HomeMy WebLinkAbout106 of 1977 - A resolution establishing collective bargaining for Salt Lake City employees. '
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SALT'BAKE'GTYI CORPORATION:
OFFICE OF
MILDRED V. HIGHAM KATHERINE L. BARSNICK
CITY RECORDER CITY RECORDER CHIEF DEPUTY
200 CITY & COUNTY BUILDING MARILYN SMYTH
SALT LAKE CPIT. UTAH 84111 ADMINISTRATIVE SECRETARY
January 26, 1978
Honorable Jennings Phillips, Jr.
Commissioner of PublicAffairs
and Finance
211 City and County Building
Salt Lake City, Utah
Dear Commissioner Phillips:
The Board of City Commissioners, at its meeting today, approved your
motion as follows:
I move that the City Commission declare Monday, February 6,
1978, at 5:00 o'clock p.m., as the deadline for the filing of
petitions of clerical and technical employees of Salt Lake City
_ _ Corporation for Union representation. I further move that
said filing be made in the Office of the City Recorder, 200
City and County Building.
Yours truly,
/74/1"/L
City Recorder
ms
CC:
Attorney
Personnel
Mayor Wilson
Comm. Agraz
Comm. Greener
Comm. Hall
Files
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ROLL CALL •
VOTING' Aye
Salt Lake City,Utah, November 16 19- 77
M1 ••
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Mr.Chairman 11111.
1 move that the eso ution be adtd. �l
Agraz . . . f>
Hogensen ,®
Phillips
OLUTION
Result
WHEREAS, Board of Salt Lake City Commissioners has the power to
proscribe rules and regulations which are not inconsistent with the laws
of this State as it deems best for the efficient administration,
organization, operation and conduct of the business of the munici-
pality pursuant to authority granted in Section 10-3-815, Utah Code
Annotated 1953, as amended (Replace Volume 2A, 1977, pocket supp.) ;
and
WHEREAS, it is the determination that a more structured relation-
ship between the employees of Salt Lake City and management is desirable
to promote the harmonious and cooperative relationships between the
City government and its employees, both collectively and individually;
and
WHEREAS, it is the paramount right of the residents of this City
to keep inviolate the guarantees for their safety, health and v4lfare
by the orderly and uninterrupted operations of their government; and
WHEREAS, it is the intent and purpose of this Resolution to esta-
blish the format for employee organization relationships with City
government.
NOW, THEREFORE, it is hereby declared by the Board of Salt Lake
City Commissioners as follows:
1. DEFINITIONS. As used in this Resolution:
(a) The word "CITY" means Salt Lake City, a Utah municipal
corporation.
(b) The word "AGENCY" means any department, division, agency,
commission, board, council, committee, authority or other
institution of the City.
(c) The word "BOARD" means the governing body of the City.
(d) The words "TERMS AND CONDITIONS OF EMPLOYMENT" mean wages,
salaries, working conditions, hours or benefits, including
health, welfare and retirement, except as specifically
modified.
(e) "EMPLOYER" means Salt Lake City Corporation.
(f) The words "EMPLOYEE ORGANIZATION" mean any lawful association,
federation or other organization of employees having, as a
primary purpose, the representation of employees, as defined
in this Resolution, regarding their terms and conditions of
employment, but this shall not include any organization
(1) Which advocates the unlawful overthrow of the constitu-
tional form of government of the United States or this
State;
(2) Which discriminates with regard to terms or conditions
of membership because of race, creed, color, sex or
national origin;
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(3) Which purports to, or endeavors to discipline any City
employee, member or any public employee by any fine,
punishment or penalty other than cancellation of member-
ship in the employee organization;
(g) The words "EXCLUSIVE REPRESENTATIVE" or "EMPLOYEE REPRESENTA-
TIVE UNIT" or "CERTIFIED EMPLOYEE ORGANIZATION" mean a unit
established pursuant to Section 7 of this Resolution.
(h) The word "IMPASSE" means a deadlock in negotiation between
a Certified Employee Organization and the appropriate chief
executive officer over any matters required to be negotiated
in this Resolution, or over the scope of the subject matter
of negotiations.
(i) The words "LEGISLATIVE BODY" mean the Board of Salt Lake City
Commissioners.
