City of Republic, MO
Greene County
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Table of Contents
Table of Contents
[Ord. No. 14-01 §1, 1-27-2014]
All employees of the City shall be covered by this Article for the exercise of their collective bargaining rights.
[Ord. No. 14-01 §1, 1-27-2014]
The City Administrator shall have the authority by administrative order to adopt rules, regulations and forms and to from time to time amend or repeal such rules and regulations as he/she deems necessary to carry out the provisions of this Article and to be in compliance with requirements of law. Administrative orders are to be used primarily for but are not limited to procedural or process matters.
[Ord. No. 14-01 §1, 1-27-2014]
A. 
A petition for certification (or a representation petition) may be filed by an employee, a group of employees, a labor organization, or the employer alleging that one (1) or more labor organizations have presented a claim to be recognized as the exclusive bargaining representative of a majority of the employees in an appropriate bargaining unit. Any petition seeking designation of a bargaining agent to represent employees of the City must contain a specific, written description of the bargaining unit sought, together with specific exclusions via certified mail to the City Clerk addressed to the City Administrator. Upon submission of a petition, the petition shall be reviewed pursuant to the following procedures:
1. 
The petition must be accompanied by a showing of interest of not less than forty-five percent (45%) of the employees in the unit alleged to be appropriate. Any evidence submitted as a showing of interest must contain legible signatures, and each signature must be dated by the employees.
2. 
Upon the filing of any petition, within fourteen (14) days of receipt, the City Administrator shall appoint a three-person Recognition Committee (consisting of the City Administrator or his or her designee and two (2) members appointed from among the members of the public or City staff). The Recognition Committee shall investigate the petition to determine the facts. The Recognition Committee shall determine whether or not a valid question concerning representation of employees exists in a prima facie appropriate unit.
3. 
If the Recognition Committee determines the evidence submitted meets the appropriate level of a showing of interest, the Committee shall order an election be conducted to determine whether employees in the petitioned-for unit desire exclusive representation by the petitioning labor organization for purposes of collective bargaining. The order shall contain the date of the election and set forth the date of eligibility for purposes of voting in the election.
4. 
If the Recognition Committee determines that there is reasonable cause to believe that there are unresolved issues relating to the question concerning representation of employees, the City Administrator or his or her designee shall set the matter for hearing before the Recognition Committee, which shall consider the appropriateness of the requested unit and on the behalf of the City take one of the below actions:
a. 
Agree to the unit;
b. 
Send the description back to the labor organization for further specificity, or
c. 
Reject the unit as being inappropriate with specific written reasons for rejection. All parties shall be given a minimum of fourteen (14) days' notice of the hearing.
B. 
The labor organization submitting the application can either accept the Recognition Committee's decision regarding the bargaining unit or appeal to the City Council within fourteen (14) days of the date of the Committee's decision.
C. 
Any appeal taken pursuant to Subsection B above must be sent via certified mail and must be received by the City Clerk within fourteen (14) days after the Recognition Committee's decision is issued. The City Council decision with respect to the appropriateness of the bargaining unit shall be final and binding.
D. 
In evaluating the appropriateness of the proposed bargaining unit, the City Council may consider, but is not bound by, precedent from other cities, other states and/or the National Labor Relations Act and administrative orders entered by the City Administrator.
[Ord. No. 14-01 §1, 1-27-2014]
A. 
Within forty-five (45) days after establishing the appropriate bargaining unit, there will be a secret ballot election to determine whether the majority of employees in the bargaining unit want to be represented by the labor organization for purposes of collective bargaining. Notice of the election shall be given pursuant to rules established by administrative order.
B. 
The City Administrator or his or her designee shall conduct the election according to rules established in an administrative order.
C. 
Each of the interested parties, including the City Administrator, may designate an observer for the poll. Unless otherwise stipulated by the parties, observers must be non-supervisory employees of the public employer.
D. 
Any observer or authorized officer may challenge an employee's eligibility to vote pursuant to procedures established by administrative order.
E. 
No labor organization will be recognized as representing any employee by any other means.
F. 
The election will be held by secret ballot. The ballot may be on a form substantially similar to the form utilized by the National Labor Relations Bond for conducting union election, or as follows:
Shall [insert name of petitioning labor organization here] be recognized as the bargaining agent for the employees of the [describe bargaining unit as recognized by the City]?
____YES
____NO
G. 
After the election has concluded, the person conducting the election will immediately and publicly count the ballots and issue a report on election indicating how many ballots were cast for representation by the labor organization and how many votes were cast against representation.
H. 
Any disputes concerning the election must be referred for decision to the Recognition Committee for consideration within seven (7) days of the election. The decision of the Recognition Committee on such disputes will be final and binding.
I. 
If there is no dispute concerning the election, then the results of the election will become final seven (7) days after the report on election is issued.
J. 
After the results of the election become final, if a majority of the members of the bargaining unit voted to be represented by the labor organization, the City will recognize the labor organization as representing the employees of the bargaining unit.
K. 
No labor organization may seek to represent any bargaining unit (or portion of any bargaining unit) by secret ballot election more than once in any consecutive twelve-month period.
L. 
In the event that the majority of the employees in a designated bargaining unit determine that they no longer wish to be represented by a recognized labor organization, they may revoke their designation of the labor organization by tendering a signed and dated petition for revocation to the City Administrator. Upon receipt of such a petition, the City Administrator will designate a three-person Recognition Committee (consisting of the City Administrator or his or her designee and two (2) members appointed from among the public or City staff) to determine if the petition to revoke representation is authentic. Upon the report of the Recognition Committee, if the petition is determined to be authentic, an election shall be ordered using substantially the same election procedure set forth in this Section for establishing a collective bargaining unit.
[Ord. No. 14-01 § 1, 1-27-2014]
A. 
In the event that the majority of members of the bargaining unit vote to be represented by the labor organization for purposes of collective bargaining, a City negotiator, designated by the City Administrator, will meet with the labor organization to confer and discuss wages, benefits and other terms and conditions of employment with the goal of reaching a mutually satisfactory proposed collective bargaining agreement to be submitted to the City Council for approval.
1. 
If the City negotiator and the labor organization reach agreement on a proposed collective bargaining agreement, the proposed agreement will be submitted to the City Council as an agenda item for consideration on its next scheduled meeting. At that meeting, the City Council will approve, reject or hold the proposed collective bargaining agreement open for further discussion.
2. 
If the City negotiator and the labor organization cannot reach an agreement on the terms of a proposed collective bargaining agreement after substantial negotiations, the City negotiator may unilaterally submit the City negotiator's proposed collective bargaining agreement to the City Council for consideration as set forth in Subsection (A)(1) above.
3. 
The decision of the City Council with regard to approving or rejecting a proposed collective bargaining agreement shall be final and binding.
[Ord. No. 14-01 § 1, 1-27-2014]
In accordance with Section 105.530, RSMo., strikes and other unlawful conduct by any employee, whether individually or in concert with others (including sympathy, unfair labor practice or wildcat strikes), sit-downs, slow-downs, work stoppages, boycotts, any acts honoring a picket line, or any other acts that interfere with the City's operations are prohibited.