[1]
Editor's note — At a special election on 11-4-2014, AO No. 2013-37(S-2) was repealed.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Administrative agreement"
means a written document executed by the mayor's designee and an employee organization, which changes, modifies/alters, amends, clarifies or interprets an explicit term or any written provision of a labor agreement, which has any financial consequences and which must be approved by the employee organization and by the assembly in the manner provided in AMC Section 3.70.130.
"Administrative letter"
means a written document, including, but not limited to, a memorandum or letter of understanding, a side letter or agreement, or a letter of agreement addressing the management of the labor force under the existing terms of the current labor agreement. Administrative letters may not be used to vary the explicit terms of a labor agreement and may not result in any financial consequences for the Municipality. An administrative letter shall executed by a duly authorized representatives of an employee organization and shall be approved by the assembly in the manner provided in AMC Section 3.70.130 in order to become effective.
"Bargaining representative"
means the organization, association or labor union recognized through certification by the board as the proper party to represent the bargaining unit in collective bargaining and processing of grievances with the municipality.
"Bargaining unit"
means the collective group of employees to be represented in collective bargaining and processing of grievances by one bargaining representative.
"Board"
means the employee relations board of the municipality.
"Classification plan"
means a system of job titles and job descriptions corresponding to designated pay ranges and includes an orderly arrangement into classes of employees and a list of class titles, class codes and ranges assigned to each class.
"Collective bargaining"
means the performance of the mutual obligations of the municipality and the employee organization to meet at reasonable times and negotiate in good faith with respect to wages, hours and other terms and conditions of employment and the execution of a written contract incorporating an agreement reached. These obligations do not compel either party to agree to a proposal or require the making of a concession.
"Confidential employee"
means an employee who, in the normal course of his or her duties, has access to or assists in the preparation or utilization of information used in collective bargaining negotiations, arbitrations, grievances, employee relations board proceedings or labor-related litigation and board hearings.
"Dues checkoff"
means the obligation of the government, after obtaining the employee's written authorization, to deduct a specified amount from the employee's wages for the payment of employee organization membership dues or other fees, and to transmit these deducted sums to the employee organization. Unless otherwise specified within the collective bargaining agreement, such authorization shall remain in full force and effect until an employee revokes the authorization in writing in accordance with the terms of the authorization and to the extent permitted by law.
"Election"
means a proceeding conducted and supervised by the employee relations board in which employees in a collective bargaining unit cast secret written ballots for the purpose of determining a collective bargaining representative or for any other purpose specified in this chapter.
"Electrical generation and transmission"
means those employee services, as determined by the board, which are essential to the uninterrupted generation and transmission of electrical power to the community.
"Emergency medical services"
means all employees in the section of emergency medical services.
"Employee"
means any person holding a position in the administrative service of the municipality. Such term does not include members of citizen commissions or advisory groups appointed under authority of article V of the Charter. The term "employee" shall not include supervisory employees.
"Employee organization"
means an organization of employees of any kind, having as its purpose the improvement of terms and conditions of employment of public employees through collective bargaining, grievance and arbitration, or any other procedure where permitted under this chapter.
"Employer"
means the municipality. Such term does not include the numerous citizen advisory boards and commissions which exist under the authority of article V of the Charter.
"Factfinding"
means investigation of a dispute by a duly appointed individual, panel or board, with the factfinder submitting a report to the parties or the public describing the issues, and reporting the facts relating thereto.
"Fire protection"
means all employees within the division of fire services.
"Labor agreement"
means a collective bargaining agreement that is the result of an exchange of mutual promises between the mayor of the municipality and an employee organization, and which becomes a binding contract for the period of time set forth therein. A labor agreement must be approved by the employee organization and by the assembly.
"Mediation"
means effort by an impartial third party to assist in reaching an agreement or reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the employer and the exclusive bargaining representative through interpretation, suggestion and advice. Mediation may include recommending to the assembly concerning the terms of a collective bargaining agreement.
"Personal staff"
means the aides, secretaries and clerks working directly for an official or supervisory employee.
"Police"
means all employees within the police department.
"Port operation"
means those employee services, as determined by the board, which are essential to the continued transshipment of commodities through the Don Young Port of Alaska.
"Sewer treatment"
means those employee services, as determined by the board, which are essential to continued operation of the sewer treatment system of the municipality.
"Staff"
means all employees within the department, division, section or office affected.
"Supervisory employee"
means an individual having responsibility on behalf of the municipality regularly to participate in the performance of some or all of the following functions with respect to other employees: to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline, direct or adjust grievances, or effectively to recommend such action, if, in connection with the such functions, the exercise of such responsibility is not of a merely routine or clerical nature but requires the exercise of independent judgment.
"Water treatment"
means those employee services, as determined by the board, which are essential to continued operation of the water treatment system of the municipality.
(AO No. 69-75; AO No. 88-76; AO No. 77-376; AO No. 84-221(S); AO No. 88-131(S); AO No. 89-46(S-1); AO No. 2008-135(S), § 1, 9-29-2009; AO No. 2017-122(S), § 5, 10-24-2017; AO No. 2018-64(S-1), § 1, 8-28-2018; AO No. 2023-81, § 3, 1-9-2024)
A. 
Generally. While retaining the management rights enumerated at section 3.70.040, the municipality declares that it is its policy to promote harmonious and cooperative relations between the municipality and its employees and to protect the public by ensuring orderly and effective operations of government. These policies are to be effectuated by good faith discussions between the municipality and employee organizations recognizing the right of employees to organize for the purpose of collective bargaining; by negotiating with and entering into written agreements with employee organizations on matters of wages, hours and other terms and conditions of employment; by using mediation as a means to resolve disputes in accordance with the provisions of this chapter or whenever both parties choose to do so; and by maintaining merit system principles among municipal employees.
B. 
Communications policy. It is also the policy of the municipality that continuing communications shall be promoted between the municipality and employee representatives and that no collective bargaining agreement will be ratified by the assembly unless it contains, as a part of the agreement, the following: "The parties agree that they will meet and confer in good faith at reasonable times and places concerning this agreement, and its interpretation or any other matter of mutual concern to employee representatives and the municipality. The parties further agree that either party may request, in a writing delivered to the other, that the parties confer within 14 days after the date of delivery of the request, which request shall specify the matter to be discussed. An unexcusable refusal to meet and confer in response to such request shall be a violation of this agreement. There shall be no obligation on the part of either party to reopen, modify, amend or otherwise alter the terminology or interpretation of this agreement or to make any other agreement as a result of any such conferences nor shall the requirement for such conferences alter the rights or obligations of the parties under this agreement."
(AO No. 69-75; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1))
Employees shall have the right to organize and to be represented by employee organizations for the purpose of collective bargaining with the municipality concerning the terms and conditions of their employment and for the purpose of resolving grievances arising under collective bargaining agreements, both as provided in this chapter.
(AO No. 69-75; AO No. 89-46(S-1))
A. 
It is the right of the municipality acting through its agencies to:
1. 
Determine the standards of service to be offered by its agencies;
2. 
Determine the standards of selection for employment;
3. 
Direct its employees;
4. 
Take disciplinary action;
5. 
Relieve its employees from duty because of lack of work or for other legitimate reasons;
6. 
Maintain the efficiency of governmental operations;
7. 
Determine the methods, means and personnel by which government operations are to be conducted;
8. 
Adopt and amend a classification plan and allocate and reallocate employees to positions within the plan;
9. 
Take all necessary actions to carry out its mission in emergencies; and
10. 
Exercise complete control and discretion over its organization and the technology of performing its work.
B. 
The municipality declares that there is nothing incompatible with the maintenance of these rights and collective bargaining as to the method of application of these rights on matters of wages, hours and other terms and conditions of employment. In exercising management rights, the municipality shall ensure that, where matters of wages, hours and other terms and conditions of employment are involved, all written agreements are observed. Units appropriate for collective bargaining shall be determined by the employee relations board in accordance with criteria established by the assembly in this chapter.
