[Adopted 12-5-1967 by Ord. No. 45-1967]
As used in this article, the following terms
shall have the meanings indicated:
The City of Cohoes.
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 which discriminates
with regard to the terms or conditions of membership because of race,
color, creed, national origin or political affiliation or lack thereof.
Any person holding a position by appointment or employment
in the service of the City of Cohoes, including policemen and firemen.
Salaries, wages, hours and other terms and conditions of
employment.
[Amended 10-10-1972 by Ord. No. 132-1972; 11-28-2000 by L.L. No. 11-2000]
The Board of Managers is hereby empowered, designated
and directed to represent the City of Cohoes in each and every employer-employee
negotiating unit, as hereinafter set forth:
A.
The Board of Managers is authorized and directed to
do everything necessary and proper in carrying out the rights, duties
and responsibilities of the City of Cohoes in its relationship with
the employees of said City as imposed by Chapter 392 of the Laws of
the State of New York as enacted in 1967. Such rights and duties shall
include, but not be limited to, negotiating collectively and entering
into written agreements with employee organizations with regard to
terms and conditions of employment of the employees of the City of
Cohoes. Said collective bargaining agreements are subject to the approval
and ratification by resolution of the Common Council.
B.
The Board of Managers is hereby empowered to establish procedures not inconsistent with § 56-2C(3) hereof and, after consultation with interested employee organizations and administrators of public service, to resolve disputes concerning the representation status of organizations of employees of the City of Cohoes.
C.
For purposes of resolving disputes concerning representation status, pursuant to § 56-2B hereof, the Board of Managers shall:
(1)
Define the appropriate employee negotiating unit,
taking into account the following standards:
(2)
Ascertain 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 a secret election conducted by the Cohoes
Civil Service Commission, assisted by the members of the Cohoes Clergy,
and thereby determining which organization represents a majority of
a group of public employees it claims to represent.
(3)
Certify or recognize an employee organization upon:
(a)
Determination that such organization represents that
group of public employees it claims to represent; and
(b)
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 any such strike, and that it does not deny
membership in such organization nor shall any member be expelled therefrom
because of race, creed, color, national origin, political affiliation
or lack of political affiliation.
D.
The City of Cohoes, acting through its Board of Managers
shall extend to an employee organization certified or recognized pursuant
to this article, the following rights:
(1)
Representation of the employees in negotiations and
in the settlement of grievances.
(2)
Deduction of membership dues, upon presentation of
dues deduction authorization cards signed by individual employees.
(3)
Status of unchallenged representation until the next
succeeding budget submission date and, thereafter, for an additional
period of either 12 months or, if the parties so agree, not less than
12 months nor more than 24 months, which period shall commence 120
days prior to such next succeeding budget submission date.
E.
The Board of Managers is hereby empowered to name
and designate such other City officials and/or employees as it deems
necessary to aid said Board in carrying out the duties and responsibilities
imposed upon said Board by this article. Said City officials and/or
employees may be directed by the Board of Managers to assist it in
its negotiations with any and all employee organizations. Said City
officials and/or employees may be directed by the Board of Managers
to attend and participate in any and all negotiations with employee
organizations including negotiations with regard to terms and conditions
of employment. The City officials and/or employees as designated by
the Board of Managers as provided herein, shall act solely in an advisory
capacity and shall not be considered a member of the Board of Managers
nor shall said officials and/or employees be entitled to any vote
while serving in said advisory capacity.[1]
[1]
Editor's Note: Former Subsection F, which
dealt with specific persons named to represent the City in its contract
negotiations, as added 9-29-1977 by Ord. No. 97-1977 and which immediately
followed this subsection, was deleted 12-10-1996 by L.L. No. 4-1996.