(j) The word "NEGOTIATION" means the performance by the duly
authorized management representatives of the legislative body
and the duly authorized representative(s) of a Certified
Employee Organization of their mutual obligation to meet at
reasonable times and confer in good faith with respect to
wages, hours and other terms and conditions of employment,
and includes the mutual obligation to execute a written docu-
ment incorporating any agreement reached. This obligation does
not compel either party to agree to a proposal or to make a
concession; further, it shall not mean meetings which unduly
infringe upon a time that such parties should be devoting to
public service or discussing matters declared not bargainable
or negotiable by this Resolution.
(k) The term "CONFIDENTIAL EMPLOYEE" means an employee who, in
the regular course of duties, possesses or has access to infor-
mation relating to the formation, execution, administration
or review of labor relation policies of the City.
(1) The words "PUBLIC EMPLOYEE" or "EMPLOYEES" mean any person
who is employed on a full, part-time or contractual basis by
the City, whether or not in the classified service of the
City, except for:
(1) Special employees, as identified in Appendix "A";
(2) Elected officials;
(3) An employee in the probationary period of his original
appointment as defined by the Board;
(4) Any person or class of employees determined to be supervi-
sors, as identified in Appendix "A" of in the amendment
thereof attached to this Resolution.
(m) The words "REPRESENTATIVE UNIT" mean a certified employee
organization.
(n) The word "STRIKE" means:
(1) The concerted failure to report for duty;
(2) The concerted absence of employees from their positions;
(3) The concerted stoppage of work;
(4) The concerted submission of resignations;
(5) The concerted abstinence, in whole or in part, by any
group of employees from the full, faithful and proper
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performance of the duties of employment for the City for
the purpose of inducing, influencing, condoning or
coercing a change in the terms and conditions of employ-
ment, including sick calls, sick-outs, slow-downs or any
other concerted interference with services provided by
the City; or
(6) The collective concerted withholding of services or
the performancing of duties by any person pending the
signing of contracts, including those persons who are
customarily employed on a yearly contract basis
(o) The word "SUPERVISOR" means any individual or class of
individuals designated by the legislative body who, in the
ordinary course of his employment or duties, is recognized
as having authority to hire, transfer, suspend, lay-off,
recall, promote, discharge, assign, reward, adjust grievances
or discipline other employees in the interest of the employer,
or recommend any of the preceding actions if, in connection
with these, the exercise of such authority is not of a merely
routine or clerical nature, but requires the use of independent
judgment. For the purpose of this Resolution those persons
are identified and enumerated in attached Appendix "A".
2. MANAGEMENT PREROGATIVES, CITY EMPLOYER RIGHTS.
(a) It is the exclusive right of the City to determine the mission
of each of its constituent departments, boards and commissions,
consistent with the provisions of this Resolution, and to set
standards of service to be offered to the public, and to
exercise control and discretion over its organization and
operation.
(b) It is the exclusive right of the City to:
(1) Hire and direct its employees;
(2) Take discriplinary action for proper cause;
(3) Relieve its employees from duty because of lack of work
or other legitimate reasons, subject to appropriate
review hereunder; and
(4) Determine the method, means and personnel by which the
City's operations are to be conducted, including but
not limited to contracting out to the private sector any
operations, services, labor or any other job performed
by or for the City; provided, however, that the exercise
of such rights does not preclude employees or representa-
tives from conferring or raising grievances about the
practicial consequences such decisions on these matters
may have on wages, hours or other terms and conditions
of employment in an expeditious and appropriate manner.
(c) The City shall have and retain the power and no negotiation
or agreement may infringe on or abrogate the City's power to:
(1) Direct its employees;
(2) Relieve any employee from duty for any legitimate reason;
(3) Maintain the efficiency of its governmental operation;
(4) Determine the methods, means and personnel by which its
operations are to be conducted, including but not limited
to contracting out to the private sector any operations,
services, labor or any other job performed by or for the
City;
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(5) Take whatever actions as may be necessary to carry out
its responsibilities in situations of an emergency.
3. EMPLOYEE RIGHTS.
(a) City employees shall have the right to form, join and partici-
pate in the activities of employee organizations of their
own choosing for the purpose of representation on all matters
of employee relations.
(b) Employees of the City shall also have the right to refuse to
join or participate in any activity of any employee organiza-
tion and shall have the right to represent themselves individ-
ually in their employment relations with the City.
(c) A City employee shall have the right to refrain from any and
all activities with reference to Employee Organization and
shall be free from any and all restraint or coercion in the
exercise of the right to refrain from joining, participating,
assisting, supporting or in any other way contributing to the
success or operation of an Employee Organization. No employee
shall be interfered with, intimidated, restrained, coerced
or discrminated against because of the exercise of any of
these rights.
