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AS AMENDED--10/4/77
ORDINANCE NO. 4373
AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED
ELECTORS OF THE CITY OF PUEBLO AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 8, 1977, A PROPOSED
AMENDMENT TO THE CHARTER OF THE CITY OF PUEBLO RELATING
TO ARTICLE 8 THEREOF, PERSONNEL ADMINISTRATION, PRO-
VIDING FOR COLLECTIVE BARGAINING BY EMPLOYEES IN THE
CLASSIFIED SERVICE OF THE CITY OF PUEBLO, DEFINING
BARGAINING UNITS FOR COLLECTIVE BARGAINING, PROVIDING
FOR THE SUBMISSION OF UNRESOLVED DISPUTES TO A VOTE
OF THE QUALIFIED ELECTORS OF THE CITY OF PUEBLO AT
GENERAL MUNICIPAL ELECTIONS, PROVIDING FOR THE SELECTION
OF BARGAINING AGENTS, PROHIBITING MEMBERS IN THE CLASSI-
FIED SERVICE OF THE CITY OF PUEBLO FROM ENGAGING OR
PARTICIPATING IN ANY STRIKE, WORK STOPPAGE, WORK SLOW-
DOWN, OR MASS ABSENTEEISM AND PROVIDING PENALTIES
THEREFOR.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
(Brackets indicate material to be omitted, underscoring indicates
material to be added.)
SECTION 1.
The proposed amendment to the Charter of the City of Pueblo,
Colorado set forth in SECTION 2 hereof shall be and hereby is
submitted to a vote of the qualified electors of the City of Pueblo,
Colorado at the general municipal election to be held November 8,
1977. The vote of said electors shall be taken at the same election
precincts and polling places, during the same hours, by the same
judges and clerks, and in the same manner as other votes taken
at the said general municipal election.
Said election shall be held and conducted and the votes cast
on the proposed amendment shall be returned and canvassed, and the
results declared in the same manner, as nearly as may be, as pro-
vided for the election of municipal officers. The City Clerk
shall cause the full text of the proposed amendment together with
notice and call of said election to be timely and duly published.
t
SECTION 2.
A. Effective, immediately upon adoption and legal
publication of this Amendment and its filing with the Secretary
of State pursuant to Article XX of the Constitution of the State
of Colorado and C.R.S. 1973, 31-2-101, et. seq., the Municipal
Home Rule Act of 1971, the following new Sections 8-14 and 8-15
shall be and the same are hereby adopted and added to the Charter
of the City of Pueblo, said new Sections 8-14 and 8-15 to read
as follows:
"Section 8-14. RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY.
Em to ees in the classified service of the City of Pueblo
shall have the right to bargain collectively with the City
of Pueblo as to wages, salaries, rates of pay, safe working
conditions, and fringe benefits and to be represented by an
employee or anization in such collective bar ainin .
a. As used in this Section and its sub arts, the
following terms shall, unless the context requires a different
interpretation have the following meanin .
(1) The term "fire fighters" shall mean all employees in
positions in the classified service of the De artment of
Fire of the City of Pueblo exce t Assistant Fire Chiefs.
(2) The term "police officers" shall mean all em loyees in
ositions in the classified service of the Del2artment of
Police of the City of Pueblo excel2t Majors,and Captains.
(3) The term "other classified employees" shall mean
all non-su ervisor em to ees in all other positions
in the classified service of the City of Pueblo excej2t
employees in the De artment of Police and Department
of Fire and Stagehands.
(2)
(4) The term "corporate authorities" shall mean the proper
officials of the City of Pueblo, or their designated repre-
sentative, whose duty it is to establish wages', salaries,
rates of pay, safe working conditions, and fringe benefits.
(5) The term "bargaining agent" shall mean an emplo ee
organization chosen by a bargaining unit pursuant to
Section 8-14 (b) for the purpose of bargaining regarding
wages, salaries, rates of pay, safe working conditions,
and fringe benefits.
(6) The term "bargaining unit" shall mean: (a) fire
fighters, (b) police officers, or (c) other classified
employees .
b. The Civil Service Commission shall within thirty da s
of the filing of petitions signed by at least thirty-three percent
of the employees constituting a bargaining unit shall conduct an
election to select a bargaining agent for that bargaining unit. Such
election shall be held pursuant to rules and procedures for the con-
duct of such election as may be adopted by the City Council. Selec-
tion of a bargaining agent shall be by secret vote. The bargaining
agent selected by a majority employees constituting a bargain-
ing unit shall be recognized as the sole and exclusive collective
bargaining agent for all employees in that unit. If a bargaining
agent is selected at an election held during the effective term of
an existing collective bargaining contract for a bargaining unit,
such bargaining agent shall, after written acceptance of the existing
contract for the balance of its term, be recognized as the sole and
exclusive bargaining agent for the employees of that bargaining unit.