(AO No. 69-75; AO No. 77-376; AO No. 89-46(S-1))
A. 
The head of each department, division or office of the municipal government, or an authorized designee, shall, at the beginning of each week, review and approve the previous week's worked hours for each employee under his or her supervision and verify that each employee has the appropriate number of worked or leave hours based on their employment status.
B. 
The head of each department, division or office of the municipal government, or an authorized designee, shall, by a designated time, perform an audit for all employees under his or her supervision to ensure all hours are accounted for and approved. Upon notification of completion, such hours shall become the basis for payment.
C. 
Upon approval of hours from departments, the central payroll office shall review and process payroll to include the computation of gross earnings, calculations for applicable taxes, employee authorized deductions and any other special deductions required by law. Once payroll calculations have been completed, payments will be made payable and distributed to each employee based on their authorized distribution method.
D. 
Payroll registers will be provided to the employee relations director or designee for signature to release payroll payments to treasury and the bank authority. Once signatures are obtained, central payroll will print payroll checks to treasury and release the payroll file to the bank.
E. 
The employee relations director or designee will provide the controller with the payroll amounts. The amounts shall be entered on the controller's books and charged against the accounts indicated therein.
(AO No. 2019-43, § 1, 4-9-2019)
A. 
Established; membership. There is established an impartial body, the employee relations board of the municipality. The board is made up of three impartial members appointed by the mayor and confirmed by the assembly in public hearing. The board must include a member with a background in management, a member with a background in labor, and a member from the general public. The board shall annually select a chair from among its members to serve a term of one year. Confirmation hearings shall be preceded by at least two weeks' notice to representatives of each municipal bargaining unit of the proposed appointment. The employee relations board reports jointly to the mayor and the assembly.
B. 
Compensation of members; other employment. None of the members of the board shall be employed by the municipality or by the groups covered by this chapter. Members of the board shall be paid $50.00 per day or portion thereof when sitting as the board.
C. 
Staff. All staff costs for the board shall be borne by the municipality. For purposes of this section, staff costs are those costs necessary to pay the salaries of those municipal employees who normally serve as staff to the board, and to provide those employees with day-to-day office supplies. The municipality shall assume all costs incurred in connection with the official activities of the board unless specified differently elsewhere in this chapter. The board shall determine its staff needs and report such to the mayor and the assembly for approval and inclusion in the annual budget.
D. 
Powers and duties. The board shall administer the policies established by this chapter. Its duties shall include but are not limited to:
1. 
Determining in each case the unit appropriate for the purposes of collective bargaining, taking care to avoid unnecessary fragmentation of homogenous groups.
2. 
Conduct of representation elections.
3. 
Certification or decertification of employee organizations as exclusive representatives.
4. 
Resolution of disputes, including administrative oversight of mediation, factfinding and arbitration activities.
5. 
Determination of the occurrence of and remedy for unfair labor practices.
6. 
Designation, in accordance with the provisions of this chapter, of those personnel within the supervisory and confidential categories.
7. 
Conduct of such hearings and inquiries as are necessary to carry out the functions of the board.
8. 
Exercise of the power to administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, and compel by the issuance of subpoenas the attendance of witnesses and the production of relevant documents. The board may delegate such powers to any member of the board or any person appointed by the board for the performance of its function, as authorized by this section.
E. 
Implementation of chapter. The board shall conduct hearings, issue cease and desist orders, require appropriate remedies for unfair labor practices, conduct elections and take affirmative action to effectuate the policies of this chapter.
F. 
Authority to prescribe additional regulations. The board shall promulgate rules and regulations necessary to effectuate the purposes of this chapter.
G. 
Effect of decisions. Decisions of the board shall be binding upon all parties to a proceeding unless stayed by order of the superior court pursuant to the filing of an appeal. Any party to a proceeding before the board may petition the superior court to enforce an order of the board.
H. 
Removal of members. Board members may be removed from office in accordance with section 4.05.060.
(AO No. 69-75; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1); AO No. 2005-113, § 1, 9-27-2005)
A. 
Generally. The employee relations board shall decide in each case the unit appropriate for the purpose of collective bargaining, based on such factors as community of interest, wages, hours and other working conditions of the employees involved, the history of collective bargaining and the desires of the employees. Bargaining units shall be as large as is reasonable, and unnecessary fragmenting shall be avoided.
B. 
School district. School district employees' bargaining units shall be as determined by the school board and all responsibility for collective bargaining shall be that of the school board.
C. 
Exempt employees. The following employees shall be exempt from collective bargaining:
1. 
All executive employees and those appointed employees as identified in section 3.30.012A;
2. 
All supervisory employees as designated by the board upon petition of the municipality;
3. 
The office of the mayor, except that employees currently eligible for collective bargaining or bargaining unit members whose positions are reassigned to that office shall only be excluded from bargaining unit membership with the approval of the board;
4. 
The staffs of the municipal manager, the executive manager, and the office of emergency management, except employees currently eligible for collective bargaining or bargaining unit members whose positions are reassigned to those offices shall only be excluded from bargaining unit membership with the approval of the board;
5. 
The staff of the municipal attorney;
6. 
The staff of the internal auditor;
7. 
The portion of the treasurer's staff charged with billing and collecting property taxes, collections administration, and direct administrative assistance;
8. 
The ombudsman, the staff of the office of the ombudsman, the municipal clerk and the staff of the municipal clerk, and the staff of the equal rights commission;
9. 
The staff of the department of human resources;
10. 
Confidential employees who in the normal course of their duties have access to or assist in the preparation of labor relations materials used in negotiations, arbitrations, grievances and board meetings;
11. 
The staff of any municipal information technology department or division, including:
a. 
The staff of the municipality, except for the reprographics section;
b. 
The staff of the Anchorage Water and Wastewater Utility information technology division; and
c. 
The staff of the Municipal Light and Power Utility systems division except for the radio shop;
12. 
The staff of the assembly;
13. 
The staff of the police and fire retirement board;
14. 
The staff of the Heritage Land Bank and Real Estate Services;
15. 
The staff of the office of management and budget; and
16. 
The staff of the retiree medical funding program trust for police officers and firefighters.
(AO No. 69-75; AO No. 77-94; AO No. 247-76; AO No. 78-82; AO No. 78-113; AO No. 78-166; AO No. 79-27; AO No. 81-82; AO No. 82-49; AO No. 85-8; AO No. 88-47(S); AO No. 88-82; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1); AO No. 89-125; AO No. 98-115(S), § 5, 7-1-1998; AO No. 2002-69, § 4, 5-14-2002; AO No. 2003-61, § 1, 1-1-2003; AO No. 2004-138, § 1, 10-26-2004; AO No. 2007-45, § 1, 4-10-2007; AO No. 2008-90(S), § 3, 1-1-2009; AO No. 2015-29, § 2, 4-14-2015; AO No. 2019-42, § 2, 4-23-2019)
A. 
The municipality shall recognize and bargain with certified bargaining representatives selected according to the procedures set out in this chapter.
B. 
Certification by the board shall conclusively establish that the certified organization is the proper bargaining representative for the bargaining unit. The municipality and the certified bargaining representatives shall bargain in good faith for the purpose of entering into written agreements with respect to wages, hours and other terms and conditions of employment, as provided in this chapter.
C. 
If a change of certification occurs before the expiration of a current bargaining agreement, the municipality shall bargain with the newly certified bargaining representative for purposes of reaching a new agreement.
D. 
A collective bargaining agreement will allow for notification by the municipality to the bargaining representative of a newly represented employee and allow the bargaining representative an opportunity to meet with the newly represented employee during work time.
(AO No. 69-75; AO No. 89-46(S-1); AO No. 2018-64(S-1), § 2, 8-28-2018)
A. 
