[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:
The Local Public Employment Relations Board created by § 39-5 of this article.
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.
The Town Attorney.
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:
Membership in which is prohibited by § 105 of the Civil Service
Law of the State of New York;
Which discriminates with regard to the terms or conditions of membership
because of race, color, creed or national origin; or
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.
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.
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.
Salaries, wages, hours and other terms and conditions of employment.
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.
A.
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.
B.
Members of the Board shall hold no other public office
or public employment.
C.
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.
D.
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:
(1)
To establish procedures to resolve disputes concerning
the representation status of employee organizations.
(2)
To resolve, pursuant to such procedures, disputes concerning
the representation status of employee organizations of employees of the Town
of Clarence.
(3)
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]
(4)
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.
(5)
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.
(6)
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:
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 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.
(3)
The unit shall be compatible with the joint responsibilities
of the Town and its employees to serve the interest of the public.
(4)
The recommendations of the Supervisor, the Town Board
and the employee organizations as to the definition of the appropriate unit.
B.
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.
C.
Certify or recognize an employee organization upon:
(1)
The determination that such organization represents the
group of Town employees it claims to represent; and
(2)
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:
A.
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]
B.
To membership dues deduction upon presentation of dues-deduction-authorization
cards signed by individual employees.
C.
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]
A.
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.
B.
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.
C.
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
A.
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.
B.
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.
C.
Proceedings in the event of violations.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
In determining whether an employee organization has violated Subsection A of this section, said Board shall consider:
(a)
Whether the employee organization called the strike or
tried to prevent it.
(b)
Whether the employee organization made or was making
efforts in good faith to terminate the strike.
(c)
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.
(6)
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.