(d) Nothing in this Resolution shall preclude any employee:
(1) Regardless of membership or non-membership in such organ-
ization, from bringing matters of personal concern to
the attention of the appropriate officials in accordance
with applicable law, regulations or established policy;
(2) From acting in his own behalf or choosing his own
attorney or agent in a grievance or judicial action; or
(3) Who is or is not an eligible member of such employee
organization from having and enjoying, without discrimin-
ation, all employment rights and benefits granted by the
City employer.
The foregoing notwithstanding, if the subject matter of such
employee discussions and a decision by the Board thereon
would effect an interpretation or change in a written memor-
andum of understanding, the affected Certified Employee
Organization shall have the right to be heard before final
action if taken by the Board.
4. EMPLOYEE REPRESENTATION UNITS; DETERMINATION OF APPROPRIATE
REPRESENTATIVE UNIT.
(a) A petition for certification of an Employee Organization as
the majority representative of an appropriate employee
representation unit, or for the determination of an appropriate
employee representation unit (herein sometimes called a peti-
tion for certification or for unit certification) may be filed
with the City Recorder for the City by an employee organization.
Within five (5) days after the filing of such a Petition
for Certification, the petitioner shall submit to the City
evidence and information that at least thirty percent (300)
of the employees of the Unit desire said representation by
the petitioning Employee Organization. If such evidence and
information is not timely submitted, the City may dismiss the
petition.
(b) A petition for Certification of an Employee Organization may
be filed by the Director of City Personnel with the City
Recorder in the event two (2) or more Employee Organizations
formally claim to represent a majority of the employees in
the same or overlapping employee representation units.
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(c) There shall exist four (4) employee representation units:
(1) Investigatory, security personnel and police officers
as one unit; and
(2) Fire department as one unit;
(3) Operation and maintenance personnel as one unit; and
(4) Clerical as one unit.
(d) The determination of which employees are appropriate to be
included in the said representation units shall be determined
by the Board utilizing the following factors, among others:
(1) The unit that will assure employees the fullest freedom
in the exercise of rights granted under the provisions
of this Resolution.
(2) The community of interest of the employees.
(3) The history of employee relations in the unit, among
other employees of the City and similar public employment.
(4) The effect of the unit in the efficient operation of
the public service and sound employee relations.
(5) The effect on the existing classification structure of
dividing a single classification among two (2) or more
units.
(6) The extent to which employees have common skills, working
conditions, job duties or similar educational requirements.
(7) The need of the City to maintain a proper interrelation,
together with a continuity of services, operations and
functions between various departments or divisions of
employees.
(8) The effect that an inclusion of proposed employees in
a given bargaining unit would have on the interrelation-
ships between departments or groups of employees and the
effect such proposed unit would have on the continuity of
City operations and functions.
(e) No elected official, special employee, supervisory employee
or an employee acting in a confidential capacity as defined
herein shall be included in a bargaining unit.
(f) No supervisory employee or other position whcih requires
access to confidential information concerning personnel
matters shall be included in any employee bargaining unit,
except as hereinafter provided. A supervisory employee may
not be a member of an Employee Organization and no Employee
Organization may bargain for or on behalf of a supervisor,
elected official, confidential employee or special employee
as herein defined. Should any such designated employee join
said employee organization, the City shall forthwith terminate
its dealings with said employee organization and may not
thereafter bargain with said organization
(g) The Board shall conduct a hearing on each contested employee
representation unit, only after giving the Employee Organiza-
tion concerned and the Director of City Personnel, if any,
reasonable notice of the time and place of such hearing as
provided in Section 7 of this Resolution. The City may require
the parties concerned to submit such additional information
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and material as it determines proper and necessary. The
City shall, in its sole and absolute discretion, make
the decision on the appropriate unit and issue notice thereof,
which decision shall be final.
(h) Any agreement of employees concerning the scope of the
employee unit to be represented is subject to the City's
concurrence that such unit is appropriate and is compatible
with the joint responsibilities of the City and the public
employees to serve the public.
(i) The Board's determination on any such dispute between employees
or as to the appropriate employee representation unit shall
be final.
5. CERTIFICATION PROCEDURE.
(a) The procedure for employee representation unit determination
of certification shall be as follows:
(1) All petitions for certification or unit determination
shall be in writing on forms provided by the City, shall
be signed by a duly authorized representative or individ-
ual, and shall contain a declaration by the person sign-
ing that its contents are true and correct to the best of
his knowledge and belief. The original and two (2)
copies of said petition shall be filed with the City by
delivery to the City Recorder.
