This chapter may be cited as the town labor management relations
ordinance.
(Ordinance 05-02 adopted 2005)
The purpose of this chapter is to guarantee employees the right
to organize and bargain collectively with their employer; to protect
the rights of the employer and the employees and to promote harmonious
and cooperative relationships between the employer and the employees;
and to acknowledge the obligation of the employer and the employees
to provide orderly and uninterrupted services to the citizens.
(Ordinance 05-02 adopted 2005)
In the event of conflict with other town ordinances, the provisions
of this chapter shall supersede other previously enacted ordinances.
Town sanctioned rules and regulations, administrative directives,
departmental rules and regulations, and workplace practices shall
control unless there is a conflict with a collective bargaining agreement.
Where a conflict exists, the collective bargaining agreement shall
control.
(Ordinance 05-02 adopted 2005)
As used in this chapter:
Means a group of employees designated by the board for the
purpose of collective bargaining.
Means the town labor management relations board.
Means the designation by the board of a labor organization
as the exclusive representative for all employees in an appropriate
bargaining unit.
Means the act of negotiating between the employer and an
exclusive representative for the purpose of entering into a written
agreement regarding wages, hours, and other terms and conditions of
employment.
Means a person who devotes a majority of his/her time to
assisting and acting in a confidential capacity with respect to a
person who formulates, determines, and effectuates management policies.
Means a one-time crisis that was unforeseen and unavoidable.
Means a regular, non-probationary employee of the town.
Means the Town of Taos.
Means a labor organization that, as a result of certification
by the board, represents all employees in an appropriate bargaining
unit for the purposes of collective bargaining.
Means the payment to a labor organization which is the exclusive
representative for an appropriate bargaining unit by an employee of
that bargaining unit who is not a member of that labor organization
equal to a certain percentage of membership dues. Such figure is to
be calculated based on United States and New Mexico statutes and case
law identifying those expenditures by a labor organization which are
permissibly chargeable to all employees in the appropriate bargaining
unit under United States and New Mexico statutes and case law, including,
but not limited to, all expenditures incurred by the labor organization
in negotiating the contract applicable to all employees in the appropriate
bargaining unit, servicing such contract, and representing all such
employees in grievances and disciplinary actions.
Means the town council.
Means failure of the employer and an exclusive representative,
after good faith bargaining, to reach agreement in the course of negotiating
a collective bargaining agreement.
Means any employee organization one of whose purposes is
the representation of public employees in collective bargaining and
in otherwise meeting, consulting, and conferring with employers on
matters pertaining to employment relations.
Means an act by the employer to prevent its employees from
going to work for the purpose of resisting demands of the employees’
exclusive representative or for the purpose of gaining a concession
from the exclusive representative.
Means an employee who is engaged primarily in executive and
management functions and is charged with the responsibility of developing,
administering, or effectuating management policies. An employee shall
not be deemed a management employee solely because the employee participates
in cooperative decision-making programs on an occasional basis.
Means assistance by an impartial third party to resolve an
impasse in contract negotiation between the employer and an exclusive
representative through interpretation, suggestion, and advice.
Means an employee whose work is predominantly intellectual
and varied in character and whose work involves the consistent exercise
of discretion and judgment in its performance and requires knowledge
of an advanced nature in a field of learning customarily requiring
specialized study at an institution of higher education or its equivalent.
The work of a professional employee is of such character that the
output or result accomplished cannot be standardized in relation to
a given period of time.
Means an employee’s refusal, in concerted action with
other employees, to report for duty or his willful absence or withholding
of service in whole or in part from the full, faithful, and proper
performance of the duties of employment for the purpose of inducing,
influencing, or coercing a change in the working conditions, compensation,
rights, privileges, or obligations of employment.
Means an employee who devotes a majority amount of work time
to supervisory duties, who customarily and regularly directs the work
of two (2) or more other employees, and who has the authority in the
interest of the employer to hire, promote, or discipline other employees
or to recommend such actions effectively. This definition does not
include individuals who perform merely routine, incidental, or clerical
duties or who occasionally assume supervisory or directory roles or
whose duties are substantially similar to those of their subordinates
and does not include lead employees or employees who occasionally
participate in peer review or evaluation of employees.