C. It shall be the obligation of the City of Pueblo acting
through its corporate authorities and the obligation of the bargaining
agent of any bargaining unit acting through its representatives to
meet and confer in good faith within ten (10) days after receipt of
written notice from either the bargaining agent or the City request-
ing a meeting for collective bargaining purposes. Such notice shall
set forth the items to be the subject matter of collective bargaining
and the proposal of the party submitting the notice. Any agreed to
(3)
matter resulting from bargaining or any matter approved by vote of
the City shall be reduced to a written contract, Provided that such
contract shall not exceed the term of three years. Such contract
shall be executed by the City and bargaining agent and ap roved by
Ordinance of the City.
d. In the event that the respective bargaining agent and
the City are unable within forty-five (45) days from and including
their first meeting, or such additional time as is mutually agreed
upon b the bargaining agent and the City, which additional time
shall not exceed fifteen (15) days, to reach agreement on the matters
submitted for collective bargaining, or select an arbitrator to make
recommendations within thirty (.30)days all matters not resolved by
such collective bargaining shall be submitted to a vote of thequali-
fied electors of the City at the next general munici al election.
e. The last and final proposal of the City and the last and
final 2roposal of the respective bargaining agent on all unresolved
matters made during the period of collective bargaining as provided in
(d) above shall be placed on the ballot at the next general munici al
election to be held in the City of Pueblo. Electors shall be er-
mitted to vote in favor of adopting either the final pro osal of the
bargaining agent or the final proposal of the City. The proposal
approved by a ma'ority of the voters voting at such election shall be
deemed approved and shall be implemented by the City during the next
calendar year.
f. Whenever wages, rates of ay, or any other matter re-
quiring appropriations of money b the City of Pueblo are included
as matters of collective bargaining conducted under the provisions
of this Section, it shall be the obligation of the bargaining agent
or the City to serve such written notice of request for collective
bargaining upon the other party at least 180 days before the last
da on which money can be appropriated by the City of Pueblo for the
next calendar year.
g. Collective bargainingprocedures shall not be initiate
commenced, requested or entered into more than once during any cal-
endar year.
(4)
h. The following factors shall be considered by the
City during collective bargaining:
1. Interest and welfare of the public.
2. Com arison of wa es, salaries, rate of pay, safe
working conditions, and fringe benefits of employees
of thebarSlaining unit and similar employees in cities
or towns of the same or similar size to the City of
Pueblo in the State of Colorado and non-public employees
performin5 similar or related duties within the City of
Pueblo.
3. Financial ability of the City to finance the costs of
increased wages or benefits.
4. The effect of reduction in services or positions
re uired to meet the costs of increased wa es or benefits.
5. Com arison of 12eculiar job duties and difficulties in
relation to other 2ublic and non- ublic employment in-
cluding:
(a) Physical and mental gualifications
(b) Educational qualifications
(c) Ex erience re uirements
(d) Job training and skills
(e) Hazards of em to ment
(f) Work schedules
( ) Degree of responsibility exercised.
Section 8-15. PROHIBITION AGAINST STRIKES. It shall be
unlawful for any em to ee in the classified service of the City
of Pueblo to intentionally engage or partici2ate in any strike,
work sto22age, work slowdown, or mass absenteeism involving
employees in the classified service of the City of Pueblo. This
Section shall not restrict, interfere with, or prohibit any employee
in the classified service of the City of Pueblo from exercising an
ri ht of freedom of s eech or any other right guaranteed by the
(5)
Constitution of the United States or the State of Colorado. An
employee in the classified service of the City of Pueblo who shall
violate the provisions of this Section shall be dis ualified from
holding any 2osition or em to ment with the City of Pueblo for one
(1) ear•
B. If any clause, sentence, paragraph, or part of this
Amendment or the application thereof to any person or circumstances
shall for any reason be adjudged by a court of competent jurisdiction
to be invalid or unenforceable, such judgment or decision shall
not affect, impair or invalidate the remainder of this Amendment
or its application.
