HomeMy WebLinkAbout015 of 2011 - a joint resolution recognizing Salt Lake City’s existing relationship with the American Federation o R 11-1
R 11-4
Resolution 15 of 2011
Collective Bargaining and Employee Representation Joint Resolution
Adopting a joint resolution recognizing Salt Lake City's existing
relationship with the American Federation of State, County and
Municipal Employees, Local 1004, AFL-CIO ("AFSCME"); the
International Association of Firefighters Local 1645, AFL-CIO
("IAFF"); and the Salt Lake Police Association, International Union of
Police Associations, Local 75, AFL-CIO ("SLPA"), authorizing the
continuation of those relationships, recognizing the role collective
bargaining plays in those relationships and establishing the guidelines
for collective bargaining.
WHEREAS, Utah law allows Salt Lake City to establish rules and regulations which are
not inconsistent with Utah law; and
WHEREAS,the residents of Salt Lake City are entitled to the orderly and uninterrupted
operations of their government; and
WHERAS, the City strives to: engage employees in training and career development;
engage employees in organizational improvements;provide a fair,respectful, cooperative, and
safe work environment; ensure accountability of employees, supervisors, and managers;
celebrate success and achievement with City employees; and support employees' work/life
balance; and
WHEREAS, discussions with employees related to the terms and conditions of their
employment will enable City management to increase productivity, fiscal stability and ensure a
high level of employee morale; and
WHEREAS, the Salt Lake City Council and the Salt Lake City Mayor agree that it is in
the best interest of Salt Lake City and its employees to allow certain groups of employees to
collectively bargain;and
WHEREAS, collective bargaining allows Salt Lake City and its employees to jointly
promote harmonious and cooperative relationships between City government and its employees,
both collectively and individually; and
WHEREAS,the City has a history of successfully negotiating agreements relating to the
terms and conditions of employment with the American Federation of State, County and
Municipal Employees, Local 1004, AFL-CIO; the International Association of Firefighters Local
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1645,AFL-CIO;and the Salt Lake Police Association,International Union of Police
Associations,Local 75,AFL-CIO;
WHEREAS,in February 2009,employees eligible for union representation reaffirmed
their desire to be represented through collective bargaining;and
WHEREAS,the Salt Lake City Council and the Mayor agree that this Resolution
replaces the Collective Bargaining and Employee Representation Joint Resolution dated January
13,2009,and will establish the outline of how to achieve these goals.
NOW,THEREFORE,it is hereby jointly declared by the Salt Lake City Council and the
Salt Lake City Mayor as follows:
1. DEFINITIONS. As used in this Resolution:
(a) "AFSCME"means the American Federation of State,County and
Municipal Employees,Local 1004,AFL-CIO.
(b) "CITY"means Salt Lake City,a Utah municipal corporation.
(c) "ELIGIBLE EMPLOYEE"means any person who is employed on a full
time basis by the City except for:
(1) Elected officials;
(2) An employee in the probationary period of his/her original
appointment as defined by City policy;
(3) Any"at-will"employee;
(4) Any administrator,manager or supervisor who may have direct
charge of an employee or any group of employees;
(5) Any employee who regularly performs the duty of a manager or
supervisor in direct charge of an employee or any group of
employees;
(6) Any employee assigned to the Mayor's Office,City Council's
Office,City Attorney's Office,or Human Resources;and
(7) Any employee designated by the City because the employee has
access to information relating to the City's formation,execution,
administration or review of the City's bargaining positions,the
administration of any Memorandum of Understanding,
management functions or whose position is not properly part of a
bargaining unit.
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(d) "EMPLOYEE ORGANIZATION"means AFSCME,IAFF or SLPA.
(e) "EMPLOYER"means Salt Lake City Corporation.
(f) `EXCLUSIVE REPRESENTATIVE" or"EMPLOYEE
REPRESENTATIVE UNIT"or"CERTIFIED EMPLOYEE
ORGANIZATION"means AFSCME, IAFF or SLPA (individually
"union" and collectively"unions").
(g) "IAFF" means the International Association of Firefighters, Local 1645,
AFL-CIO.
