[HISTORY: Adopted by the Town Board of the Town of Clarence as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-6-1967 by L.L. No. 2-1967]
The Town Board of the Town of Clarence hereby finds and declares that it is in the best interests of the citizens of the Town and the employees of the Town of Clarence 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 added by Chapter 392 of the Laws of 1967, by establishing local provisions and procedures with respect to the determination of the representation status of employees' organizations and the resolution of disputes in the course of collective negotiations with such organizations. It is the purpose of said Act and the local provisions and procedures herein established to promote a harmonious and cooperative relationship between the Town government and its employees 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.
As used in this article, the following terms shall have the meanings indicated:
- BUDGET SUBMISSION DATE
- The date by which a proposed budget of the Town or a budget containing proposed expenditures applicable to the Town must be submitted to the Town Board for final action.
- CHIEF LEGAL OFFICER
- The Town Attorney.
- 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:
- A. Membership in which is prohibited by § 105 of the Civil Service Law of the State of New York;
- B. Which discriminates with regard to the terms or conditions of membership because of race, color, creed or national origin; or
- C. Which, in the case of public employees who hold positions by appointment or employment in the service of the Board and who are excluded from the application of this article by rules and regulations of the Board, admits to membership or is affiliated directly or indirectly with an organization which admits to membership persons not in the service of the Board for purposes of any provisions of this article other than §§ 39-9 and 39-10.
- MEMBERSHIP DUES DEDUCTION
- The obligation or practice of the Town 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 to transmit the sums so deducted to an employee organization.
- PUBLIC EMPLOYEE
- Any person holding a position by appointment or employment in the service of the Town of Clarence.
- Any strike or other concerted stoppage of work or slowdown by public employees.
- TERMS AND CONDITIONS OF EMPLOYMENT
- Salaries, wages, hours and other terms and conditions of employment.
- TOWN or TOWN BOARD
- The Town of Clarence, New York.
Public employees of the Town of Clarence shall have the right to form, join and participate in or to refrain from forming, joining or participating in any employee organization of their own choosing.
Public employees shall have the right to be represented by employee organizations to negotiate collectively with the Town in the determination of their terms and conditions of employment and the administration of grievances arising thereunder. The terms "employee organization" and "terms and conditions of employment," as used in this section, shall have such meanings as are defined in § 201 of Article 14 of the Civil Service Law, as added by Chapter 392 of the Laws of 1967.
There is hereby created a Board to be known as the "Local Public Employment Relations Board of the Town of Clarence." Said Board shall consist of three members to be appointed by the Supervisor, subject to confirmation by the Town Board. Not more than two members of the Board shall be members of the same political party. Said members shall be appointed for terms of six years, except that, of the members first appointed, one shall be appointed for a term of two years, one for a term of four years and one for a term of six years. The aforesaid Board shall choose a Chairman from among its members. A vacancy shall be filled in the same manner as the original appointment for the unexpired term.
Members of the Board shall hold no other public office or public employment.
The members of such Board shall receive such compensation as may be provided by the Town Board. Nothing herein shall be construed to require the Town Board to provide compensation for such members, however. Said Board shall appoint such officers and employees as may be provided by the Town Board, except as hereinafter provided.
In addition to the powers and functions as may be provided by law or elsewhere in this article, said Board shall have the following powers and functions:
To establish procedures to resolve disputes concerning the representation status of employee organizations.
To resolve, pursuant to such procedures, disputes concerning the representation status of employee organizations of employees of the Town of Clarence.
To conduct studies of problems involved in representation and negotiation, including but not limited to whether employee organizations are to be recognized as representatives of their members only or are to have exclusive representation for all employees in the bargaining unit and those subjects which are open to negotiation in whole or in part.
[Amended 7-22-1992 by L.L. No. 1-1992]
The establish, after consulting representatives of employee organizations, the Supervisor and the Town Board, panels of qualified persons broadly representative of the community and, as far as practicable, who are versed in the field of labor relations to be available to serve as mediators or members of fact-finding boards.
