rejection.
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All parties shall be given a minimum of fourteen (14) days'
notice of the hearing.
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The decision of the City Council with respect to the appropriateness
of the bargaining unit shall be final and binding.
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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.