Generally. The board shall determine the bargaining representative according to the procedures set out in this section. Upon such determination, the board shall certify the bargaining representative. As a condition of certification, the bargaining representative shall represent all employees within the unit to the extent required by law. No closed shop shall be allowed.
B. 
Initiation of election. Bargaining representatives shall be determined by election by employees within the bargaining unit by secret written ballot or by consent of the parties and approval by the board. An election on representation may be initiated by presentation to the board of authorization cards containing the signatures of at least 30 percent of the employees within the bargaining unit requesting that the applicant be certified to represent the members of the bargaining unit. No petition shall be entertained by the board if there has been an election in the unit during the preceding 12 months. No election may be directed by the employee relations board in a bargaining unit in which there is in force and effect a valid collective bargaining agreement, except during a 180-day period preceding the expiration date. However, no collective bargaining agreement may bar an election upon petition of persons in the bargaining unit, if more than three years have elapsed since the execution of the agreement or the last timely renewal, whichever was later.
C. 
Time for presentation of petition for election. A petition based on authorization cards must be presented to the board not more than 180 days or not less than 150 days before the expiration of the current agreement.
D. 
Verification of petition for election. Upon timely receipt of authorization cards requesting a representation election, the board shall examine the cards and other evidence to ensure that the signatures contained thereon are genuine and that they represent signatures of members of the bargaining unit entitled to vote. Upon verification, the board shall post immediate notice that authorization cards have been received requesting a representation election and that other prospective bargaining representatives desiring their names be placed upon the ballot have an additional period of 15 days in which to present authorization cards reflecting the desires of ten percent of the employees within the bargaining unit that such prospective bargaining representative be certified as the bargaining representative. If the board finds the same signatures on more than one authorization card, it shall reject all cards on which the signature appears.
E. 
Pre-election hearing. No election may be held without first conducting a pre-election hearing to determine the validity of all requests for certification, the time and procedures for the election, and the contents of the ballot. The pre-election hearing shall be conducted within one week after the expiration of time for submission of authorization cards for intervention of an additional party in the election. All parties which have petitioned for certification, as well as the employer, shall have the opportunity to appear and participate at pre-election hearings.
F. 
Election ballot. The ballot shall contain the name of each proposed bargaining representative which has been presented to the board in accordance with this section, as well as the name of the currently certified bargaining representative. The ballot shall also contain a choice for any employee to designate that he or she does not desire to be represented by any bargaining representative.
G. 
Notice of election. Upon conclusion of the pre-election hearing, the board shall notify all employees within the bargaining unit of an election to be held on the question of representation within the bargaining unit. Notice shall be given to each employee at least seven days prior to the election. Additionally, notice shall be posted on municipal bulletin boards in the areas in which employees of the bargaining unit work. The notification shall specify each of the choices contained on the ballot, that the ballot is to be a secret ballot, and the time, date and place of the election. Defects of notice shall not invalidate an election so long as there has been substantial compliance with the requirements of this subsection.
H. 
Date of election. Representation elections shall be conducted so that employees have reasonable opportunities to vote during normal working hours. The election shall be held at least 120 days prior to the expiration of a current bargaining agreement affecting the bargaining unit.
I. 
Supervision of elections. All representation elections shall be supervised by the board. An observer from each prospective bargaining representative appearing on the ballot and a representative of the employer may be present at each polling place. The board shall establish the time, date and place for the election.
J. 
Result of elections. Certification shall require a majority of the valid ballots cast. Where more than one organization is on the ballot and none of the three or more choices receives a majority vote of the valid ballots cast, a runoff election shall be held. The runoff ballot shall contain the two choices which received the largest and second largest number of valid ballots cast. The runoff election shall be conducted within 14 days of the initial election. Notice and posting for the runoff election shall be the same as for the regular election. If the votes for three or more choices are equal, the runoff shall be between the prospective bargaining representatives.
K. 
Consent recognition. The employer and a prospective bargaining representative may consent to recognition of the bargaining representative in the case of a bargaining unit which is not currently represented. In such case, the parties shall petition the board for certification. The petition shall include authorization cards having the signatures of more than 50 percent of the members of the proposed bargaining unit. The board shall determine whether the prospective bargaining representative represents a majority of the employees within the bargaining unit. If the board determines that the bargaining unit is appropriate and the bargaining representative represents a majority of the employees within the bargaining unit, the board shall certify the prospective bargaining representative as the certified bargaining representative for purposes of collective bargaining. If the board determines that the applicant does not represent a majority of the employees within the bargaining unit, an election shall be held in the manner provided in this chapter, if the election provisions of this chapter have been met.
(AO No. 69-75; AO No. 89-46(S-1); AO No. 2018-64(S-1), § 3, 8-28-2018)
A. 
After determination of the appropriate bargaining unit and bargaining representative in accordance with the provisions of this chapter and subject to the other provisions of this chapter, the mayor's authorized negotiation team shall enter into negotiations with the bargaining representative of the employee unit in a timely fashion, not to exceed 30 days after certification by the board, concerning the wages, hours and other terms and conditions of employment.
1. 
Notwithstanding anything to the contrary contained in this title, substance misuse testing and all issues and other matters related to or affecting such testing shall not be subject to collective bargaining under this chapter, provided however, nothing in this subsection shall prohibit employee grievance and arbitration of discipline and/or discharge pursuant to substance misuse testing policy and procedures.
2. 
In all collective bargaining, the team of representatives authorized to negotiate on behalf of the municipality shall include an attorney and a representative of the chief fiscal officer.
B. 
Negotiating sessions shall be private unless otherwise agreed to by the parties; however, the parties to the negotiations shall periodically report to the assembly as specified by the assembly but not less than once every 30 days. Such reports may be made public by the assembly when deemed appropriate.
C. 
Collective bargaining shall commence at least 180 days prior to contract expiration date. If neither party initiates collective bargaining prior to that time, the current contract shall be extended for an additional year.
D. 
The assembly shall set general labor relations policy and direction for contract negotiations.
1. 
For contracts being reopened or expiring, the office of the mayor shall notify the assembly of impending collective bargaining at least 30 to 45 days before the commencement of collective bargaining in order to allow assembly action on policy and directions for contract negotiations.
2. 
The assembly shall be notified by the office of the mayor when negotiations commence.
a. 
The mayor and the affected labor organization or employee group shall both keep the assembly apprised of the course of negotiations as set forth in subsection B of this section.
b. 
After negotiations commence, neither party to the negotiations shall communicate with the assembly or any of its members concerning the negotiations except through the periodic reporting process described in this section.
3. 
When collective bargaining results in an agreement requiring assembly approval under 3.70.130:
a. 
An Assembly Memorandum summarizing the contract changes shall accompany the proposed agreement.
b. 
A summary of economic effects, including wages and benefits cost (example: health, retirement) and private sector impact, substantiated by financial reviews prepared by the CFO and the internal auditor shall accompany the proposed agreement.
c. 
The Assembly shall have a 28-day period for public review and comment on the labor agreement terms and conditions, summary of economic effects, and contract changes, before action by the assembly.
E. 
Upon agreement of both parties, collective bargaining may be undertaken at any time.
F. 
Subsections A through E of this section are subject to the limitations of section 3.70.140.
(AO No. 69-75; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1); AO No. 98-5(S), § 1, 2-10-1998; AO No. 2009-27(S), § 1, 4-14-2009; AO No. 2014-145, § 1, 12-2-2014; AO No. 2020-24, § 1, 3-10-2020; AO No. 2021-21, § 1, 2-23-2021)
A. 
If, 60 days prior to the contract expiration date, the parties have not agreed to a collective bargaining agreement, the board shall select and assign a neutral mediator who shall mediate all further negotiation sessions between the parties until directed otherwise by the board. The board may assign a mediator to assist the parties sooner at the request of both parties. A mediator's function shall be to bring the parties together under such circumstances as will tend to effectuate settlement of the dispute, but neither the mediator nor the board has any power of compulsion in mediation proceedings. The cost of mediation shall be borne by the municipality.
