[Ord. No. 2103, § 1, 5-13-2009]
Any labor organization designated to represent employees of
the city is to submit a specific, written description of the bargaining
unit sought, together with specific exclusions to the city via certified
mail addressed to the mayor.
(a) Within fourteen (14) days of receipt, the mayor shall appoint a three
(3) person personnel committee (from among the members of the board
of aldermen) which shall consider the appropriateness of the requested
unit and either:
(2)
Send the description back to the labor organization for further
specificity, or
(3)
Reject the unit as being inappropriate with specific, written
reasons for the rejection.
(b) The affected labor organization can either accept the personnel committee's
decision regarding the bargaining unit or appeal to the board of aldermen
within fourteen (14) days of the date of the committee's decision.
(c) The appeal must be sent via certified mail and must be received by
the board of aldermen within fourteen (14) days after the initial
decision is issued. The board of aldermen's decision with respect
to the appropriateness of the bargaining unit shall be final and binding.
(d) In evaluating the appropriateness of the proposal bargaining unit,
board of aldermen may consider, but is not bound by, precedent from
other cities, other states and/or under the National Labor Relations
Act.
[Ord. No. 2103, § 2, 5-13-2009]
(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.
(b) No labor organization will be recognized as representing any employee,
by any other means.
(c) The election will be held by secret ballot. The ballot will be on
a form substantially similar to the form utilized by the National
Labor Relations Board for conducting union elections.
(d) The election will be conducted by either the Federal Mediation Conciliation
Service or by the Missouri Department of Labor (or their designee).
In the event that both the Federal Mediation and Conciliation Service
and the Missouri Department of Labor decline to conduct the election,
the board of aldermen will select an arbitrator to conduct the election
by requesting a panel of five (5) arbitrators from the Federal Mediation
and Conciliation Service and then selecting one (1) of the arbitrators
from the list to conduct the election.
(e) 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.
(f) Any disputes concerning the election must be referred for decision
to the board of aldermen for consideration within seven (7) days of
the election. The decision of the board of aldermen on such disputes
will be final and binding.
(g) 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.
(h) After the results of the election becoming final, if a majority of
the members of the bargaining unit voted to be represented by the
labor organization, the board of aldermen will recognize the labor
organization as representing the employees of the bargaining unit.
(i) 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 (12) month period.
(j) 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 board of aldermen. Upon receipt of such a petition, the board
of aldermen will designated a three (3) person committee (made up
of members of the board) to investigate the veracity of the petition.
If the personnel committee determines that the petition to revoke
representation is authentic, they will so report to the board of aldermen,
which shall then revoke recognition of the labor organization.
[Ord. No. 2103, § 3, 5-13-2009]
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, the department affected 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 mutual
satisfactory proposed collective bargaining agreement to be submitted
to the board of aldermen for approval.
(a) If the department and the labor organization reach agreement on a
proposed collective bargaining agreement, the proposal agreement will
be submitted to the board of aldermen as an agenda item for consideration
on their next scheduled meeting. At that meeting, the board of aldermen
will approve, reject or hold the proposed collective bargaining agreement
open for further discussion.
(b) If the department and the labor organization cannot reach an agreement
on the terms of a proposed collective bargaining agreement after substantial
negotiations, the department representative may unilaterally submit
its proposed collective bargaining agreement to the board of aldermen
for consideration as set forth above.
(c) The decision of the board of aldermen with regard to approving or
rejecting a proposed collective bargaining agreement shall be final
and binding.
[Ord. No. 2103, § 4, 5-13-2009]
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 shall be prohibited.