(Ordinance 05-02 adopted 2005)
Employees, other than management, supervisory, confidential,
and probationary employees, may form, join, or assist any labor organization
for the purpose of collective bargaining through a representative
chosen by the employees without interference, restraint, or coercion.
Employees also have the right to refuse to form, join, or assist any
labor organization.
(Ordinance 05-02 adopted 2005)
Unless limited by the provisions of a collective bargaining
agreement or by other statutory provision, the employer’s rights
shall include, but are not limited to, the following:
A.
To direct
the work of, hire, promote, assign, transfer, demote, suspend, discharge,
or terminate public employees;
B.
To determine
qualifications for employment and the nature and content of personnel
examinations;
C.
To take
actions as may be necessary to carry out the mission of the employer
in emergencies; and
D.
The
employer retains all rights not specifically limited by a collective
bargaining agreement or by the Public Employee Bargaining Act.
(Ordinance 05-02 adopted 2005)
A.
The
“labor-management relations board” is hereby created.
The board shall be composed of three (3) members appointed by the
mayor and approved by the town council. One member shall be appointed
on the recommendation of individuals representing labor, one member
shall be appointed on the recommendation of the town manager, and
one member shall be appointed on the recommendation of the first two
(2) appointees.
B.
Board
members shall serve for a period of one year with terms commencing
in the month of September, except in the initial appointment, which
will be a shorter term, effective the same day as this chapter. Vacancies
shall be filled in the same manner as the original appointment, and
such appointments shall only be made for the remainder of the unexpired
term. A board member may serve an unlimited number of terms.
C.
During
the term of appointment, no board member shall hold or seek any other
political office or public employment or be an employee of a union,
an organization representing public employees, or a public employer.
D.
Each
board member shall be paid per diem and mileage in accordance with
the provisions of the Per Diem and Mileage Act.
(Ordinance 05-02 adopted 2005)
A.
The
board shall promulgate rules and regulations necessary to accomplish
and perform its functions and duties as established in this chapter,
including the establishment of procedures for:
1.
The
designation of appropriate bargaining units;
2.
The
selection, certification, and decertification of exclusive representatives;
and
3.
The
filing, hearing, and determination of complaints of prohibited practices.
This does not apply to negotiation impasses or grievances subject
to the required negotiated grievance process.
C.
The
board may issue subpoenas requiring, upon reasonable notice, the attendance
and testimony of witnesses and the production of any evidence, including
books, records, correspondence, or documents relevant to the matter
in question. The board may prescribe the form of the subpoena, but
it shall adhere insofar as practicable to the form used in civil actions
in the district court. The board may administer oaths and affirmations,
examine witnesses, and receive evidence. Subject to the approval of
funds, the board may contract with a third party to assist it in carrying
out its functions.
D.
The board shall decide all issues by majority vote and shall issue its decisions in the form of written orders and opinions. The decisions of the board on interpretation and applications of this chapter are final and binding on the parties subject to the appeal process provided in section 2.08.200 of this chapter. The board’s hearing authority does not apply to negotiation impasses or issues dealing with the collective bargaining agreement where a grievance procedure has been negotiated for that purpose by the parties as required by law.
E.
The
board has the power to enforce provisions of this chapter and the
board’s labor-management relations rules and regulations through
the imposition of appropriate administrative remedies.
F.
The
board shall have no power to promulgate policy other than for its
own operation.
G.
No rule
or regulation promulgated by the board shall require, directly or
indirectly, as a condition of continuous employment, any employee
covered by this chapter to pay money to any labor organization that
is certified as an exclusive representative. This issue of fair share
shall be a permissive as opposed to a mandatory subject of bargaining
between the employer and the exclusive representative.
(Ordinance 05-02 adopted 2005)
B.
The
board shall adopt regulations setting forth procedures to be followed
during hearings of the board. Such regulations shall meet minimal
due process requirements of the state and federal constitution.
C.
Proceedings
against the party alleged to have committed a prohibited practice
shall be commenced by service upon it and the board of a written notice
together with a copy of the charges and relief requested.
D.
