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11 of 1978 - FIRST AMENDED LABOR BARGAINING RESOLUTION. • • ROGER F CUTLER ASSIST/JET ATTORNEYS CITY ATTORNEY LAW DEPARTMENT O. WALLACE EARL PHILIP I.PALMER 101 CITY a COUNTY BUILDING RAY GR G R.NAWKIN SY ern.rwo SEcurow SALT LASE CITY. DTAH 84111 PAUL G. MAUGHAN WALTER R MILLER JUDY F LEVER DEPUTY CITY ATTORNEY March 16, 1978 AEEISTANT PROSECUTORS ALHERT L PAYNE,JR• MICHAEL L O'KEEFE LEROY R. PARK STANLEY H OLSEN George Vukovich City Clerk's Office Youngstown, Ohio 44503 Re: Salt Lake City's Collective Bargaining Resolution Dear Mr. Vukovich: Thank you for your letter dated March 8, 1978 addressed to Mildred V. Higham concerning collective bargaining in Salt Lake City. She has requested that I respond to you concerning this request. The City did not pass a collective bargaining ordinance; rather, it passed a "Resolution" establishing collective bargaining in very restrictive and confined parameters. I have enclosed a copy of that resolution as per your request. We have not, as of this date, executed any "Memorandum of Understanding" with employee groups. However, the Police Union has been recognized and will soon submit its proposal for evaluation by the City's negotiating team. Likewise, the Clerical and the Operations and Maintenance units have held elections to determine the appropriate bargaining organization for those two units. Negotiation with these three units will begin shortly. The fourth unit (City Firefighters) have taken issue with our strong stand that management must be separated from labor; however, they have recently indicated they were SM i ' � i George Vukovich March 16, 1978 Page -2- going to reluctantly accept this requirement of the Resolu- tion and petition for recognition. I trust this response answers your inquiry; however, if I can be of any other assistance, please advise. .Singer ly,,/%�/L2�6 1W CUTLER City Attorney RFC:ck cc: Mildred V. Higham ✓ Enclosure i, ROLL CALL Salt Lake City,Utah, February 7 ,19 78 VOTING Aye Nay Mr.Chairman . . . IM \ I move than the'#tes luthon be adopted Agraz .7. . . t Grq.6nr step31 Phillips k\ � SOLUTION Result I ` FIRST AMENDED LABOR BARGAINING RESOLUTION 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 welfare 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 "E4PLOYEE ORGANIZATION" mean any lawful associa- tion, federation or other organization of employees having, as a primary purpose, the representation of employees, as defined in this Resolution, regarding their terms and con- ditions of employment, but this shall not include any organization (1) Which advocates the unlawful overthrow of the consti- tutional form of government of the United States or this State; (2) Which discriminates with regard to terms or condi- tions of membership because of race, creed, color, sex or national origin; -2- (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. (}) 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, as pre- sently identified in Appendixs "A" and "B" of this Resolution. (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 super- visors, as identified in Appendi%- "A" of 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 APPENDIX "A" SUPERVISORY AND CONFIDENTIAL EMPLOYEES The following employees shall not be allowed to participate in collective bargaining: Elected Officials Administrative Assistants and Budget Directors to the Commissioners and the Mayor Directors, Deputy and Assistant Directors (except the Director of Housing Conservation, Relocation Director, Director - City Spirits, Assistant Director - Housing) Superintendents and Assistant Superintendents Chief Accountants All employees in the office of the City Attorney Foremen IV and V Customer Service and Water Meter Supervisor and Assistant Civil Engineers II Supervising Engineers I and II Irrigation Supervisor II Water Plant Supervisors Electrical Engineer Operations Supervisors Supervising Forester Building Operations Supervisor III Impound Lot Supervisor Senior Radio Technician Fire Chief Deputy Chief Assistant Chief Battalion Chiefs Captains Lieutenants Arson Investigator Senior Technician Director of Technical Services Chief Dispatcher -2- Chief of Police Lieutenant Colonel Majors Captains Lieutenants Crime Lab Technician III Records Bureau Supervisor Records Certification Supervisor Machine Records Coordinator City Engineers and Assistant City Engineers Supervising Building Official Supervising Housing Official Traffic Engineer Traffic Signal Supervisor Rehabilitation Supervisor Personnel Program Administrators City Recorder and Deputy City Recorder City Treasurer and Chief Deputy Treasurer License Assessor and Deputy License Assessor EEOC Officer Purchasing Agent Office Supervisor Courts Administrator Computer Operations Supervisor Animal Control Supervisor City Attorney and Deputy City Attorney City Prosecutor Property Administrator Personnel Analyst Payroll Superintendent Secretary II (Elected Officials) Chief Engineer Systems Analyst Program Analyst Systems Programmer Waste Water Collection System Supt. waste Water Plant Supervisor Administrative Secretaries to Department Heads APPENDIX "B" CONFIDENTIAL CLERICAL PERSONNEL All clerical personnel in the Office of the City Attorney. Administrative Secretary Supt. of Water Housing Director Director of Airports City Treasurer Planning Director Personnel Director Parks Superintendent Police Chief Fire Chief Streets Superintendent City Engineer Auditor Data Processing Director Secretary II Office of the Mayor Commissioners (4) -3- 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 perfoimancing of duties by any person pending the signing of contracts, including those persons who are customarily employed on ?