(2) A petition for certification or for unit determination
shall contain:
(i) The name, address and telephone number of the peti-
tioner and of a designated representative author-
ized to receive notice or requests for information.
(ii) The name and address of the City department or
departments in which the affected employees are
employed, and the name, address and telephone number
of a management representative of said department
or departments.
(3) A description of the eligible employee representation
unit claimed to be appropriate, the estimated number
of employees in such unit, the classifications(s) of
employees therein, and the estimated number of employees
in each classification. If all positions in any classifi-
cation. If all positions in any classification are
not proposed to be included in the unit, lists or de-
scriptions of the positions to be included and excluded,
shall be set forth.
(4) The names, addresses and telephone number of employee
organizations, other than the petitioner, if petitioner
is an employee organization who, to petitioner's best
knowledge and belief claim to represent any of the
employees in the allegedly appropriate unit, and a brief
description, if known, of the written agreements, if
any, covering any employees in such unit.
(5) Evidence and information demonstrating that at least
thirty percent (30%) of the eligible employees of the
proposed unit desire such representation.
(6) A disclaimer from the petitioning employee organization
waiving the right and prohibiting said organization from
reasserting a claim of employee representation and from
petitioning to be an Employee Representative Unit for
any group of City employees, which includes the employees
subject of the original petition, for a period of time
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of not less than twelve (12) months from the date of
filing the said original petition, if said petitioner
is not successful in becoming an Exclusive Representa-
tive.
(7) A statement of the action sought from the City.
6. DECERTIFICATION PROCEDURE.
Procedure for decertification shall be as follows:
(a) A petition for decertification, alleging that a certified
Employee Organization no longer represents the majority
of the employees in the Certified Employee Representation
Unit, may be filed by an Employee Organization, a single
employee, or a group of employees or their representative(s) .
The petition for decertification shall be in writing and
signed, and shall contain a declaration by the person signing
it that its contents are true and correct to the best of
his knowledge and belief. The original and two (2) copies
shall be filed with the City by delivery to the City Recorder.
(b) The petition for decertification shall contain:
(1) The name, address and telephone number of the peti-
tioner and a designated representative authorized to
receive notices or requests for information.
(2) The name and address of the Certified Employee Organiza-
tion.
(3) The name of the City department(s) involved.
(4) A description of the Employee Representative Unit
involved and the approximate number of employees therein.
(5) The name, address and telephone number of any Employee
Organization, other than the Certified Employee Organiza-
tion who to petitioner's best knowledge and belief
claims to represent any employees in the Employee Repre-
sentation Unit.
(6) The expiration date of any written agreement covering
employees in the unit.
(7) An allegation or statement that the Certified Employee
Organization no longer is the majority representative
of the employees in such unit.
(8) Any other relevant facts.
(c) Within five (5) normal working days after the filing of
a petition decertification, the petition shall submit to the
City evidence and information that at least thirty percent
(30%) of the employees in the unit do not desire to be re-
presented in their employment relations by the Certified
Employee Organization. If such evidence and information is
not timely submitted, the City may dismiss the petition.
A petition for decertification may be accompanied by a
petition for certification as above provided.
7. NOTICE AND HEARINGS ON PETITION; ELECTION PROCEDURE.
(a) Upon the filing of a petition for certification or for unit
determination, or a petition for decertification, the City
shall forward copies thereof to:
(1) Its Director of Personnel, if any;
(2) Other affected management representatives; and
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(3) To each of the Employee Organizations that appear of
record with the City to be interested in the unit for
which the petition is filed.
(b) If the City determines that the petition is sufficient as
to form and content, it may set the matter for public hearing
at a meeting before the Board. If a public hearing is
ordered, the City shall give the petitioner and the Certified
Employee Organization at least ten (10) days prior written
notice of the time and place of said hearing by regular
mail to the last address listed with the City by said organiza-
tion and petitioner.
(c) The Board may conduct a prehearing conference with the peti-
tioner and the Certified Employee Organization prior to a
hearing for the purpose of clarifying issues, obtaining
stipulation and taking other actions to expedite the hearing.
(d) The City shall have no duty to recognize a petition for
certification, or decertification within twelve (12) months
immediately following the results of a valid election, in-
volving all or part of the employees of a desired representa-
tion unit.
(e) Hearings shall be limited to matters noticed for hearing
which relate to representation, including determination of an
appropriate Employee Representation Unit, the certificate or
decertification of a majority representative, the holding
of an election or other means of ascertaining representation.