B. 
If, on the 30th day prior to the contract expiration date, a collective bargaining agreement has not been executed between the parties, the parties shall select a factfinder from a list of nine names, three names from the state and six names from outside the state, submitted by the American Arbitration Association unless otherwise mutually agreed to by the parties, to conduct a hearing and return findings of fact concerning the specific issue in question. The factfinder shall have the power to determine all relevant facts including but not limited to workload, productivity, economic feasibility, cost of living, the parties' bargaining history, relevant market comparisons in the public sector and relevant market comparisons in the private sector taking into account the cost of living in the markets compared, the employer's past practice and impact on personnel or workplace morale. The cost of the factfinder shall be shared equally by the parties. The factfinder shall within seven days of appointment conduct informal hearings and return his or her findings to the employer and bargaining representative. If, within 14 days after transmission of the findings of fact to the parties, an agreement has not been reached, the parties shall submit all unresolved matters to arbitration. Findings shall be made public upon delivery to the employer and bargaining representative.
(AO No. 69-75; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1))
A. 
Service classes. For purposes of this section, employees perform services in one of the following three classes:
1. 
Services which may not be given up for even the shortest period of time;
2. 
Services which may be interrupted for a limited period but not for an indefinite period of time; and
3. 
Services in which absent extraordinary circumstances, work stoppages may be sustained for extended periods without serious effects on the public.
B. 
Limitations on engaging in strike. The class described in subsection A.1 of this section is composed of police, fire protection, emergency medical services, and sewer and water treatment. The class described in subsection A.2 of this section is composed of electrical generation and transmission and port operation. Employees in this class for a limited time may engage in a strike pursuant to subsection C.9 of this section. The limit is determined by the interests of the health, safety and welfare of the public. The board may apply to the superior court for an order enjoining the strike. A strike may not be enjoined unless it can be shown that it has begun to threaten the health, safety or welfare of the public. A court in deciding whether or not to enjoin the strike shall consider the total equities in the particular class. For purposes of this section, the term "total equities" includes not only the impact of the strike on the public but also the extent to which employee organizations and public employers have met their obligations under this chapter. All other employees fall within the category described in subsection A.3 of this section. If there are extraordinary circumstances under which the health, safety or welfare of the public is threatened, the board may also apply to the superior court for an order enjoining a strike by this class.
C. 
Submission of issues to arbitration.
1. 
Prior to expiration of contract. For bargaining units or portions of bargaining units within the category described in subsection A.1 of this section, if the parties have not reached agreement seven days prior to expiration of the contract, the issue in dispute shall be submitted to arbitration before the party selected as factfinder in accordance with section 3.70.100B.
2. 
Completion of mediation and factfinding. For bargaining units or portions of bargaining units within the categories described in subsection A.2 or A.3 of this section who have completed mediation and factfinding under section 3.70.100, the issues in dispute shall immediately be submitted to arbitration.
3. 
Agreement prior to arbitrator's award. The parties may continue collective bargaining and reach an agreement at any time prior to the issuance of the arbitrator's award.
4. 
Time limit for arbitration decision. Hearings shall be concluded and the arbitrator shall forward his or her decision to both parties not later than 60 days after the expiration date of the collective bargaining agreement.
5. 
Selection of factfinder/arbitrator. The factfinder/arbitrator shall be selected in accordance with section 3.70.100B by each party exercising its preemptory challenge in turn until only one factfinder/arbitrator remains.
6. 
Arbitration procedure. The arbitrator shall conduct the arbitration according to the rules of Voluntary Rules of Labor Arbitration published by the American Arbitration Association, as may be modified by agreement between the parties at the first day of hearing.
7. 
Scope of arbitrator's authority. The arbitrator shall be limited in his or her authority to selection on a subject-by-subject basis from each of the parties' last best offer. On each subject, the arbitrator shall select one party's proposal in its entirety. The arbitrator shall not have the authority to select or prepare his or her own offer nor select or combine portions of either parties' last best offers on a given subject. In exercising his or her discretion to select between competing proposals by subject, the arbitrator shall base his or her decisions solely on the facts determined in accordance with section 3.70.100B and applicable law.
8. 
Subject definition. For bargaining units or portions of bargaining units within the category described in subsection A.1 of this section, the following additional provisions regarding selection of subjects applies as follows:
a. 
Unless otherwise agreed by the parties to the collective bargaining process, the following shall constitute separate subjects for purpose of interest arbitration:
i. 
Scope of the bargaining unit and the definition of bargaining unit work;
ii. 
The amount and effective date of across-the-board wage changes which become effective during the contract period either expressed as a lump sum, fixed percentage, cost of living adjustment or an adjustable percentage change, including any retroactive pay;
iii. 
The amount and effective date of wage changes not applicable across-the-board;
iv. 
Hours of work, work day, work week and shift schedules;
v. 
Overtime;
vi. 
Medical and dental insurance coverage;
vii. 
Disability, life and other insurance coverages;
viii. 
Holidays, including any premium pay for holidays worked;
ix. 
Promotions, transfers and demotions;
x. 
Leave, including annual, sick and other paid and unpaid leave;
xi. 
Grievance and arbitration procedures;
xii. 
Premium, specialty, shift differential and incentive pay;
xiii. 
Layoff and recall procedures;
xiv. 
Union recognition, security, dues and other union business;
xv. 
Seniority;
xvi. 
Clothing, tools, and equipment;
xvii. 
Safety.
b. 
All subjects not listed in subsection C.8.a of this section shall be grouped on a subject-by-subject basis as mutually agreed by the parties.
c. 
Any dispute between the parties regarding the inclusion or exclusion of any given issue or issues in any subject category provided for in subsections C.8.a and C.8.b of this section shall first be referred to and decided by the arbitrator no later than 30 days in advance of the first fact finding hearing before the arbitrator under section 3.70.100B and shall be decided by the arbitrator within seven days. In making his or her decision, the arbitrator shall avoid minute dissection of issues that would thwart or prolong arbitral resolution.
d. 
Any party may appeal an adverse arbitrator's decision under subsection C.8.c of this section to the employees relations board within five days of the arbitrator's decision. The employee relations board shall render a decision on such an appeal at least seven days before the fact finding hearing.
9. 
Payment of costs of arbitration. Cost of the arbitrator shall be borne equally by both parties.
10. 
Decision by arbitrator.
a. 
The decision of the arbitrator for bargaining units or portions of bargaining units within the category described in subsection A.1 of this section shall be reduced to writing and shall be final and binding upon the parties. The collective bargaining agreement, in compliance with the arbitrator's decision, shall be prepared and executed by the parties. Collective bargaining agreements awarded through binding interest arbitration may not exceed two years in duration from the date of the arbitrator's award. Decisions of the arbitrator may be appealed to the superior court for the state only for abuse of discretion, fraud or misconduct on the part of the arbitrator. On appeal to the Superior Court, legal determinations of the employee relations board shall be reviewed de novo by the superior court.
b. 
The decision of the arbitrator for bargaining units or portions of bargaining units within the categories described in subsection A.2 or A.3 of this section is adopted after approval by a majority vote of the assembly. Upon delivery of an arbitrator's decision to the municipal clerk, the assembly shall have 21 days to approve the decision. The internal auditor or its contractor shall review and express an opinion on the financial analysis prepared by the affected parties of the projected costs and savings from the contract to be replaced resulting from the arbitrator's decision and the municipality's last best offer. The assembly's action shall be by a resolution. If the arbitrator's decision is not approved by the assembly within 21 days after delivery to the municipal clerk, or seven days following receipt of the municipality's financial analysis, whichever is later, the parties shall be considered at impasse. The municipality may then implement its last best offer and the affected bargaining unit may exercise its right to strike.