All
adopted rules and regulations shall be filed in accordance with applicable
laws.
E.
A verbatim
record made by electronic or other suitable means shall be made of
every rule-making and adjudicatory hearing. The record shall not be
transcribed unless required for judicial review or unless ordered
by the board. The party requesting the transcript shall pay for the
transcription, in the case of judicial review the payment shall be
made by the party filing the appeal.
F.
Each
party to a prohibited labor practice shall bear the cost of producing
its own witnesses and paying its representative for hearings under
this chapter.
G.
No regulation
proposed to be adopted by the board that affects any person or governmental
entity outside of the board and its staff shall be adopted, amended,
or repealed without public hearing and comment on the proposed action
before the board. The public hearing shall be held after notice of
the subject matter of the regulation, the action proposed to be taken,
the time and place of the hearing, the manner in which interested
persons may present their views, and the method in which copies of
the proposed regulation, proposed amendment, or repeal of an existing
regulation may be obtained. All meetings shall be held at a town facility.
Notice shall be published once at least thirty (30) days prior to
the hearing date in a newspaper of general circulation in the town,
and notice shall be mailed at least thirty (30) days prior to the
hearing date to all persons who have made a written request for advance
notice of hearings.
(Ordinance 05-02 adopted 2005)
A.
The
board shall, upon receipt of a petition for a representation election
filed by a labor organization, designate the appropriate bargaining
unit. Appropriate bargaining units shall be established on the basis
of occupational groups or clear and identifiable community of interest
in employment terms, employment conditions, and related personnel
matters among the employees involved. Occupational groups shall generally
be identified as blue collar, secretarial clerical, technical, para-professional,
professional, corrections, firefighters, and police officers. Department,
craft, or trade designations other than as specified above shall not
determine bargaining units. The parties, by mutual agreement and approval
of the board, may further consolidate occupational groups. The essential
factors in determining appropriate bargaining units shall include
the principles of efficient administration of government, the history
of collective bargaining, and the assurance to employees of their
rights guaranteed by this chapter.
B.
If the
labor organization and the employer cannot agree on the appropriate
bargaining unit within thirty (30) days, the board shall hold a hearing
concerning the composition of the bargaining unit. Any agreement as
to the appropriate bargaining unit between the employer and the labor
organization is subject to the approval of the board.
C.
The
board shall not include in any appropriate bargaining unit, probationary,
supervisory, managerial, or confidential employees.
(Ordinance 05-02 adopted 2005)
A.
Whenever,
in accordance with regulations prescribed by the board, a petition
is filed by a labor organization containing the signatures of at least
thirty percent (30%) of the employees in an appropriate bargaining
unit, the board shall post a notice to affected employees regarding
the filed petition and proceed with the process for conducting a secret
ballot representation election.
B.
Once
a labor organization has filed a petition with the board requesting
a representation election, other labor organizations may seek to be
placed on the ballot. Any labor organization may file a competing
petition containing the signatures of not less than thirty percent
(30%) of the employees in the appropriate bargaining unit no later
than ten (10) calendar days after the board has posted a written notice
that a petition for a representation election has been filed by a
labor organization.
C.
All
representation elections shall include the option for “no representation”,
except in a run-off election where the choice of “no representation”
was not one of the two (2) choices that received the highest votes.
D.
In the
event of an election with two (2) or more labor organizations on the
ballot and none of the choices on the ballot received a majority of
the votes cast, then a run-off election shall be held within fifteen
(15) calendar days. The choices on the run-off election shall consist
of the two (2) choices, which received the greatest number of votes
in the original election.
E.
A valid
election requires that at least forty percent (40%) of the eligible
employees in an appropriate bargaining unit cast a vote. In an election
with only one labor organization, and the majority of the votes cast
are in favor of representation the board shall certify that labor
organization as the exclusive representative for all the employees
in the bargaining unit.
F.
No election
shall be conducted if an election has been conducted in the twelve
(12) month period immediately preceding the proposed representation
election. No election shall be held during the term of an existing
collective bargaining agreement, except as provided in subsection
2.08.130.B of this chapter, or after the expiration of the third year
of a collective bargaining agreement with a term of more than three
(3) years.