To hold such hearings and make such inquiries as it deems necessary for the Board properly to carry out its functions and powers. For the purpose of such hearings and inquiries, the members of such Board shall have the power to administer oaths and affirmations and to compel the attendance of witnesses and the production of books and papers.
To make, amend and rescind, from time to time, such rules and regulations, including but not limited to those governing its internal organization and the conduct of its affairs, and to exercise such other powers as may be appropriate to effectuate the purposes and provisions of this article.
For purposes of resolving disputes concerning representation status, the Local Public Employment Relations Board of the Town of Clarence shall:
Define the appropriate employer-employee negotiating unit, taking into account the following standards:
The definition of the unit shall correspond to a community of interest among the employees to be included in the unit.
The department officials at the level of the unit shall have the power to make effective recommendations to department heads or, in the case of a department head, to the Supervisor and the Town Board with respect to the terms and conditions of employment upon which the employees desire to negotiate.
The unit shall be compatible with the joint responsibilities of the Town and its employees to serve the interest of the public.
The recommendations of the Supervisor, the Town Board and the employee organizations as to the definition of the appropriate unit.
Ascertain the Town employees' choice of employee organization as their representative, in those cases where agreement has not been reached on the means to ascertain the choice, on the basis of dues-deduction authorization and other evidence or, if necessary, by conducting an election.
Certify or recognize an employee organization upon:
The determination that such organization represents the group of Town employees it claims to represent; and
As provided in § 207, Subdivision 3(b), of the Civil Service Law, 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.
The Town of Clarence shall extend to an employee organization certified or recognized pursuant to this article the following rights:
To represent the employees in negotiations and in the settlement of grievances in accordance with the personnel procedure established under Article 15-C of the General Municipal Law.
[Amended 7-22-1992 by L.L. No. 1-1992]
To membership dues deduction upon presentation of dues-deduction-authorization cards signed by individual employees.
To unchallenged representation status until the next succeeding budget submission date and thereafter for an additional period of either twelve (12) months or, if the parties so agree, not less than twelve (12) months nor more than twenty-four (24) months, which period shall commence one hundred twenty (120) days prior to such next succeeding budget-submission date. The term "budget-submission date," as used herein, shall be the date for the filing of the Town preliminary budget by the Town Board as provided in Town Law § 106.
[Amended 7-22-1992 by L.L. No. 1-1992]
For purposes of this section, an impasse may be deemed to exist if the parties fail to achieve agreement at least sixty (60) days prior to the aforesaid budget submission date.
The Town may enter into written agreements with recognized or certified employee organizations setting forth procedures to be invoked in the event of disputes which reach an impasse in the course of collective negotiations. In the event that such procedures fail to solve the impasse or in the event that no such written agreement is entered into, either the Town or the organization, or both, may request the Local Public Employment Relations Board of the Town of Clarence to render assistance as hereinafter provided.
On request of either party and in the event that said Board determines that an impasse exists in collective negotiations between such employee organization and the Town as to the conditions of employment, the Board shall render assistance as follows:
To assist the parties to effect a voluntary resolution of the dispute, the Board shall appoint a mediator or mediators representative of the public from the list of qualified persons maintained by the Board as provided in § 39-5 hereof.
If the impasse continues, the Board shall appoint a fact-finding board of not more than three (3) members, each representative of the public, from the list of qualified persons maintained by the Board as provided in § 39-5 hereof, which fact-finding board shall have, in addition to the powers delegated to it by the Board, the power to make public recommendations for the resolution of the dispute.
If the dispute is not resolved at least fifteen (15) days prior to the budget submission date, the fact-finding board, acting by a majority of its members, shall immediately transmit its findings of fact and recommendations for resolution of the dispute to the Supervisor and to the employee organization involved and shall simultaneously make public such findings and recommendations.
In the event that the findings of fact and recommendations are made public by a fact-finding board established pursuant to procedures agreed upon by the parties under Subsection B of this section and the impasse continues, the Local Public Employment Relations Board shall have the power to take whatever steps it deems appropriate to resolve the dispute, including the making of recommendations after giving due consideration to the findings of fact and recommendations of such fact-finding board, but no further fact-finding board shall be appointed.