C. The ballot label for said Charter Amendment shall be:
"CHARTER AMENDMENT NO. 2
Shall the Charter of the City of Pueblo relating to
Article 8 thereof, Personnel Administration, be amended
to provide for collective bargaining by employees
in the classified service of the City of Pueblo, to
define bargaining units for collective bargaining,
to provide for submission of unresolved disputes to
a vote of the qualified electors of the City of
Pueblo at general municipal elections, to provide
for the selection of bargaining agents, to provide
factors to be considered by the City during collective
bargaining, to prohibit members of the classified
service of the City of Pueblo from engaging or
participating in any strike, work stoppage, work
slowdown or mass absenteeism and to provide penalties
therefor.
For the Amendment
Against the Amendment if
SECTION 3.
The votes for and against the said proposed Charter Amendment
shall be registered by the use of electronic voting equipment.
There shall be "For the Amendment" and "Against the Amendment"
places on punch card ballots which can be electronically counted
by electronic tabulating equipment for the proposed charter
amendment which will permit each elector to record his vote for or
against same.
(6)
SECTION 4.
This Ordinance shall become effective immediately upon final
passage.
SECTION 5.
The City Council hereby find and determines that the qualified
electors of the City should have the opportunity to participate in
any selection or determination of procedures and methods for
collective bargaining by members of the classified service of the
City of Pueblo and to have a choice in such selection and determina-
tion at the general municipal election to be held November 8, 1977.
The City Council further finds, determines, and declares that this
Ordinance is necessary for the immediate preservation and protection
of the public health, property, peace, and safety.
ATTEST:
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INTRODUCED September 21 , 1977
By ISAAC C. DURAN
Councilman
APPROVED:
(7)
Presidar(" • _ ,,
AFSCME
LOCAL 155
and
LOCAL 860
OBJECTIONS TO THE
CITY OF PUEBLO
PROPOSED ORDINANCE
REGARDING COLLECTIVE BARGAINING
SUBMITTED
OCTOBER 4, 1977
1. SECTION 8-14 (2). Pa2e 2
Excluding Sergeants from the Bargaining Unit excludes 32
people who have traditionally been represented by the Police Union.
Sergeants have never been considered supervisory by past practice.
The differentiation imposed by the City is that Majors and Captains
are exempt from receiving overtime while Sergeants and below re-
ceive time and one-half pay for hours in excess of eight (8) in
one (1) day or forty (40) in a work week.
(3) The definition of "other classified employees" who are
not supervisors is not given.
2. SECTION 8-14 (b), Pa e 3
Yearly re -certification of "sole and exclusive bargaining agent"
is in no one's best interest. Normally you are the bargaining
agent until challenged and defeated in a representation election.
From the City's point of view, assume that a contract was negotiated
with Police Local 860, AFSCME, for 3 years. In January of the
second year the Police Department Union Members choose to be repre-
sented by another Union. Assume that the new unit was called Police
Local 833, Teamsters. You would have two years remaining on a
contract with AFSCME but they no longer represent anyone. I believe
that you would have to renegotiate again.
I also believe that a neutral agency such as the NLRB should
hold, monitor and certify any representation election.
The terminology "the bargaining agent selected by a majority
of any bargaining unit" is very unclear. Certainly you must mean
"selected by a majority of those members of any bargaining unit
who vote in the representation election".
The wording the City has proposed has been interpreted by the
Courts to mean exactly what it says, (i.e. majority (51%) of all in
unit whether or not they vote). How would any member of Council
like to run for office needing a 51% vote of all eligible voters to
regain office.
(e)_ _ Page 4
The modified form of "final offer arbitration" which is proposed
could never lead to labor harmony. The way it is set up makes it
not in the City's interest to ever settle without a vote and/or have
negotiations commence during an election year.
In short the City's proposal insures that a yearly raise will
become extant. Clearly harmonious relations could never be main-
tained. In more practical terms you have taken about 98% of the
power and can use it to continually depress wages.
3. SECTION 8-15 ( a e 5)
The Unions will agree never to strike but the City does not agree
to never lock -out employees in a labor dispute.
The City wants a guarantee from the Unions but offers nothing in
return. The City also proposes a penalty for strike that in practical
terms cannot be applied. How do you fire 160 or so police offiers,
hire replacements, send them to school, get them certified by the
State, and maintain protection.
MISCELLANEOUS DISAGREEMENTS
1. Pre-existing conditions of employment.
Nothing is said about pre-existing conditions of employment.
Does an employee carry over accumulated sick leave and/or vacation
or does everything go to zero and we start again.