(f) In appropriate cases the City may consolidate the hearing two
(2) or more representation proceedings.
(g) The Board shall proceed to determine all issues or matters in
dispute, including, but not limited to, the scope of the appro-
priate Employee Representation Unit or units, whether to
direct a secret ballot election, dismiss the petition or take
other appropriate action.
(h) The Board may at its absolute discretion order an election
to be held. If the Board orders an election to be held, it
shall also determine the parties to appear on the ballot, the
form of the ballot, the employees eligible to vote, the rules
governing the election, and the date, time and place of the
election. Election shall be held within thirty (30) calendar
days of such order; provided that the time for an election
may be extended by the Board for good cause shown.
(i) The Board may, but need not, rehear or reconsider any disputed
matter, if a written request therefor is filed within seven
(7) business days of the date the Board's decision is issued.
(j) The Board may determine majority representation status on
the basis of an authorized card check or similar basis; but
City's management or any employee organization party to a
representation proceeding shall be entitled, as a matter of
right, to a secret ballot election upon written request
therefor, except as otherwise herein provided.
(k) In the event the petitioner and Certified Employee Organiza-
tion agree to a card check or a similar method to determine
the wishes of the employees.
(1) Upon completion of its investigation, the Board shall make a
determination of the appropriate Employee Representation
Unit, and if appropriate, shall certify the name of the
Employee Organization, if any, that has been designated as
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their representative by a majority of the employees in the
appropriate Employee Representation Unit.
(m) Employee Representative Unit shall be recognized as the
representative for all employees in that unit.
8. ELECTION AND BALLOTING PROCEDURE
(a) In the event that an election is required by any party as
herein authorized the Board shall cause secret ballots to
be printed, in a form approved by the City Attorney. Said
ballots shall provide for an affirmative vote for union
representation by the petitioning employee organization(s)
and for the option of no representation. The proposition
receiving the highest number of votes shall carry.
(b) Said election shall be conducted by each employee, eligible
to be included in the proposed bargaining unit as determined
by the Board, being provided a ballot and a generous oppor-
tunity to exercise the secret voting franchise. Unless other-
wise directed by the Board, said election shall be conducted
by said ballots being mailed by the eligible employee's
residence of record together with a blind envelope for that
ballot (Ballot Envelope) , a stamped envelope addressed to the
City Recorder (Mailing Envelope) , and concise voting instruc-
tions prepared by the City Attorney. The marked ballot shall
be sealed in the Ballot Envelope and returned to the City
Recorder in the Mailing Envelope which latter envelope shall
be signed by the voting employee before mailing or delivering
to the Recorder.
(c) The Board shall determine the date and time ballots must be
received by the Recorder for tabulation, which date shall not
be sooner than ten (10) days nor more than twenty (20) days
from the date the ballots are mailed to said employees. The
City Recorder shall be charged with verifying the signature
appearing on the Mailing Envelopes against a list of eligible
employees prepared by the City Personnel Director; separating
Ballot Envelopes from Mailing Envelopes in a manner which
shall insure the anonymity of each voter; tabulating ballot
returns and reporting election results to the Board of City
Commissioners.
9. OBLIGATION TO MEET AND CONFER; MEMORANDUM OF UNDERSTANDING.
(a) Obligation to meet and confer in good faith. The City or
other representative as may be properly designated by it,
shall meet, confer and negotiate in good faith, regarding
wages, hours and other terms and conditions of employment,
with representatives of such Certified Employee Organization,
as hereinabove defined, and shall consider fully such proposals
properly within the scope of bargaining as are made by the
Employee Organizations on behalf of its members prior to
arriving at a determination of policy or course of action.
"Meet and confer in good faith" means that the City, or such
representative as it may designate, and representatives of
"Certified Employee Organizations, shall have the mutual
obligation to meet and confer within a reasonable length
of time in order to exchange freely information, opinions and
proposals on matters properly the subject of bargaining.
The obligation to meet and confer in good faith shall commence
on the following timetable:
(1) Submission of proposals to the Employer by January 15.
(2) The parties shall attempt to reach agreement by April 1
of said year; thereafter, either side may request that
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mediation procedures shall be instituted as hereinafter
provided.