11. 
Appeal. The parties to arbitration may appeal to the employee relations board an arbitrator's decision if the arbitrator has exceeded his or her jurisdiction and/or authority under the applicable labor agreement or the provisions of chapter 3.70 or the arbitrator's failure to render a decision. Said appeal must be filed within 14 days of the arbitrator's decision or failure to render a decision. If the employee relations board does not render a decision within 30 days after receipt of an appeal then the arbitrator's decision shall remain undisturbed. The employee relations board's decision on such an appeal shall be limited to remand of the matter back to the arbitrator for remedy consistent with the employee relations board's previous opinions.
(AO No. 69-75; AO No. 81-70; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1); AO No. 90-159; AO No. 91-29; AO No. 91-43(S-2); AO No. 91-173(S); AO No. 97-143(S-1), § 1, 12-9-1997; AO No. 2015-23(S), § 14, 3-24-2015; AO No. 2021-103, § 1, 10-28-2021; AO No. 2022-72, § 1, 10-11-2022)
A. 
Prohibited acts by employees and employee representatives. No employee, employee organization, bargaining representative, labor union, association or officer thereof shall engage in, cause, instigate, encourage or condone a strike, slowdown, walkout or other form of collective work action against the municipality regarding any service specified in section 3.70.110A.1. No such person or organization shall take such action with respect to services specified in section 3.70.110A.2 or 3.70.110A.3 prior to completion of the process described in section 3.70.110C or thereafter, if the court determines that such action has begun to threaten the health, safety or welfare of the public. The municipality shall not engage in a lockout or other procedure designed to prevent willing employees from working. No party shall cause, instigate or encourage a strike by refusing to bargain in good faith over mandatory subjects as defined in this Code.
B. 
Prohibited acts by supervisory personnel. No person exercising on behalf of the municipality any authority, supervision or direction over an employee may authorize, approve, condone or consent to a strike by employees.
C. 
Board determination regarding illegal strikes. At any time that the board is notified of an illegal strike, the board shall convene as soon as possible to determine the existence of such strike. The board shall give notice to the employer and the bargaining representative for the bargaining unit of their right to appear and be heard in the course of the board's determination. If the board determines that an illegal strike is or has occurred the board may apply to the superior court for an order enjoining the strike.
D. 
Violations. An employee who violates the prohibition against strikes contained in this section shall be subject to appropriate disciplinary action, which may include immediate discharge from employment.
E. 
Loss of pay. No compensation shall be paid by the municipality to any employee with respect to any day or part thereof when such employee was engaged in a strike or other work action prohibited under this chapter.
(AO No. 69-75; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1))
A. 
Labor agreements. Upon completion of negotiations between the municipality and the bargaining representative over a labor agreement, all of the terms and conditions shall be reduced to writing in a single agreement. The agreement shall then be presented to the appropriate employee unit for ratification and to the assembly for ratification in the same manner as a municipal ordinance. No provision of a contract may violate a municipal ordinance or the Charter or state or federal law except as authorized in Section 3.70.170.
B. 
Administrative agreements. All administrative agreements shall be submitted to the assembly for review and approval within 30 days of execution by a duly authorized representative of an employee organization and the Mayor's Designee. Assembly approval of administrative agreements shall be in the same manner as a municipal ordinance.
C. 
Administrative letters. All administrative letters shall be summarized periodically by the department and submitted to the assembly for review and acceptance in the form of an Assembly Information Memorandum prior to the effective date of the administrative letter rules.
D. 
Required acknowledgement and certification provisions: To ensure that the requirement for Assembly ratification and approval under this Section 3.70.130 is acknowledged and understood, every collective bargaining contract agreement modification, written interpretation, or other change, alteration or amendment, no matter how denominated, shall include in the body of document a provision that explicitly summarizes the requirements and remedial provisions of Section 3.70.130. and a certification under oath or affirmation by each duly authorized representative who signs on behalf of a party.
1. 
The certification shall in substance state that in executing the agreement the duly authorized representative, on behalf of the party to the agreement understands and acknowledges that the agreement must comply with Anchorage Municipal Code (AMC). The authorized representative acknowledges and agrees that AMC Section 3.70.130 requires Assembly approval of all modifications and amendments, no matter how denominated. The authorized representative acknowledges that absent Assembly approval, any modification or amendment no matter how denominated, shall be deemed null and void, and any payments made shall be recoverable by the Municipality. Absent Assembly approval required by AMC Section 3.70.130, written clarifications and interpretations within the definition of "administrative letter" under AMC Section 3.70.010 are invalid. AMC Section 3.70.010 prohibits the use of administrative letters to vary the explicit terms of a labor agreement. Intentional actions in violation of this Section 3.70.130 are subject to fines and penalties under AMC Section 1.45.010 and implementation without Assembly approval is prohibited under the municipal penal code, title 8.
2. 
No labor contract, agreement, modification, written interpretation, or other change, alteration or amendment, no matter how denominated, shall be ratified or approved by the Assembly unless the agreement includes the required acknowledgement provision and certifications.
3. 
Implementation of any labor agreement or administrative agreement, not matter how denominated, without prior Assembly ratification, is prohibited.
E. 
Remedial actions: In the event that the provisions of this section are violated by administrative action, any labor agreement, agreement, modification, written interpretation, or other change, alteration or amendment, no matter how denominated, shall be null and void, with not force or effect.
F. 
Grievances. Notwithstanding the requirements in subsections A to C above, grievance settlements, including arbitration decisions, pertaining to specific employees shall not be submitted to the assembly, except where the grievance settlement requires an appropriation to a department budget.
1. 
A proposed grievance settlement requiring an appropriation shall be submitted for assembly review and approval by resolution in accordance with assembly rules.
(AO No. 69-75; AO No. 84-221(S); AO No. 89-46(S-1); AO No. 2008-135(S), § 2, 9-29-2009)
A. 
Prohibited acts by municipality. The municipality or its agents may not:
1. 
Interfere, restrain or coerce an employee in the exercise of his or her rights guaranteed under this chapter.
2. 
Dominate or interfere with the formation, existence or administration of an organization.
3. 
Discriminate in regard to hire, tenure, employment or a term or condition of employment for the purpose of encouraging or discouraging membership in an organization.
4. 
Discharge or discriminate against an employee because he or she has signed or filed an affidavit, petition or complaint or given testimony under the provisions of this chapter.
5. 
Refuse to bargain collectively in good faith over wages, hours and other terms and conditions of employment with an organization which is the exclusive representative of employees in an appropriate unit, including but not limited to the discussion of grievances with the exclusive representative.
6. 
Encourage employees to withdraw from, relinquish membership in, or revoke authorization of the deduction of dues or other fees paid to an organization or bargaining representative.
7. 
Discourage employees from joining, paying dues or other fees to, or participating in an organization or bargaining representative.
B. 
Prohibited acts by employees and employee representatives. An employee organization or bargaining representative or its agents or employees may not:
1. 
Restrain or coerce:
a. 
An employee in the exercise of the rights guaranteed under this chapter.
b. 
The municipality in the selection of its representative for the purpose of collective bargaining or the adjustment of grievances.
2. 
Refuse to bargain collectively in good faith over wages, hours and other terms and conditions of employment with the public employer if the bargaining representative has been designated in accordance with the provisions of this chapter as the exclusive representative of employees in the bargaining unit.
3. 
Authorize or engage in a strike prohibited under this chapter.
4. 
Hinder or prevent, by threats, intimidations, force or coercion of any kind, the pursuit of any lawful work or employment of the municipality.
5. 
Engage in a secondary boycott or hinder or prevent by threat, intimidation, force, coercion or sabotage, the obtaining, use or disposition of materials, supplies, equipment or services.
6. 
Engage in any illegal effort to interfere with productions, functions or services of the public employer.