G.
Election
disputes shall be resolved by the board.
H.
As an alternative to the provisions of subsection A of this section, the employer and a labor organization with a reasonable basis for claiming to represent a majority of the employees in an appropriate bargaining unit may establish an alternative appropriate procedure for determining majority status. The procedure may include a labor organization’s submission of authorization cards from a majority of the employees in an appropriate bargaining unit. The local board shall not certify an appropriate bargaining unit if the employer objects to the certification without an election.
(Ordinance 05-02 adopted 2005)
A labor organization that has been certified by the board as
the exclusive representative for employees in an appropriate bargaining
unit shall represent all employees in the bargaining unit. The exclusive
representative shall act for all employees in the bargaining unit
and negotiate a collective bargaining agreement covering all employees
in the bargaining unit. The exclusive representative shall represent
the interests of all employees in the bargaining unit without discrimination
or regard to membership or non-membership in the labor organization.
The existence of an exclusive bargaining representative shall not
prevent employees from taking their grievances through the grievance
process or filing prohibited practices with the board. Any settlement
of a grievance or relief given on a prohibited practice brought by
an individual shall not be inconsistent with or in violation of the
collective bargaining agreement in effect between the employer and
the exclusive representative or inconsistent with or in violation
of a memorandum of understanding between the employer and the exclusive
representative applicable to the day-to-day administration of the
collective bargaining agreement. The exclusive representative shall
be afforded the opportunity to be present at such hearings and make
its views known.
(Ordinance 05-02 adopted 2005)
A.
Any
member of a labor organization or the labor organization itself may
initiate decertification of a labor organization as the exclusive
representative if thirty percent (30%) of the employees in the appropriate
bargaining unit make a written request to the board for a decertification
election. A decertification election shall be valid only if at least
forty percent (40%) of the eligible employees in the bargaining unit
vote in the election.
B.
When
there is a collective bargaining agreement in effect, a request for
a decertification election shall be made to the board no earlier than
ninety (90) days and no later than sixty (60) days before the expiration
of the collective bargaining agreement; provided, however, that a
request for a decertification election may be filed at any time after
the expiration of the third year of a collective bargaining agreement
with a term of more than three (3) years.
C.
When, within the time period prescribed in subsection B of this section, a competing labor organization files a petition containing signatures of at least thirty percent (30%) of the employees in the appropriate bargaining unit, a representation election rather than a decertification election shall be conducted.
D.
When
an exclusive representative has been certified but no collective bargaining
agreement is in effect, the board shall not accept a request for a
decertification election earlier than twelve (12) months subsequent
to a labor organization’s certification as the exclusive representative.
(Ordinance 05-02 adopted 2005)
A.
Except
for retirement programs provided under the Public Employees Retirement
Act, the parties shall bargain in good faith on all wages, hours,
and other terms and conditions of employment and other issues agreed
to by the parties. The parties shall enter into a written agreement
covering employment relations regarding the issues agreed to in collective
bargaining.
B.
Bargaining
in good faith shall not require either party to agree to a proposal
or to make a concession.
C.
The
obligation to bargain collectively imposed by this chapter shall not
be construed as authorizing employers and exclusive representatives
to enter into any agreement that is in conflict with state statutes
or federal statutes. In the event of conflict between the provision
of any federal or state statutes and any agreement entered into by
the employer and the exclusive representative, the former shall prevail.
D.
Payroll
deduction of the exclusive representative’s membership dues
shall be a mandatory subject of bargaining if either party chooses
to negotiate the issue. The amount of dues shall be certified in writing
by an official of the labor organization and shall not include special
assessments, penalties, or fines of any type levied by the exclusive
representative. During the time that a board certification is in effect
for a particular exclusive representative, the employer shall not
deduct dues for any other labor organization from members of the same
bargaining unit.
E.
Any
agreement or impasse resolution by the employer and an exclusive representative
that requires the expenditure of funds shall be contingent upon the
specific appropriation of funds by the governing body and the availability
of funds to fund the agreed upon provision. An arbitrator’s
decision shall not require the re-appropriation of funds.
F.