Provided, however, the scope of scope of bargaining shall be
restricted and shall not include those subjects which the City
has no authority to change and shall not infringe on the
employer's prerogatives as defined in Section 2 of this
Resolution. Further, scope of bargaining shall be restricted
and shall not include the conduct and grading of civil service
or merit examination, the rating of candidates, the establish-
ment of eligible lists for such examination, the appointment
from such eligible lists, and such other matters pertaining
to Civil Service or Merit Systems under appropriate and
existing State law. Further, nothing herein shall require
the employer to bargain in relation to statutory and rule-
provided prerogatives in a promotion, layoff, position classi-
fication, compensation and fringe benefits, examinations,
discipline, merit, salary, determination policy and other
actions provided for by law and rules governing civil service
or merit systems.
(b) If agreement is reached by representatives of the City and
Certified Employee Organization or Organizations, they shall
jointly prepare a written Memorandum of Understanding. Said
Memorandum of Understanding constitutes a mutual recommenda-
tion to be jointly submitted to the Board at least by May 20,
and on the first of any anniversary date of said Memorandum
of Understanding, or at a later date in the event negotiations
are reopened.
(c) The Memorandum of Understanding shall not be binding upon the
parties, either in whole or in part, until a majority of the
members of the Certified Employee Organizations shall have
ratified said Memorandum by a majority vote, and until the
City shall:
(1) Act by majority vote of its legislative body to approve
said Memorandum of Understanding;
(2) Enact necessary ordinances or other necessary changes
required to implement said Memorandum of Understanding
by general legislation;
(3) Act to appropriate necessary funds required to implement
the full provisions of the Memorandum of Understanding
which requires funding for each year of its existence.
(d) Subsequent to the execution of the Memorandum of Understanding
and during the period of time said Memorandum of Understanding
is pending before the Board for action, neither the Recognized
Employee Organization or their individual members, nor manage-
ment shall appear before the Board or meet with members
thereof individually, to advocate any amendment, addition or
deletion to the terms and conditions of the Memorandum of
Understanding.
(e) All Memorandums of Understanding shall provide that there shall
be no strikes or lock-outs and shall cover a period of not
less than one year from its inception date. The agreement
must be capable of implementation within the appropriate and
established income level of the City, and any such agreement
shall not act to impose directly or indirectly any new tax
structure or infringe upon the prerogatives of the Board of
Commissioners to make or refrain from making an appropriation.
It is expressly preserved to be understood that no Memorandums
of Understanding may or can bind succeeding commissioners,
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(f) A valid written agreement between the City and the Certified
Employee Organization, wages, hours and other terms and con-
ditions of employment of employees in an appropriate Employee
Representative Unit shall bar the filing of a petition for
certification or a petition for decertification of a majority
representative of such bargaining unit for the terms of such
written agreement, not exceeding two (2) years, except as
otherwise provided in this Resolution.
(g) The agreement shall be valid and enforced under its terms
when entered into in accordance with the provisions of this
Resolution. No publication of it shall be required to make
it effective.
9. SUPERVISORY, CONFIDENTIAL, SPECIAL EMPLOYEE BARGAINING EXCLUSION;
DISCLAIMER.
(a) No supervisory, confidential, elected or special employee
as identified on attached Appendix "A" shall be represented
by or bargained on behalf of by any Certified Employee Organ-
ization, and no such employee shall be on said Organization's
bargaining team. Further, any Certified Employee Organization
as herein defined who shall have membership which includes
said excluded employees as identified in attached Appendix "A"
subsequent to December 31, 1978 shall automatically be
decertified and; thereafter, no Employee Organization shall be
certified who shall have any said employees as members.
However, notwithstanding any other provision in this Resolu-
tion, it is the intent of the Board of Salt Lake City Commis-
sioners that all employees of Salt Lake City, including those
employees described in Appendix "A" hereof, shall have the
right to vote and otherwise fully participate in any and all
elections held prior to December 31, 1978.
(b) The foregoing provision of this Resolution is of the essence.
Any provision of this Resolution notwithstanding, the Board
reserves the right to refuse with any organization not in
compliance therewith.
(c) Should any court declare any provision of this Resolution
void, invalid, illegal or unconstitutional, the whole
Resolution shall be deemed rescinded, repealed and of no
effect.
10. RESOLUTION OF IMPASSES.
(a) If the appropriate City representative and the representa-
tives of a Certified Employee Organization have been unable
to reach an agreement within a reasonable period after
negotiations have commenced, either party may declare that
an impasse exists and the matter shall be submitted to the
Board. If the parties have not reached agreement within
thirty (30) days prior to the expiration of an existing
Memorandum of Understanding Agreement, impasse shall be de-
clared; provided that the employer and employee representa-
tives may mutually agree to extend the negotiating period,
but no extension shall be made which would extend negotiations
beyond May 30 of the year in which such negotiations are
occurring.