Notwithstanding the above, it is not an unfair labor practice or a violation of the duty of fair representation for a bargaining representative to charge a non-member reasonable costs or fees for representation unrelated to the negotiation of a collective bargaining agreement or to deny non-members union representation altogether.
C. 
Complaints; informal conciliation.
1. 
If the municipality or an employee or prospective or current bargaining representative believes that an unfair labor practice has been committed, it may, within 30 days from occurrence of the alleged unfair labor practice, file with the employee relations board a verified written complaint stating the nature of the violation and requesting that the board investigate the complaint.
2. 
The complaint shall be served upon the municipal clerk. The municipal clerk shall transfer the complaint to the municipal attorney's office.
3. 
The board shall, upon receipt of such a complaint, conduct a preliminary investigation to determine whether probable cause exists in support of the complaint or accusation. If the board determines, after an informal investigation, that probable cause exists to support the complaint, it shall try to eliminate the unfair labor practice by informal methods of conference, conciliation and persuasion. Nothing said or done during such settlement attempts may be used as evidence in subsequent proceedings. If, after its informal inquiry, the board concludes that the complaint is unfounded, the board shall dismiss the complaint forthwith.
D. 
Hearing. If the board fails to eliminate a prohibited unfair labor practice through informal conciliation and conference attempts, the board shall, within two weeks of receipt of the complaint, serve formal notice of the complaint upon the respondent. Within two weeks after service of notice, a hearing shall be conducted to determine the validity of the complaint in accordance with administrative procedures adopted by the board. The parties and the public shall have reasonable notice of the time, date and place of the hearing. Each party shall have the opportunity to be heard and to cross examine all witnesses. Testimony shall be taken under oath and recorded electronically.
E. 
Board order. If, upon completion of the formal hearing of a complaint of unfair labor practice, a majority of the board determines that the person or party named in the written complaint has engaged in a prohibited practice, the board shall issue and serve on the person an order or decision requiring that party to cease and desist from the prohibited practice and to take affirmative actions which will carry out the provisions of this chapter. If the board finds that the complaint is not supported, the board shall state its findings of fact and issue an order dismissing the complaint or accusation.
F. 
Enforcement by injunction. The board may apply to the superior court for an order enjoining the prohibited acts specified in its order or decision.
G. 
Other relief. In addition to the other forms of relief for an unfair labor practice mentioned in this section, the board may order reinstatement of public employees, order payment of back pay and lost benefits, award reasonable costs and attorney fees, or take other appropriate action as will effectuate the policies and purposes of this chapter. Where the board finds the commission of a purposeful and flagrant unfair labor practice by an employee representative, it may petition to the superior court to decertify the exclusive bargaining representative.
H. 
Intervention. The board may, at its discretion, permit intervention in unfair labor practice hearings by other interested parties upon a showing by such parties that they are directly affected by the proceeding. Once the board has permitted intervention, such party may appear, present evidence and cross examine witnesses at the hearing.
I. 
Payment of costs of hearings. All costs associated with unfair labor practice hearings shall be borne by the party against which the board rules. If the board takes no specific action or makes no decision, the costs shall be shared equally. The board may, in its discretion, award reasonable costs and attorneys' fees to the prevailing party in matters involving unfair labor practice.
J. 
Evidence. The board shall not be bound by the technical rules of evidence in its conduct of the hearing but shall conduct all such hearings in a manner that comports with due process.
K. 
Appeals. Decisions of the board may be appealed directly to the superior court for the state.
L. 
Expedited proceedings. The board may conduct expedited unfair labor practice proceedings in cases where it deems it appropriate to do so.
(AO No. 69-75; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1); AO No. 2018-64(S-1), § 4, 8-28-2018; AO No. 2023-36, § 1, 4-11-2023; AO No. 2023-63, § 1, 6-6-2023)
Upon written authorization of an employee within a bargaining unit, a copy of which shall be provided to the employer, the municipality may deduct monthly from the payroll of the employee the amount of dues and other fees as certified by the secretary of the exclusive bargaining representative and authorized by the employee, and deliver that amount to the chief fiscal officer of the exclusive bargaining representative. Dues checkoff may be revoked upon failure by the certified bargaining representative to pay, within a reasonable time specified by the board, cost allocations arising out of any proceeding conducted by the board in accordance with this chapter. Unless otherwise specified within the collective bargaining agreement, such authorization shall remain in full force and effect until an employee revokes the authorization in writing in accordance with the terms of the authorization and to the extent permitted by law.
(AO No. 69-75; AO No. 89-46(S-1); AO No. 2018-64(S-1), § 5, 8-28-2018)
Binding arbitration of disputes which arise under a collective bargaining agreement during the term of any collective bargaining agreement will be permitted if the parties have agreed to that procedure for dispute resolution and have included within the agreement a clause providing for that procedure. The decision of the arbitrator shall be reduced to writing unless waived by the parties and shall be final and binding upon the parties. If an unfair labor practice charge addressing the same or related matters is filed with the employee relations board and was deferred to arbitration by the board, the board shall retain jurisdiction to hear any outstanding issues not resolved by the arbitrator.
(AO No. 69-75; AO No. 88-131(S); AO No. 88-148; AO No. 89-46(S-1))
Each collective bargaining agreement made after the effective date of the ordinance from which this chapter is derived shall incorporate by reference the then current personnel regulations of the municipality. The provisions of the personnel regulations may be substituted by negotiated agreements. In the case of any changes made to the personnel regulations during the term of any collective bargaining agreement which conflict with the terms of any collective bargaining agreement, such personnel regulations shall not be applicable to that agreement.
Any provisions of this section notwithstanding, an employee who believes that he or she consistently performs work of a higher order than stated in his or her job description may, after exhaustion of administrative remedies, seek reallocation within the classification plan as provided by applicable grievance procedures.
(AO No. 69-75; AO No. 77-376; AO No. 82-56; AO No. 89-46(S-1))
This chapter applies to negotiations in progress on the effective date of the ordinance from which this chapter is derived and to negotiations commenced thereafter less than 120 days prior to expiration of the current contract between the parties, or where there is no current contract between the parties. With respect to such negotiations, the effective date of this chapter, or the date of commencement of negotiations, whichever is later, shall be deemed the 120th day prior to contract expiration for purposes of the negotiation process as provided in this chapter.
(AO No. 69-75; AO No. 89-46(S-1))
A. 
Notwithstanding any other provisions of this chapter, the EMS integration plan identified as Plan B-110 and presented to the assembly in public session on November 23, 1993, shall not be a subject of bargaining. Implementation of that plan shall not be modified or limited in any manner by application of this chapter. In the event of conflict between provisions of Plan B-110 and the fire and emergency medical services bargaining unit collective bargaining agreement, the provisions of Plan B-110 shall prevail. Should either the municipality or IAFF Local 1264 question the existence of a conflict between Plan B-110 and the collective bargaining agreement, the question shall be referred to a three-member panel consisting of two members of the EMS board, as designated by the board chairperson, and the assembly's fire/EMS consultant. The panel shall advise the parties in writing in a timely manner whether or not a conflict exists. Decisions of the panel may be appealed to the superior court of state.
B. 
Notwithstanding anything to the contrary, contractual issues raised by Plan B-110, related to compensation for EMS services, may be opened for negotiations after July 17, 1995, at the request of the city or the IAFF. This is not a general opener but is limited to compensation issues arising as a result of Plan B-110.
(AO No. 93-212(S-1), § 1, 12-14-1993)
A. 
There shall be five bargaining units for employees as described in this section. This initial description of bargaining units shall not prohibit future modifications of bargaining unit composition by the board in accordance with criteria established by the assembly in this chapter. In rendering its decisions, the board shall construe the provisions of this chapter in a light most favorable to the employees' right to organize and collectively bargain.
B. 