(h) "IMPASSE"means a deadlock in negotiation between a union and the
City over any matters required to be negotiated in this Resolution, or over
the scope of the subject matter of negotiations.
(i) "LEGISLATIVE BODY"means the Salt Lake City Council.
(j) "NEGOTIATION" means the good faith process by which the City and a
union meet to confer regarding wages, hours and other terms and
conditions of employment, and includes the obligation to sign a document
outlining the parties' agreement.
(k) "SLPA"means the Salt Lake Police Association, International Union of
Police Associations, Local 75,AFL-CIO.
(1) "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 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 employment, including sick calls, sick-outs, slow-
downs or any other concerted interference with services provided
by the City; or
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(6) The collective concerted withholding of services or the
performance of duties by any person or persons pending the
signing of contracts, including those persons who are customarily
employed on a yearly contract basis.
(m) "TERMS AND CONDITIONS OF EMPLOYMENT"means wages,
salaries, working conditions,hours and benefits except as specifically
modified in this Resolution.
2. CITY RIGHTS AND OBLIGATIONS.
(a) The City has the exclusive right to determine the mission of each of its
departments, divisions,boards and commissions, consistent with Utah
statutes, City ordinances and 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) Classify its employees for compensation purposes;
(3) Take disciplinary action for proper cause;
(4) Relieve its employees from duty because of lack of work, lack of
funds, as a result of a reorganization or any other legitimate reason;
(5) Maintain the efficiency of its governmental operation;
(6) Determine the method, means and personnel by which the City's
operations are to be conducted; and
(7) Take whatever actions the City deems necessary to carry out its
responsibilities in emergency situations.
(c) The City intends to:
(1) Negotiate in good faith with the unions;
(2) Compensate its employees in a fiscally responsible manner;
(3) Provide, subject to the availability of funds:
(i) appropriate training to union officers, board members and
stewards;
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(ii) appropriate labor management committees and processes;
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(iii) paid time for each union's officers,board members and
stewards to conduct appropriate Labor/Management related
business.
(4) Meet and confer with a union prior to making a decision to
privatize any City function which would result in an eligible
employee losing her or his current position with the City;
(5) Meet and confer with a union prior to designating an employee as
ineligible for union representation; and
(6) Notify the appropriate union prior to reclassifying an employee's
position in a manner wluch makes the employee ineligible for
l further union representation.
! 3. EMPLOYEE RIGHTS.
E (a) Eligible employees have the right to form,join and participate in union
activities for the purpose of representation on all matters of employee
relations described in this Resolution.
(b) City employees have the right to refuse to join or participate in any union
activity and have the right to represent themselves individually in their
employment relations with the City.
(c) An eligible employee has the right to not participate in any and all union
activities. No union shall coerce an eligible employee into joining,
participating, assisting, supporting or in any other way contributing to the
success or operation of a union. No eligible employee shall be interfered
with, intimidated, restrained, coerced or discriminated against because of
the exercise, or refusal to exercise, any of the rights contained in this
Resolution.
(d) This Resolution shall not prevent any employee:
(1) From bringing personal concerns to City officials' attention;
(2) From acting in his/her own behalf or choosing her/his own
representative in a grievance or judicial action; or
(3) From enjoying without discrimination, all employment rights and
benefits granted by the City.
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4. LIST OF ELIGIBLE EMPLOYEES.
The City shall annually provide each union a list of employees eligible to be
represented by that union. The City will not enter into a Memorandum of
Understanding with any union which represents or bargains for an individual who
is not on the list.
5. CITY BARGAINING TEAM; DISCUSSIONS THROUGH NEGOTIATIONS.
The Mayor will provide the unions the name of the City's chief negotiator at least
five(5)months prior to the expiration of any agreement with the union. The chief
negotiator will represent the City in all bargaining and labor negotiations pursuant
to the terms of this Resolution. All proposals and negotiations with and by the
unions shall be handled by the chief negotiator who shall report and be directly
responsible to the Mayor.