The
parties have a requirement that a grievance procedure culminating
with final and binding arbitration be negotiated. This applies only
to grievances and the interpretation and application of the agreement
between the parties and does not apply to negotiation impasses. The
parties shall share the cost of any proceedings conducted pursuant
to this subsection equally. Each party is responsible for paying any
cost related to its witnesses and representation.
(Ordinance 05-02 adopted 2005)
A.
The
following meetings shall be closed:
1.
Meetings
for the discussion of collective bargaining strategy between the governing
body and the employer’s negotiating team preliminary to negotiations
sessions;
2.
Collective
bargaining sessions; and
3.
Consultations
and impasse resolution procedures at which the employer and/or the
exclusive representative of the appropriate bargaining unit are present.
B.
The
following negotiation procedures shall apply to the employer and exclusive
representatives:
1.
The
negotiations for the first contract shall be opened upon written notice
by either party to the other requesting that negotiating sessions
be scheduled. Subsequent requests for negotiations shall be postmarked
no earlier than one hundred twenty (120) days nor later than sixty
(60) days prior to the contract ending date or as negotiated by the
parties. The parties may open negotiations at any time by mutual agreement.
2.
All
negotiations will be conducted in closed sessions. Negotiations will
be held at a facility and at a time mutually agreed upon by the parties.
3.
Recesses
and study sessions may be called by either team. Prior to the conclusion
of any negotiating sessions, the reconvening time will be agreed upon.
Caucuses may be taken as needed.
4.
Tentative
agreements reached during negotiations will be reduced to writing,
dated, and initialed by each team spokesperson. Such tentative agreements
are conditional and may be withdrawn should later discussion change
either party’s understanding of the language as it related to
another part of the agreement.
5.
Agreement
on contract negotiations is accomplished when the union president
and the town manager sign the agreement. Provisions in multi-year
agreements providing for economic increases for subsequent years shall
be contingent upon the governing body appropriating the funds necessary
to fund the increase for the subsequent year(s). Should the governing
body not appropriate sufficient funds to fund the agreed upon increase,
either party may reopen negotiations.
C.
The
following impasse procedure shall be followed by the employer and
exclusive representative:
1.
If
an impasse occurs, either party shall request mediation assistance.
If the parties cannot agree on a mediator, either party may request
the assistance of the Federal Mediation and Conciliation Service;
2.
If
the impasse continues after thirty (30) calendar days, either party
may request an unrestricted list of seven (7) arbitrators from the
Federal Mediation and Conciliation Service. The parties shall choose
one arbitrator by alternately striking names from such list. Which
party strikes the first name shall be determined by coin toss. The
arbitrator shall render a final, binding, written decision resolving
unresolved issues no later than thirty (30) calendar days after the
arbitrator has been notified of his or her selection by the parties.
The arbitrator’s decision shall be limited to a selection of
one of the two (2) parties’ complete, last, best offer. However,
an impasse resolution decision of an arbitrator or an agreement provision
by the employer and an exclusive representative that requires the
expenditure of funds shall be contingent upon the specific appropriation
of funds by the governing body and the availability of funds. An arbitrator’s
decision shall not require the employer to re-appropriate funds. The
parties shall share all of the arbitrator’s costs incurred pursuant
to this subsection equally. Each party shall be responsible for paying
any costs related to its witnesses and representation. The decision
shall be subject to judicial review pursuant to the standards set
forth in the Uniform Arbitration Act;
3.
In
the event that an impasse continues after the expiration of a contract,
the existing contract will continue in full force and effect until
it is replaced by a subsequent written agreement. However, this shall
not require the employer to increase any employees’ levels,
steps, or grades of compensation contained in the existing contract.
(Ordinance 05-02 adopted 2005)
A.
A public
employer or its representative shall not:
1.
Discriminate
against an employee with regard to terms and conditions of employment
because of the employee’s membership in a labor organization;
2.
Interfere
with, restrain, or coerce any employee in the exercise of any right
guaranteed under this chapter;
3.
Dominate
or interfere in the formation, existence, or administration of any
labor organization;
4.
Discriminate
in regard to hiring, or any term or condition of employment in order
to encourage or discourage membership in a labor organization;
5.