(b) In the event of an impasse in negotiations regarding any or
all of the submit of negotiations as set forth in this ordinance
the parties may jointly request the services of the Federal
Mediation and Conciliation Service. If said Agency is not
available within twenty-one (21) days for mediation, the services
of any other disinterested, neutral party who is competent
to act as a mediator will be obtained under the mutual agree-
ment of the parties. It shall be the function of such media-
tor to bring the parties together voluntarily under such
•
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favorable auspices as will tend to effectuate a settlement
of the dispute; however, the mediator shall not have any
power of compulsion and shall not make findings of fact or
otherwise publicize the issues for recommendations for re-
solving the dispute.
(c) In the event that mediation dissolves the dispute between
the parties, the agreement shall be reduced to a Memorandum
of Understanding as above provided. However, in the event
no resolution of the impasse is achieved by June 25 of the
year of negotiation, the matter will be submitted to the Board
of Salt Lake City Commissioners who shall resolve the issue
by passing appropriate legislation, whose decision shall be
final and binding.
11. GRIEVANCES.
(a) In order to provide an effective mechanism whereby disagree-
ment between Certified Employee Organizations and management
concerning the interpretation or application of any of the
provisions of the Memorandum of Understanding affecting the
rights of the parties or the working conditions of a signifi-
cantly large number of employees in the Unit may be effectively
resolved, the following procedures shall be followed:
(1) Where the Recognized Employee Organization has reason to
believe that management is not correctly interpreting
or applying any of the provisions of the Memorandum of
Understanding, said Employee Organization may request in
writing that a meeting be held with the department head
to make effective recommendations for the resolution of
the matter with copies to the director of personnel,
if any. Such written request shall be in writing,
filed within fifteen (15) days of the occurrence of that
grievance or when the employee or organization aggrieved
knew or shall have known of its existence, and shall set
forth in detail the facts giving rise to the request for
the meeting and shall set forth proposed recommendations
sought. Within ten (10) business days of receipt of the
request for such meeting, the parties will meet for the
purpose of discussing and attempting to resolve the dis-
pute.
(2) Within five (5) business days of such meeting and in the
event the matter is not satisfactorily resolved the
Employee Organization shall have the right to meet
with the principal representatives of the City who have
authority to resolve the matter. For the purpose of
this provision, the management's principal representa-
tive shall mean the chief executive of the City or Board,
as may be appropriate, or his authorized representative,
including the director of personnel.
(3) Within ten (10) days after the meeting provided in sub-
section (2) above, if the matter is not satisfactorily
resolved the grievance shall be submitted to the Board,
whose decision shall be final.
(b) Nothing in this section shall be construed to amend or abro-
gate other provisions of Utah law concerning civil service
employees or appropriate rules and regulations relating there-
to, or to modify career service rules and regulations of the
City now in effect. Further, the time limitations of this
section may be modified by mutual written agreement.
•
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12. PROCEDURAL RIGHTS AND OBLIGATIONS.
(a) The Board shall have the right to promulgate rules and
regulations governing the activity of Certified Employee
Organizations on City property, including procedures for
conferring with management, use of bulletin boards and other
publicly-owned facilities, and the solicitation of membership.
13. UNFAIR LABOR PRACTICES; SANCTIONS.
(a) The City, its representatives or agents are prohibited from:
(1) Restraining or coercing or interfering with any employee
in the exercise of his rights guaranteed under this
Resolution;
(2) Discriminating against one employee organization in favor
of another employee organization.
(3) Discharging or otherwise discriminating against any
employee with reference to terms and conditions of
employment for the purpose of encouraging or discouraging
membership, support or participation in any labor organi-
zation or because he has signed or filed an affidavit,
petition or complaint, or given any information or
testimony under this Resolution.
(4) Refusing to negotiate in good faith with an Employee
Organization designated as the exclusive representative
of employees in an appropriate unit; or
(5) Locking out employees.
(b) Employee Organizations, their agents or employees, and where
appropriate, City employees are prohibited from:
(1) Restraining or coercing or interfering with employees
in the exercise of the rights guaranteed under this
Resolution, including but not limited to, attempting
to cause the City to discriminate against an employee
in violation of such employee's rights under this Re-
solution or other applicable law.
(2) Restraining or coercing the City in the selection of his
representative for purposes of collective bargaining or
the adjustment of grievances.
(3) Refusing to negotiate in good faith with the City, if
the organization has been designated the exclusive
representative of employees in an appropriate unit.