6. GOOD FAITH NEGOTIATIONS; MEMORANDUM OF UNDERSTANDING.
The City's chief negotiator and union representatives will meet to negotiate in
good faith issues related to wages, hours and other terms and conditions of
employment. The City's cluef negotiator and the unions will fully consider any
proposals presented during negotiations. The City's chief negotiator and the
unions will attempt to reach an agreement on eligible employees' wages, hours
and other terms and conditions of employment prior to the submission of a budget
by the Mayor to the City Council. The City and the unions will jointly discuss
employees' compensation issues prior to negotiations in an effort to foster better
communication concerning the City's budget process,the impact that process has
on employees' compensation, and the methods of determining employees'
compensation. The City's chief negotiator and the unions will not use this
process to avoid their obligation to negotiate.
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 City's
Rights outlined in Paragraph 2 of this Resolution. Negotiations will not include
any issues already provided for by Utah law, City Ordinance, or related to the
Civil Service or Merit Systems.
If the City's chief negotiator and a union reach an agreement,they will jointly
prepare a written Memorandum of Understanding containing the terms of their
agreement. A Memorandum of Understanding is a joint recommendation which
the City's chief negotiator and the union will provide to the Mayor no later than
May 15, or at a later date in the event negotiations are reopened.
If the City's chief negotiator and a union are unable to reach agreement on a
Memorandum of Understanding, the Mayor shall recommend the City Council
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adopt a one-year compensation plan for the affected work group and/or approve a
one-year extension of the existing Memorandum of Understanding.
If the City and a union are unable to agree on a wage schedule for a Fiscal Year
during the term of a Memorandum of Understanding,the Mayor shall recommend
the City Council implement a wage schedule for that union's eligible employees.
The Memorandum of Understanding will not be binding upon the parties, either in
whole or in part, until a majority of the members of the applicable union have
ratified the Memorandum of Understanding by a majority vote, and until the City
Council:
(a) Acts by majority vote to approve the Memorandum of Understanding;
(b) Enacts ordinances or makes other changes required to implement the
Memorandum of Understanding;
(c) Appropriates the funds required to implement the Memorandum of
Understanding which requires funding for each year of its existence.
(d) If the City Council fails to appropriate the funds required to implement a
proposed Memorandum of Understanding or wage schedule,the City
Council shall adopt a one-year compensation plan, or wage schedule for
the affected work group and/or approve a one-year extension of the
existing Memorandum of Understanding.
(e) After the execution of a Memorandum of Understanding and while the
Memorandum of Understanding is pending before the City Council for
action, neither the Recognized Employee Organization or their individual
members, nor the Mayor shall appear before the City Council or its
members,to advocate for any amendment, addition or deletion to the terms
and conditions of the Memorandum of Understanding's agreed upon
language.
(f) Each Memorandum of Understanding must contain a provision prohibiting
strikes or lock-outs. Each Memorandum of Understanding shall have a
term of at least one year. It is expressly understood that no Memoranda of
Understanding may or can bind succeeding Mayors or Councils.
(g) A Memorandum of Understanding will be enforceable when entered into
in accordance with the provisions of this Resolution. No publication of it
shall be required to make it effective.
(h) Nothing in a Memorandum of Understanding shall prevent the City and a
union from identifying and discussing issues related to the terms and
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conditions of employees' employment during the term of an existing
Memorandum of Understanding.
7. CLOSED DOOR NEGOTIATIONS.
Collective bargaining meetings and negotiations between the City and unions and
any 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.
8. RESOLUTION OF IMPASSES.
(a) If the City's chief negotiator and a union is unable to reach an agreement
by May 15, either parry may declare that an impasse exists and the matter
shall be submitted to the Mayor and the City Council for resolution.
(b) The City's chief negotiator and a union may jointly request the services of
an outside mediator. The costs associated with any outside mediator shall
be equally bome by the City and the union making the request.
(c) If the City's chief negotiator and a union reach impasse on any issue
related to compensation,the City and/or the applicable union may discuss
the issue directly with the Mayor and/or City Council.
9. PROCEDURAL RIGHTS.
The City shall have the right to promulgate rules and regulations governing union
activity, including procedures for meeting with management, use of bulletin
boards and other publicly owned facilities, and the solicitation of membership
during business hours.
