[Amended 8-26-1969; 9-28-1971]
The Town Board of the Town of North Hempstead hereby finds and declares
that it is in the best interests of the citizens of the town and the employees
of the Town of North Hempstead government to provide for the effective implementation
of the requirements of the Public Employees' Fair Employment Act, as set forth
in Article 14 of the Civil Service Law, as last amended by Chapters 503 and
504 of the Laws of 1971, by establishing local provisions and procedures with
respect to the determination of the representation status of employee organizations
and the resolution of disputes in the course of collective negotiations with
such organizations. It is the purpose of the said Act and the local provisions
and procedures herein established to promote a harmonious and cooperative
relationship between the town government and its employees by encouraging
such employee organizations and the town government to agree upon procedures
for resolving disputes, and to protect the public by assuring, at all times,
the orderly and uninterrupted operations and functions of town government.
With this end in view, this Town Board also creates, as hereinafter provided,
a local Public Employment Relations Board and establishes herein further procedures
relating to the prohibition against strikes by public employees as provided
in said Act.
[Added 11-29-1977 by L.L.
No. 9, 1977]
As used in this chapter, the following terms shall have the meanings
indicated:
AGENCY SHOP FEE DEDUCTION
The obligation or practice of the Town of North Hempstead to deduct
from the salary of a public employee who is not a member of the certified
or recognized employee organization which represents such employee for the
purpose of collective negotiations conducted pursuant to this chapter an amount
equivalent to the amount of dues payable by a member. Such term also means
the obligation or practice of the Town of North Hempstead to transmit the
sums so deducted to an employee organization.
AGREEMENT
The result of the exchange of mutual promises between the Chief Executive
Officer of the Town of North Hempstead and an employee organization, which
becomes a binding contract for the period set forth therein, except as to
any provisions therein which require approval by the Town Board of the Town
of North Hempstead; and, as to those provisions, it shall become binding when
the Town Board gives its approval.
DUTY TO BARGAIN OR NEGOTIATE COLLECTIVELY
The performance of the mutual obligation of the Town of North Hempstead
and a recognized or certified employee organization to meet at reasonable
times and confer in good faith with respect to wages, hours and other terms
and conditions of employment or the negotiation of an agreement, or any question
arising thereunder, and the execution of a written agreement incorporating
any agreement reached if requested by either party, but such obligation does
not compel either party to agree to a proposal or require the making of a
concession.
EMPLOYEE ORGANIZATION
An organization of any kind having as its primary purpose the improvement of terms and conditions of employment of public employees, except that such term shall not include an organization in which membership is prohibited by §
105 of the Civil Service Law or which discriminates with regard to the terms or conditions of membership because of race, color, creed or national origin.
MEMBERSHIP DUES DEDUCTION
The obligation or practice of the Town of North Hempstead to deduct
from the salary of a public employee, with his consent, an amount for the
payment of his membership dues in an employee organization. Such term also
shall mean the obligation or practice of the Town of North Hempstead to transmit
the sums so deducted to an employee organization.
TERMS AND CONDITIONS OF EMPLOYMENT
Salaries, wages, hours, agency shop fee deduction and other terms
and conditions of employment; provided, however, that such term shall not
include any benefits provided by or to be provided by a public retirement
system, or payments to a fund or insurer to provide an income for retirees
or payment to retirees or their beneficiaries. No such retirement benefits
shall be negotiated pursuant to this chapter, and any benefits so negotiated
shall be void.
[Amended 9-28-1971; 11-29-1977
by L.L. No. 9, 1977]
Employees of the Town of North Hempstead shall have the right to form, join and participate in any employee organization of their own choosing. The term "employees" as used herein shall mean those persons holding a position by appointment or employment in the service of the Town of North Hempstead, except that such term shall not include, for the purposes of this chapter (other than §
16-8), persons who may reasonably be designated from time to time as managerial or confidential upon application of the Town of North Hempstead to the Public Employment Relations Board of the Town of North Hempstead in accordance with procedures established pursuant to §
16-4 of this chapter, which procedures shall provide that any such designations made during a period of unchallenged representation pursuant to §
16-6B of this ordinance shall only become effective upon the termination of such period of unchallenged representation.