(4) Engaging in a strike, or encouraging, aiding or abetting
any City employee to engage in any strike, which are in
addition to being prohibited are declared to be illegal.
(c) Every Employee Organization and its officers and agents
shall have an affirmative duty to take immediate, appropriate
and effective affirmative action to end an employee strike or
work stoppage.
14. CITY BARGAINING TEAM; DISCUSSIONS THROUGH NEGOTIATORS.
(a) The Board shall select a chief negotiator to represent the
City in all bargaining and labor negotiations pursuant to the
terms of this Resolution. He shall be assisted by the City
Attorney or his designee and the Director of Personnel or
•
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his designee, together with such other personnel as they may
deem necessary or appropriate. All proposals and negotiations
with and by the Certified Employee Organization shall be
through said chief negotiator who shall report and be respon-
sible directly to the Board.
15. CLOSED DOOR NEGOTIATIONS.
(a) Bargaining meetings and negotiations between City and Public
Employee Organizations and the deliberations of mediators
shall be considered private and may be conducted in closed
door or executive sessions, without the right of the public
to be present, if the parties to the negotiations so decide.
Passed by the Board of Commissioners this 16th day of
November , 1977.
j(2?IlLi
MAYOR
CITY RECOR J
•
APPENDIX "A"
The following employees shall not be allowed to participate in
collective bargaining:
(12) Elected Officials
( 7) Administrative Assistants and Budget Directors to the
Commissioners and the Mayor
(26) Directors, Deputy and Assistant Directors
(14) Superintendents and Assistant Superintendents
(10) Chief and Assistant Chief Accountants
(17) All employees in the office of the City Attorney
(38) Foremen IV and V
( 2) Customer Service and Water Meter Supervisor and Assistant
(17) Civil Engineers II
( 3) Supervising Engineers I and II
( 1) Irrigation Supervisor II
( 3) Water Plant Supervisors
( 1) Watershed Patrol Supervisor
( 1) Electrical Engineer
( 3) Operations Supervisors
( 1) Senior Zoning Officer
( 1) Recreation Program Supervisor
( 1) Supervising Forester
( 3) Automotive Shop Supervisor
( 2) Building Operations Supervisor III
( 1) Impound Lot Supervisor
( 1) Senior Radio Technician
( 1) Fire Chief
( 1) Deputy Chief
( 1) Assistant Chief
( 9) Battalion Chiefs
(31) Captains
(41) Lieutenants
Arson Investigator (Vacant)
( 1) Senior Technician
( 1) Director of Technical Services
( 1) Chief Dispatcher
•
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( 1) Chief of Police
( 1) Lieutenant Colonel
( 4) Majors
(11) Captains
(20) Lieutenants
( 5) Crime Lab Technician III
( 1) Director, Personnel Records
( 6) Records Bureau Supervisor
( 4) Records Certification Supervisor
( 1) Machine Records Coordinator
( 1) Parking Enforcement Aupervisor
( 3) City Engineers and Assistant City Engineers
( 1) Supervising Building Official
( 1) Supervising Housing Official
( 5) Chief Inspectors
( 1) Traffic Operations and Maintenance Supervisor
( 2) Traffic Engineer
( 1) Traffic Signal Supervisor
( 1) Rehabilitation Supervisor
( 1) Veterans Service Program Coordinator
( 2) Personnel Program Administrators
( 2) City Recorder and Deputy City Recorder
( 2) City Treasurer and Chief Deputy Treasurer
( 1) Finance Office Manager
( 3) License Assessor and Deputy License Assessor
( 1) EEOC Officer
( 1) Purchasing Agent and Assistant Purchasing Agent
( 1) Office Supervisor
( 2) Court Clerk II
( 1) Courts Administrator
( 1) Computer Operations Supervisor
( 1) Animal Control Supervisor
( 2) City Attorney and Deputy City Attorney
( 1) City Prosecutor
•
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( 1) Property Administrator
( 3) Research Analyst
( 1) Cemetery Supervisor
( 4) Personnel Analyst
( 1) Plan Examiner
( 1) Payroll Superintendent
( 1) Program Evaluator and Auditor
( 5) Secretary II (Elected Officials)
( 2) Chief Engineer
( 1) Drafting Supervisor
( 2) Systems Analyst
(13) Program Analyst
( 1) Systems Programmer
( 1) Waste Water Collection System Supt.
( 1) Waste Water Plant Supervisor
( 6) Administrative Secretaries to Department Heads