(a)
Except as otherwise provided by this Law, if a labor organization is lawfully elected to be the exclusive bargaining representative of a bargaining unit of public employees,
(i)
The exclusive bargaining representative shall represent all the public employees within the unit without regard to membership in the organization, provided that any public employee may present his/her grievance to the public employer and have such grievance adjusted without the intervention of the bargaining agent if the adjustment is not inconsistent with the terms of a collective bargaining agreement then in effect and if the bargaining agent’s representative has been given reasonable opportunity to be present at any meeting of the parties called for the resolution of such grievance;
(ii)
Management and the exclusive bargaining representative shall bargain in good faith on wages, hours and other terms and conditions of employment, provided that (A) neither management nor the exclusive representative shall be required to agree to a proposal or to make a concession and (B) management decisions to hire, to layoff, to recall, or to reorganize duties shall not constitute “other terms and conditions of employment” under this subsection; and
(iii)
Management and the exclusive bargaining representative shall enter into written collective bargaining agreements.
(b)
Bargaining over matters that would conflict with the Laws of the Tribe is prohibited, and in the event of a conflict between the provisions of an agreement entered into by a public employer and the exclusive representative in collective bargaining and the Laws of the Tribe, the Laws of the Tribe shall prevail.
(Res. 11-A-015, 3/8/2011)