10. COURT DECLARATION.
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.
11. UNFAIR LABOR PRACTICES.
(a) Utah law prohibits the City, its representatives or agents from:
(1) Restraining or coercing or interfering with any employee in the
exercise of rights guaranteed under this Resolution;
(2) Discriminating against one employee organization in favor of
another employee organization;
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(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 organization or because the employee
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) Utah law prohibits the unions,their agents or employees, and where
appropriate, City employees 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 Resolution or other applicable law;
(2) Restraining or coercing the City in the selection of a 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 a
group of employees; or
(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 union and its officers and agents shall have an affirmative duty to
take iinmediate, appropriate and effective affirmative action to end an
employee strike or work stoppage.
12. PETITIONS.
(a) The City Council,the Mayor, or any employee, or group of employees,
represented by AFSCME, IAFF or SLPA may file a petition alleging that
the applicable union no longer represents the interests of the employees
eligible for representation by the applicable union. The petition must
contain: i) a statement outlining the basis for the petition; ii) a declaration
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by the person signing it that its contents are true and correct; iii)the name
of the group or groups of employees the petition seeks to remove from
representation by a union; and, iv)the signature of the person or persons
filing the petition. The original and two (2) copies of the petition shall be
filed with the City Recorder.
(b) AFSCME, IAFF or SLPA may file a petition asking the Mayor to include
a group of employees as eligible for representation by the applicable
union. The petition must contain: i) a statement outlining the basis for the
petition; ii) a declaration by the president of the union signing it that its
contents are true and correct; iii)the name of the group or groups of
employees the petition seeks to include as represented by a union; and, iv)
the signature of the president of the union filing the petition. The original
and two (2) copies of the petition shall be filed with the City Recorder.
(c) A petition under this section will only be considered if it is filed between
September 1, 2013 and November 30, 2013.
13, NOTICE AND HEARING ON PETITIONS.
(a) No later than ten calendar days after the City Recorder receives a petition,
the City shall provide a copy to the union named in the petition.
(b) If the City determines that the petition meets the requirements of this
Resolution, it will require a public hearing be held to discuss the petition.
The City will provide the petitioner and the affected union at least
fourteen (14)calendar days written notice of the time and place of the
hearing.
(c) If the petition was filed by the Mayor, the City Council, or designated
representative, may conduct a prehearing conference with the petitioner
and the affected union prior to a hearing in order to clarify any issues to be
addressed at the hearing and to set a date for the public hearing on the
petition.
(d) If the petition was filed by the City Council,the Mayor, or designated
representative,may conduct a prehearing conference with the petitioner
and the affected union prior to a hearing in order to clarify any issues to be
addressed at the hearing and to set a date for the public hearing on the
petition.
(e) If the petition was filed by an employee or group of employees, the
Mayor, or designated representative, may conduct a prehearing conference
with the petitioner(s) and the affected union prior to a hearing in order to
clarify any issues to be addressed at the hearing and to set a date for the
public hearing on the petition.
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(f) Any hearing held pursuant to this Resolution will be limited to the issues
outlined in the petition.
(g) The City Council or the Mayor may determine majority representation
status by holding a vote of the employees eligible to be represented by the
applicable union or the group of employees impacted by the petition.
(h) The City Council or the Mayor shall issue a written decision addressing
each issue raised in the petition and the basis for the decision no later than
30 calendar days after the public hearing on the petition.
14. TERM.
Prior to March 31,2014,the Mayor or designee and the unions shaI1 meet and
confer to discuss any modifications to the Resolution's terms and jointly report
the results of such meeting to the City Council no later than April 1,2014.
Passed by the City Council of Salt Lake City,Utah,this 22 day of
March ,2011.
Jill Love
CHAIR
ATTEST:
VTY RE O
Transmitted to Mayor on the 29 day of Marc 12011.
RaI14 B c
Mayor
ATTEST:
ee
[2E O ER
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APPROVED AS TO FORM:
,-4 (5-1 -
-S Attomey
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