A. Employees may be designated as managerial only if they
are persons who:
(2) May reasonably be required on behalf of the Town of North
Hempstead to assist directly in the preparation for and conduct of collective
negotiations or to have a major role in the administration of agreements or
in personnel administration, provided that such role is not of a routine or
clerical nature and requires the exercise of independent judgment.
B. Employees may be designated as confidential only if they are persons who assist and act in a confidential capacity to managerial employees described in §
16-2A(2).
[Amended 1-16-1968]
For the purposes of resolving disputes concerning representation status,
the Public Employment Relations Board of the Town of North Hempstead shall:
A. Define the appropriate employer-employee negotiating
unit, taking into account the following standards:
(1) The definition of the unit shall correspond to a community
of interest among the employees to be included in the unit.
(2) The departmental officials at the level of the unit shall
have the power to make effective recommendations to their departmental heads
or, in the case of a departmental head, to the Supervisor and the Town Board,
with respect to the terms and conditions of employment upon which the employees
desire to negotiate.
(3) The unit shall be compatible with the joint responsibilities
of the town and its employees to serve the interests of the public.
B. Ascertain the public employees' choice of employee organization
as their representative (in cases where the parties to a dispute have not
agreed on the means to ascertain the choice, if any, of the employees in the
unit) on the basis of dues deduction authorization and other evidences or,
if necessary, by conducting an election.
C. Certify an employee organization upon:
(1) The determination that such organization represents that
group of town employees it claims to represent.
(2) The affirmation by such organization that it does not
assert the right to strike against any government, to assist or participate
in any such strike or to impose an obligation to conduct, assist or participate
in such a strike, as provided in § 207(3)(b) of the Civil Service
Law.
[Amended 9-28-1971; 11-29-1977
by L.L. No. 9, 1977]
A. The Town of North Hempstead shall extend to an employee
organization certified or recognized pursuant to this chapter the right:
(1) To represent the employees in negotiations, notwithstanding
the existence of an agreement with an employee organization that is no longer
certified or recognized, and in the settlement of grievances.
(2) To membership dues deduction, upon presentation of dues
deduction authorization cards signed by individual employees.
B. An employee organization certified or recognized pursuant
to this chapter shall be entitled to unchallenged representation status until
seven (7) months prior to the expiration of a written agreement between the
Town of North Hempstead and said employee organization determining terms and
conditions of employment. For the purposes of this subsection:
(1) Any such agreement for a term covering other than the
fiscal year of the Town of North Hempstead shall be deemed to expire with
the fiscal year ending immediately prior to the termination date of such agreement.
(2) Any such agreement having a term in excess of three (3)
years shall be treated as an agreement for a term of three (3) years.
(3) Extensions of any such agreement shall not extend the
period of unchallenged representation status.
C. Notwithstanding provisions of and restrictions of §
16-2 of this chapter, § 93-6 of the General Municipal Law and § 6-a of the State Finance Law, every employee organization that has been recognized or certified as the exclusive representative of employees of the Town of North Hempstead shall be entitled to negotiate as part of any agreement entered into pursuant to this chapter to have deducted from the wage or salary of employees of such negotiating unit who are not members of said employee organization the amount equivalent to the dues levied by such employee organization, and the fiscal or disbursing officer of the Town of North Hempstead shall make such deductions and transmit the sum so deducted to such employee organization; provided, however, that the foregoing provisions of this subsection shall only be applicable in the case of an employee organization which has established and maintained a procedure providing for the refund to any employee demanding the return of any part of an agency shop fee deduction which represents the employee's pro rata share of expenditures by the organization in aid of activities or causes of a political or ideological nature only incidentally related to terms and conditions of employment.