There shall be a police bargaining unit which shall encompass those employees classified as follows:
POLICE SERVICES BARGAINING UNIT
Classification Code
Classification Title
904
Assistant ID Specialist
979
Communications Clerk
915
Communications Clerk I
916
Communications Clerk II
917
Communications Clerk III
918
Community Service Officer
938
Data Systems Specialist I
939
Data Systems Specialist II
929
Identification Specialist
927
Identification Technician
906
Parking Enforcement Officer
921
Patrol Officer
934
Police Cadet
900
Police Clerk
905
Police Clerk I
907
Police Clerk II
908
Police Clerk III
922
Police Corporal
931
Police Investigator
928
Police Investigator II
993
Police Messenger
 
Police Records Supervisor
933
Police Sergeant
932
Police Sergeant, Investigations
909
Property and Evidence Specialist
901
Property and Evidence Technician
*115
Senior Office Associate
902
Senior Police Clerk
914
Senior Police Clerk II
923
Senior Patrol Officer
913
Specialty Clerk
912
Warrant Officer
*Limited to those positions organizationally allocated to the police department.
C. 
There shall be a fire and emergency medical services bargaining unit which shall encompass those classes of employees classified as follows:
FIRE AND EMERGENCY MEDICAL SERVICES BARGAINING UNIT
Classification Code
Classification Title
953
Fire Apparatus Engineer
972
Fire Battalion Chief*
940
Fire Battalion Chief—Opt B Training*
961
Fire Captain
962
Fire Dispatcher
959
Fire Mechanic
951
Firefighter I/EMT
956
Firefighter II/EMT
957
Firefighter III/EMT
949
Firefighter Trainee/EMT
7951
Firefighter I/Paramedic
7956
Firefighter II/Paramedic
7957
Firefighter III/Paramedic
7949
Firefighter Trainee/Paramedic
952
Fire Inspector
987
Fire Investigator
988
Fire Lead Dispatcher
983
Fire Lead Mechanic
966
Fire Office Assistant
968
Fire Office Associate
969
Fire Partsman
958
Fire Senior Mechanic
967
Fire Senior Office Assistant
984
Fire Training Officer
985
Fire Training Specialist
978
Incident Safety Officer
976
Paramedic Supervisor*
971
Senior Fire Captain
* Incumbents in these positions as of the date the labor agreement provides for their representation may opt out of representation and the bargaining unit; all new hires to these positions after that date shall be in the bargaining unit and represented.
D. 
(Repealed)
E. 
There shall be a light and power and traffic engineering bargaining unit which shall encompass those classes of employees classified as follows:
LIGHT AND POWER AND TRAFFIC ENGINEERING BARGAINING UNIT
The light and power and traffic engineering bargaining unit shall consist of all classes of employment listed in the utilities bargaining unit in AO No. 88-76 which are employed at the municipal light and power utility and the traffic engineering division. Such classifications are more specifically defined as classification codes 001 through 036, as well as any and all other classifications covered by the existing collective bargaining agreement.
All positions currently performing mechanical vehicle maintenance work for the municipal light and power utility shall be assigned to the municipal light and power bargaining unit.
Classification Code
Classification Title
2038
Accountant, ML&P
2010
Apprentice Lineman
2012
Assistant Warehouseman
2053
Associate Engineer
2066
Assistant Service Foreman
2057
Cable Locator
2002
Cable Splicer
2063
CPR Engineer
2068
CPR Senior Clerk
2212
Credit Representative I
2213
Credit Representative II
2065
Customer Service Coordinator
2070
Customer Service Specialist
2009
Customer Service Supervisor
2051
Cut in/Cut out Lineman
2080
Electrical Communications Technician
2036
Electronic Foreman
2035
Electronic Technician Leadman
2033
Electronic Lineman
2032
Electronics Technician
2021
Engineering Technician II
2022
Engineering Technician III
2017
Engineer I
2018
Engineer II
2019
Engineer III
2054
Engineer in Training
2059
Engineering Assistant I
2058
Engineering Assistant II
2057
Engineering Assistant III
2056
Engineering Assistant IV
2055
Engineering Assistant V
2020
Engineering Technician I
2007
Equipment Operator
2001
Foreman
2047
Generation Clerk
2048
Generation Technician
2011
Head Warehouseman
2045
Inspector
2003
Journeyman Lineman
2005
Journeyman Meterman
2023
Junior Clerk
2050
Junior Clerk Trainee
2025
Junior Shop Clerk
2040
Lead Meter Reader
2214
Light and Power Maintenance Technician
2006
Loopwagon Leadman
2008
Meter Reader
2030
Meter Repair Foreman
2029
Meter Repairman
2015
Operator/Mechanic
2046
Operator/Mechanic Trainee
2031
Paint and Sign Foreman
2039
Paint and Sign Leadman
2026
Paint and Sign Technician I
2027
Paint and Sign Technician II
2028
Paint and Sign Technician III
2016
Plant Electrician Leadman
2013
Plant Foreman
2014
Plant Leadman
2125
Power Dispatch Trainee
2126
Power Dispatcher
2041
Relay Substation Foreman
2043
Relay Substation Leadman
2042
Relay Substation Technician
2024
Senior Clerk
2052
Senior Engineer
2062
Senior Shop Clerk
2216
Shop Steward
2034
Senior Electronic Technician
2069
Standards Technician
2064
Survey Party Chief
2061
Technical Assistant
2060
Temporary Student Aide
 
Traffic Control Foreman
 
Traffic Control Technician I
 
Traffic Control Technician II
 
Traffic Control Technician III
2049
Utility Technical Assistant
2073
Vehicle Journeyman Mechanic
2071
Vehicle Mechanic Foreman (Working)
2074
Vehicle Mechanic Helper
2072
Vehicle Mechanic Welder
2044
Warehouseman Trainee
2037
Warehouseman/Storekeeper
2004
Working Meter Foreman
F. 
There shall be a crafts bargaining unit which shall encompass those classes of employees classified as follows:
CRAFTS BARGAINING UNIT
Classification Code
Classification Title
796
Airport Maintenance Assistant
787
Airport Maintenance Technician
701
Apprentice
702
Assistant Parts Warehouseman
793
Building Inspector Foreman (Working)
704
Body and Paint Person
701
Body Repairman II
705
Building Inspector
706
Building Superintendent
771
Bus Driver
707
Custodial Foreman
708
Custodial Leadman
709
Custodial Worker II
795
Electrical Inspector Foreman (Working)
710
Electrical Inspector
711
Equipment Operations Technician
712
Equipment Serviceman I
713
Equipment Serviceman II
714
Expediter
715
Field Service Foreman
769
Field Service Journeyman
770
Field Serviceman I
716
Gardener
719
Gardener Foreman (Working)
717
Gardener I
718
Gardener II
720
Heavy Equipment Operator
722
Heavy Equipment Operator Leadman
721
Heavy Equipment Operator Journeyman
723
Journeyman Craftsman
725
Journeyman Craftsman Leadman
724
Journeyman Craftsman Foreman
726
Journeyman Utilityman
797
Lead Weigh Station Attendant
727
Light Equipment Operator
728
Loadpacker Driver
729
Maintenance Foreman
730
Maintenance Person I
731
Maintenance Person II
732
Mechanic
733
Mechanic Foreman
774
Mechanic Foreman (Working)
734
Mechanic Leadman
735
Mechanic/Machinist
736
Mechanic/Welder
794
Mechanical Inspector Foreman (Working)
737
Mechanical Inspector
738
Medium Equipment Operator
739
Meter Installer/Repairman
740
Meter Installer/Repairman Helper
741
Meter Reader
742
Parks Caretaker I
743
Parks Caretaker II
744
Parks Caretaker/Operator
745
Parks Foreman (Working)
746
Parts Warehouseman Journeyman
788
Port Maintenance Foreman (Working)
750
Port Maintenance Journeyman
751
Port Maintenance Leadman
748
Port Maintenance Person I
749
Port Maintenance Person II
790
Refuse Collection Foreman (Working)
791
Refuse Disposal Foreman (Working)
784
Refuse Disposal Technician I
785
Refuse Disposal Technician II
782
Refuse Disposal Utilityman II
786
Refuse Disposal Utility Leadman
781
Refuse Disposal Utilityman I
783
Refuse Disposal Utilityman III
753
Refuse Equipment Operator
754
Refuse Leadman
792
Refuse Repair Technician
778
Sewer Mechanic/Welder
759
Sideloader Operator
755
Street and Sewer Inspector
756
Swamper
772
Transit Route Inspector
789
Treatment Plant Operations Foreman (Working)
757
Treatment Plant Operator I
758
Treatment Plant Operator II
760
Treatment Plant Senior Operator
775
Treatment Instrument/System Technician
764
Utility Inspector
765
Utilityman I
766
Utilityman II
767
Utilityman III
753
Warehouseman/Journeyman
601
Weather Crew Leader
610
Weatherization Helper
609
Weatherization Worker
779
Weigh Station Attendant
G. 