Discharge
or otherwise discriminate against an employee because the employee
has signed or filed an affidavit, petition, grievance, or complaint
or given any information or testimony under the provisions of this
chapter or because an employee is forming, joining, or choosing to
be represented by a labor organization;
6.
Refuse
to bargain collectively in good faith with the exclusive representative;
7.
Refuse
or fail to comply with any provisions of this chapter, board regulations,
or the Public Employee Bargaining Act; or
8.
Refuse
or fail to comply with any collective bargaining agreement. This issue
is subject to the required grievance procedure negotiated by the parties.
B.
During
the negotiation and the impasse procedure, town council and management
employees are prohibited from negotiating issues which are the subject
of negotiations and from making any offers, commitment, or promise
whatsoever to employees or the exclusive representative, other than
through the appointed town negotiating team. It is the intent of this
language that the integrity of the negotiating process be maintained.
All negotiations and concessions shall occur only between the respective
appointed negotiating teams.
(Ordinance 05-02 adopted 2005)
A.
An employee,
a labor organization, or its representative shall not:
1.
Discriminate
against an employee with regard to labor organization membership because
of race, color, religion, creed, age, disability, sex, or national
origin;
2.
Solicit
membership for an employee or labor organization during the employee’s
duty hours. This does not include the work breaks or lunch periods;
3.
Restrain
or coerce any employee in the exercise of any right guaranteed by
the provisions of this chapter;
4.
Refuse
to bargain collectively in good faith with the employer;
5.
Refuse
or fail to comply with any collective bargaining agreement with the
employer. This issue is subject to the required negotiated grievance
procedure negotiated by the parties;
6.
Refuse
or fail to comply with any provision of this chapter;
7.
Picket
homes or private businesses of employees, appointed individuals, or
elected officials of the town;
8.
Restrain
or coerce the employer in the selection of its agent for bargaining.
B.
During
the negotiation and the impasse procedure the employees, the exclusive
representative or any of its employees are prohibited from negotiating
issues which are the subject of negotiations with anyone other than
the appointed town negotiating team. It is the intent of this language
that the integrity of the negotiating process be maintained. All negotiations
and concessions shall occur only between the respective appointed
negotiating teams.
(Ordinance 05-02 adopted 2005)
A.
No employee
or labor organization shall engage in a strike. No labor organization
shall cause, instigate, encourage, or support a strike. The employer
shall not cause, instigate, or engage in an employee lockout.
B.
The
employer may apply to the district court for injunctive relief to
end a strike, and an exclusive representative of public employees
affected by a lockout may apply to the district court for injunctive
relief to end a lockout.
C.
The
board, upon a clear and convincing showing of proof at a hearing that
a labor organization directly caused or instigated an employee strike,
may impose appropriate penalties on that labor organization, up to
and including decertification of the labor organization with respect
to any of its bargaining units which struck as a result of such causation
or instigation. A strike means an employee’s refusal, in concerted
action with other employees, to report for duty or his willful absence
or withholding of service in whole or in part from the full, faithful,
and proper performance of the duties of employment for the purpose
of inducing, influencing, or coercing a change in the working conditions,
compensation, rights, privileges, or obligations of employment.
(Ordinance 05-02 adopted 2005)
All collective bargaining agreements and other agreements between
the employer and exclusive representative are valid and enforceable
according to their terms when entered into in accordance with the
provisions of this chapter.
(Ordinance 05-02 adopted 2005)
A.
The
board may request the district court to enforce any order issued pursuant
to this chapter, including those for appropriate temporary relief
and restraining orders. The court shall consider the request for enforcement
on the record made before the board. The court shall uphold the action
of the board and take appropriate action to enforce it unless the
court concludes that the order is:
B.
Any
person or party, including any labor organization, affected by a final
regulation, order, or decision of the board, may appeal to the district
court for further relief. All such appeals shall be based upon the
record made at the board hearing. All such appeals to the district
court shall be taken within thirty (30) calendar days of the date
of the final regulation, order, or decision of the board. Actions
taken by the board shall be affirmed unless the court concludes that
the action is:
(Ordinance 05-02 adopted 2005)