In the event that either the Town or the employee organization does not accept in whole or in part the recommendations of the fact-finding board, the Supervisor shall, within five (5) days after receipt of the findings of fact and recommendations of the fact-finding board, submit to the Town Board a copy of the findings of fact and recommendations of the fact-finding board, together with his recommendations for settling the dispute; and the employee organization may also submit to the Town Board its recommendations for settling the dispute.
No employee of the Town of Clarence or employee organization shall engage in a strike, and no employee organization shall cause, instigate, encourage or condone a strike.
Any employee of the Town who violates the aforesaid provision of this section shall be subject to the disciplinary penalties provided by law for misconduct, in accordance with procedures established by law.
Proceedings in the event of violations.
An employee organization which is determined by the Local Public Employment Relations Board of the Town of Clarence to have violated the provisions of Subsection A of this section shall, in accordance with the provisions of this section, lose the rights granted pursuant to the provisions of § 39-7B of this article.
In the event of a violation of Subsection A of this section, it shall be the duty of the Supervisor of the Town forthwith to so notify the Local Public Employment Relations Board, the Town of Clarence and the Town Attorney and to provide said Board and the Town Attorney with such facilities, assistance and data as will enable said Board and the Town Attorney to carry out their duties under this section.
In the event of a violation of Subsection A of this section, the Town Attorney, or the local Public Employment Relations Board of the Town of Clarence on its own motion, shall forthwith institute proceedings before the Local Public Employment Relations Board of the Town of Clarence to determine whether such employee organization has violated the provisions of Subsection A of this section.
Proceedings against an employee organization under this section shall be commenced by service upon it of a written notice, together with a copy of the charges. The employee organization shall have eight (8) days within which to serve its written answer to such charges. The hearing of the Local Public Employment Relations Board of the Town of Clarence shall be held promptly thereafter, and at such hearing the parties shall be permitted to be represented by counsel and to summon witnesses in their behalf. Compliance with the technical rules of evidence shall not be required.
In determining whether an employee organization has violated Subsection A of this section, said Board shall consider:
Whether the employee organization called the strike or tried to prevent it.
Whether the employee organization made or was making efforts in good faith to terminate the strike.
Whether, if so alleged by the employee organization, the Town or its representative engaged in such acts of extreme provocation as to detract from the responsibility of the employee organization for the strike.
If said Board determines that an employee organization has violated the provisions of Subsection A of this section, said Board shall order forfeiture of the rights granted pursuant to the provisions of § 39-7B of this article for a specified period of time, as the Board shall determine, but in no event to exceed eighteen (18) months; provided, however, that where a fine imposed on an employee organization pursuant to Subdivision 2 of § 751 of the Judiciary Law remains wholly or partly unpaid after the exhaustion of the cash and securities of the employee organization, said Board shall direct that, notwithstanding such forfeiture, such membership-dues deduction shall be continued to the extent necessary to pay such fine, and the Town shall transmit such moneys to the court.
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, as added by Chapter 392 of the Laws of 1967, and if so approved, this article shall become effective immediately upon such approval.
[Adopted 1-21-2004 by L.L. No. 1-2004]
On and after the effective date of this article, it shall be the duty of each employee of the Town of Clarence during the period of his or her employment by the Town to maintain his or her residence or dwelling within the corporate limits of the Town. The provisions of this section shall not apply to any employee during a leave of absence duly granted nor to an employee principally engaged in Town activities outside the corporate limits of the Town.
Any employee who, on the effective date of this article, does not maintain his or her residence or dwelling within the corporate limits of the Town shall, within the period of one year from the effective date, maintain a residence or dwelling within the corporate limits of the Town.
If the Clarence Town Board, after investigation, determines that enforcement of the provision of this article works an undue hardship upon any employee, it may grant relief to such employee as the Board, in its judgment, deems just and proper.
Failure of any employee to comply with any of the provisions of this article shall constitute misconduct and shall be cause for removal in the manner provided by law and pursuant to the Town of Clarence Town Policy.
Provisions of this article shall not apply to elected officials or other employees whose residence requirements are established by law.