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; -4- (5) Take whatever actions as may be necessary to carry out its responsibilities in situations of an emergency. 3. IMPLOYEE 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. a (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 (30%) of the employees of the Unit desire said representation by the petitioning Fmployee 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. -5- (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. 9 (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 mamber 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 requirf the parties concerned to submit such additional information -6- 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 classification(s) of employees therein, and the estimated number of employees in each classification. If all positions in any classi- fication are not proposed to be included in the unit, lists or description 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. Said demon- stration of interest may be shown by submitting, within five (5) days of the filing of said petition: (a) Representation authorization cards executed by eligible employees within thirty (30) days preceding submission of this petition. -7- (b) Payroll deduction authorization cards executed by eligible employees within thirty (30) days preced- ing submission of this petition. (c) Payroll deduction authorization cards executed by eligible employees prior to thirty (30) days of submission of this petition which are presently unrevoked and for which a payroll deduction has been made within thirty (30) days thereof. (d) Signature of eligible employees attached to said petition. Any eligible employee may express interest in one or more petitioning labor organizations and the appearance of an eligible's signature on forms demonstrating such interest, as above provided, shall not invalidate a petitioning labor organization's petition. However, the information, including the names, submitted as verification hereunder are confidential and may not be disclosed to any person, other than appropriate city personnel to verify the accuracy and relevance thereof to the City Commission. (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 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. -8- (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 HEARING 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 (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; however, the confidential information specified in Section 5(a) (5) herein shall not be included. (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 organi- zation 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 :o 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. -9- (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 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 -10- 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 mediation procedures shall be instituted as hereinafter provided. Provided, however, the 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 he 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: -11- (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. (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. 10. SUPERVISORY, CONFIDENTIAL, SPECIAL EMPLOYEE BARGAINING EXCLUSION; DISCLAIMER; SAVINGS CLAUSE. (a) No supervisory, confidential, elected or special employee as identified on attached Appendix "A" and "B" shall be represented by or bargained on behalf of by any Certified Employee Organization, 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" and "B" 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. No employee described in Appendix "A" or "B" of this Resolution may vote in any election held hereunder. (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 Sections 1, 2, 3, 4(c) , 4(i) , 9, 10, 11, or 14 of this Resolution void, -12- Invalid, illegal or unconstitutional, the whole Resolution shall be deemed rescinded, repealed and of no effect. (d) Should any court declare any provision of this Resolution, other than those described in Section 10(c) above void, invalid, illegal or unconstitutional, the remaining provi- sions shall remain in full force and effect pending further action by the Board. 11. 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 ]oitnly request the services of the Federal Mediation and Conciliation Service. If said Agency is not available within twenty-one (21) days for mediation, the ser- vices of any other disinterested, neutral party who is compe- tent to act as a mediator will be obtained under the mutual agreement of the parties. It shall be the function of such mediator to bring the parties together voluntarily under such 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 or 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. 12. 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 which 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 -13- 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. 13. 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. 14. 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 -14- 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. 15. 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 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 respo,i-- sible directly to the Board. 16. CLOSED DOOR NEGOTIATIONS. (a) Bargaining meetings and negotiations between City and Public Employee Organization 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 7th day of February 1978. AC/ CITY RECORDS