[Amended 1-16-1968; 8-26-1969; 9-28-1971]
A. Orders of the Public Employment Relations Board of the
Town of North Hempstead made pursuant to this chapter shall be deemed to be
final against all parties to its proceedings and persons who have had an opportunity
to be parties to its proceedings unless reversed or modified in proceedings
for enforcement of judicial review as hereinafter provided. Such orders shall
be reviewable under Article 78 of the Civil Practice Law and Rules upon petition
filed by an aggrieved party within thirty (30) days after service by registered
or certified mail of a copy of such order upon such party, and enforceable
in a special proceeding, upon petition of such Board, by the Supreme Court.
[Amended 11-29-1977 by L.L.
No. 9, 1977]
B. Orders of the Board or its agents made pursuant to §
16-5A and
B of this chapter shall be reviewable only in a proceeding brought under Article 78 of the Civil Practice Law and Rules to review an order of the Board made pursuant to §
16-5C of this chapter.
[Amended 11-29-1977 by L.L.
No. 9, 1977]
C. If a proceeding by the Board for enforcement of its order
is instituted prior to the expiration of the period within which a party may
seek judicial review of such order, the respondent may raise in his answer
the questions authorized to be raised by § 7803 of the Civil Practice
Law and Rules and thereafter the proceedings shall be governed by the provisions
of Article 78 of the Civil Practice Law and Rules that are not inconsistent
herewith, except that if an issue specified in Question 4 of § 7803
of the Civil Practice Law and Rules is raised, the proceeding shall be transferred
for disposition to the Appellate Division of the Supreme Court. Where an issue
specified in Question 4 of § 7803 of the Civil Practice Law and
Rules is raised, either in a proceeding to enforce or review an order of the
Board, the Appellate Division of the Supreme Court, upon completion of proceedings
before it, shall remit a copy of its judgment or order to the court in which
the proceeding was commenced, which court shall have the power to compel compliance
with such judgment or order.
D. In a proceeding to enforce or review an order of the
Board, the court shall have power to grant such temporary relief or restraining
order as it deems just and proper and to make and enter a judgment or decree
enforcing, modifying and enforcing as so modified or setting aside in whole
or in part the order of the Board.
E. The failure to perform the duties required by §
16-8B and
C of this chapter and by § 211 of the Civil Service Law shall be reviewable in a proceeding under Article 78 of the Civil Practice Law and Rules by any taxpayer, as defined in §
102 of the Civil Service Law. Any such taxpayer shall also have standing to institute any action described in Subdivisions 1 and 2 of §
102 of the Civil Service Law.
[Amended 11-29-1977 by L.L.
No. 9, 1977]
[Added 9-28-1971;amended 11-29-1977 by L.L.
No. 9, 1977]
No managerial or confidential employee, as determined pursuant to §
16-2 of this chapter, shall hold office in or be a member of any employee organization which is or seeks to become, pursuant to this chapter, the certified or recognized representative of the employees employed by the Town of North Hempstead of such managerial or confidential employee.
[Amended 9-28-1971;11-29-77 by L.L. No.
9, 1977]
The provisions and procedures established herein shall be submitted
for approval to the New York State Public Employment Relations Board, as provided
in § 212 of the Civil Service Law, and if so approved, this chapter
shall become effective immediately upon such approval.
[Added 1-16-1968; amended 9-28-1971
A. Any provisions and procedures established herein may
be terminated by future chapter of the Town Board, and the termination of
such provisions and procedures shall become effective sixty (60) days after
the filing with the New York State Public Employment Relations Board of a
duly certified copy of such chapter terminating the applicability of any of
the provisions and procedures herein.
[Amended 11-29-1977 by L.L.
No. 9, 1977]
B. In the event of the termination of any of the provisions
and procedures set forth herein, public notice of the termination of any local
procedures involved shall be given at least forty-five (45) days prior to
the effective date of such termination by posting in a conspicuous place in
the Town Hall for not less than five (5) working days and inclusion in a public
advertisement in a local newspaper of general circulation for not less than
one (1) day.
C. No amendment to this chapter shall be effective until
the New York State Public Employment Relations Board finds that the provisions
and procedures, as amended, are substantially equivalent to the provisions
and procedures set forth in the Civil Service Law and the Rules of Procedure
of the New York State Public Employment Relations Board.
[Amended 11-29-1977 by L.L.
No. 9, 1977]