There shall be a general government employee bargaining unit which shall encompass those classes of employees classified as follows:
GENERAL GOVERNMENT CLASSIFIED EMPLOYEES BARGAINING UNIT
Classification Code
Classification Title
210
Accountant
205
Accounting Clerk I
206
Accounting Clerk II
204
Accounting Clerk III
121
Administrative Officer
503
Air Quality Specialist I
504
Air Quality Specialist II
269
Appraisal Analyst
263
Appraisal Technician
265
Appraiser
433
Assistant Museum Curator
175
Assistant Planner
425
Associate Family Service Specialist
459
Associate Environmental Specialist
435
Associate Librarian
176
Associate Planner
146
Assistant Graphics Technician
541
Assistant Landscape Architect
437
Assistant Museum Archivist
572
Assistant Plan Review Engineer
181
Assistant Planning Technician
455
Assistant Recreation Center Manager
533
Assistant Traffic Engineer I
534
Assistant Traffic Engineer II
599
Assistant Volunteer Coordinator
614
Building Material Coordinator
273
Business Property Assessment Examiner
563
Cartographer I
564
Cartographer II
487
Child/Adult Care Specialist I
488
Child/Adult Care Specialist II
429
Child/Adult Care Specialist III
559
Civil Engineer I
560
Civil Engineer II
561
Civil Engineer III
400
Clinic Nurse
509
Code Enforcement Officer
226
Collection Representative I
227
Collection Representative II
228
Collection Representative III
457
Community Work Service Specialist
600
Community Work Service Assistant
628
Custodial Quality Control Specialist
161
Customer Service Representative I
162
Customer Service Representative II
163
Customer Service Representative III
607
Driver/Courier
557
Engineering Technician III
554
Engineering Technician I
556
Engineering Technician II
558
Engineering Technician IV
507
Environmental Engineer
452
Environmental Sanitarian I
454
Environmental Sanitarian II
453
Environmental Sanitarian III
456
Environmental Specialist
401
Family Service Aide
406
Family Service Counselor
408
Family Service Specialist
618
Fleet Administrator
330
GIS Technician I
331
GIS Technician II
332
GIS Technician III
147
Graphics Technician
209
Junior Accountant
120
Junior Administrative Officer
412
Laboratory Analyst I
416
Laboratory Analyst II
540
Landscape Architect
430
Library Assistant I
431
Library Assistant II
460
Library Assistant III
427
Library Clerk
416
Licensed Practical Nurse
446
Lifeguard I
449
Lifeguard II
410
Museum Archivist
405
Museum Attendant
415
Museum Curator
464
Museum Registrar
110
Office Aide
111
Office Assistant
115
Office Associate
596
Permit Clerk I
597
Permit Clerk II
598
Permit Clerk III
301
Personal Computing Technician I
302
Personal Computing Technician II
303
Personal Computing Technician III
573
Plan Review Engineer
180
Planning Technician
511
Principal Code Enforcement Officer
321
Programmer
320
Programmer Trainee
322
Programmer II
418
Public Health Dietician
414
Public Health Educator
421
Public Health Nurse
417
Public Health Investigator
523
Realty Officer I
524
Realty Officer II
512
Realty Officer III
481
Recreation Program Specialist I
447
Recreation Specialist I
448
Recreation Specialist II
371
Reprographics Technician I
372
Reprographics Technician II
373
Reprographics Technician III
211
Senior Accountant
122
Senior Administrative Officer
266
Senior Appraiser
608
Senior Courier
148
Senior Graphics Technician
112
Senior Office Assistant
116
Senior Office Associate
177
Senior Planner
422
Senior Public Health Nurse
216
Senior Staff Accountant
510
Senior Code Enforcement Officer
402
Senior Family Service Aide
407
Senior Family Service Counselor
409
Senior Family Service Specialist
179
Senior Planning Technician
461
Videographer
654
Vehicle I and M Field Inspector
653
Vehicle I and M Senior Field Inspector
403
Water Quality Technician I
404
Water Quality Technician II
606
Weather Coordinator
612
Weatherization Supply Clerk
H. 
Employee positions specifically excluded by this chapter shall not be eligible for membership in any employee unit described in this section for representational purposes.
I. 
Bargaining representatives elected by employees within a bargaining unit as set forth in this section shall assume representation of the unit at the expiration of the bargaining agreement then in effect.
J. 
Any employee transferred from one bargaining unit to another as a result of adoption of this section shall maintain his or her existing pay and benefits until the expiration of the collective bargaining agreement of the bargaining unit into which the employee is transferred. However, such employee shall be entitled to all pay and benefit increases granted to a like classified employee of the employee's former bargaining unit.
K. 
No employee, as a result of passage of this section, shall be required to transfer from a pension plan of which he or she is currently a member to another without the employee's consent.
(AO No. 88-76; AO No. 142-76; AO No. 84-207; AO No. 86-7; AO No. 86-55; AO No. 88-131(S); AO No. 88-62; AO No. 89-46(S-1); AO No. 94-100, § 1, 1-24-1994; AO No. 95-152, § 1, 7-7-1995; AO No. 2001-170, § 2, 10-30-2001; AO No. 2002-76, §§ 1, 2, 7-16-2002; AO No. 2015-23(S), § 17, 3-24-2015; AO No. 2024-68(S-2), § 1, 11-15-2024)
A. 
The chief of police may appoint special police officers to serve specific functions for a specified period of time under the supervision of the chief of police. No person shall perform the duties of a special police officer unless expressly directed to do so by the chief of police.
B. 
The chief of police may, with the concurrence of the fire chief, appoint qualified fire investigators as special police officers. Appointees shall be under the authority and control of the fire chief, but their continuing qualification and appointment as a special police officer shall be controlled by the chief of police.
(AO No. 91-173(S); AO No. 95-148, § 2, 7-25-1995; AO No. 2002-76, § 2, 7-16-2002; AO No. 2003-109, § 7, 9-9-2003)
No matter related to post retirement medical coverage for active or retired police officers or firefighters shall be subject to the provisions of this chapter and negotiations on the subject of retiree medical coverage are prohibited for all such individuals in legislated pension plans and any employee organizations on their behalf.
(AO No. 94-95, § 2, 5-24-1994; AO No. 94-116, § 1(3.70.196), 1-1-1995[1])
[1]
Editor's note — The amendment to subsection A of this section adopted in AO No. 94-116 provided that it shall apply to fire employees and to police employees effective 1-1-1995, whether their current labor agreements are extended or not.
If any provision of this chapter or application thereof to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid application or provision, and to this end each such invalid provision or invalid application of this chapter is severable, unless otherwise provided by this chapter. It is hereby declared to be the legislative intent of the municipal assembly that this chapter would have been adopted had any such invalid provision or application not been included.
(AO No. 88-148)