2. Pre-existing agreements.
What is the status of pre-existing agreements. Do the City
employees covered under this proposal as "other classified employees"
re -negotiate the agreement they presently have which is scheduled
to begin January 1, 1978.
OVERVIEW
This proposed ordinance places the entire burden of negotiations
upon the Unions. It offers no guarantees of any kind from the City.
Many burdens implied but not spelled out.
Many sections are vaguely worded. Who interprets the wording?
Certainly the Union will not be allowed to.
RECOMMENDATIONS
1. Do not place this proposal on the ballot.
2. Delete all after;
... "A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF PUEBLO
RELATING TO ARTICLE 8, THEREOF, PERSONNEL ADMINISTRATION, PROVIDING
FOR COLLECTIVE BARGAINING BY EMPLOYEES IN THE CLASSIFIED SERVICE OF
THE CITY OF PUEBLO"..... Delete all after Pueblo.
International Association of Fire Fighters
Local j#3 AFL—CIO-CLC
For immediate release (9-19-77)
For futher information please contact
Bob L. Roberts at 542-3811
We the Fire Fighters of Local ,#3 I.A.F.F. AFL-CIO-CLC. feel that any attempt
to lessen or alter the collective bargaining amendment to the charter, that
we have petitioned to be put on the ballot, by adding an alternate amendment.
Would only confuse the issue.
Our responsability to the citizens of Pueblo caused us to look for an
alternative method of resolving issues without taking the right to strike,
cause work stoppages, slowdowns or mass absenteeism. It is unfortunate
that our letter of August 9t', 1977 reguesting a meeting with the City Council
about our collective bargaining problems was denied. Had we been allowed
the courtesy of a meeting then,the City Council would have been involved
with this amendment from the start.
The reasoning behind our charter amendment was brought on by years of
negotiating, and we feel, a lack of communication with the City Council.
As an example our above mentioned letter, although it was sent to the
President of the City Council Mr. Reyes, it was answered on the letterhead
of the City Attorney and signed by the Assistant City Manager. Also, some of
the statements that have been made show that the message is not getting
through to the City Council. Example, we were informed by one of the Council
members that the Fire Fighters have a professional negotiator negotiating
for them. When in fact there is a team of five fire fighters negotiating
with the City. If a true method of commmication existed between the
fire fighters, the city negotiator and the City Council these misinformations
could not exist. We would like at least one if not all of the Council members
be present and personally involved in negotiations.
In reply to some statements made to the news media by the City Attorney
and some Council members. Regarding the amendment not providing for
a penalty provision if we should violate the charter and go on strike.
This is covered in section 5-2 of the charter Penalty for violation,
and in section 2-8 of the chair, Oath of Office. Which all city employees
swear to and sign.
Our inclusion of Assistant Chiefs in the amendment was due to past practice.
We have in the past and do so at the present time bargain for them, and
feel a duty to continue in their behalf.
In reply to Councilwoman Kellys statement that a charter change could be
warrented, do to the fact that since the charter was adopted in 1954 collective
bargaining agreements between cities and their employees have become the
trend. We say that this would mean that the trend in Pueblo has been
backward because in 1954 we had a collective bargaining agreement with the
City which was continued until 1962. What we are asking for is not new
to the City of Pueblo. We feel that we deserve the same rights of employment
as any other worker in the City of Pueblo.
In reply to councilman Rings statement that we are trying to railroad the
taxpayers. We say that our reason for going to a vote of the people if
arbitration is unacceptable, is so that they have more input on government
issues being as they are the supreme governing body of the City.
We wish to assure the people of Pueblo and its government leaders. That we
want to continue the first class service provided to them by their Fire
Department.
It is the purpose of our amendment to achieve and maintain harmonious relatiorc
between the City and the Fire Fighters; to provide for equitable and peaceful
adjustment of differences which may arise, and to establish proper standards
of wages,hours and other conditions of employment.
I, Lucy J. Costa, City Clerk of the City of Pueblo, Colorado,
do hereby certify that the above Ordinance was presented the First
Time at a meeting of the Council of the City of Pueblo, held on
September 21, 1977; and Notice of Hearing ordered published; that
it was presented the Second Time on October 4, 1977, at which time
it was passed and approved as emergency and ordered published in
Full in the Pueblo Chieftain, a newspaper of general circulation
published in the City of Pueblo.
IN WITH WHEREOF, I have hereunto set my hand and affixed
the Seal of the City of Pueblo, Colorado, this 8th day of October,
A. D. 1977.
lei
CITY OF F--"UEBLO COLORADO
CITY ATTORNEY 127 WES"11 FARSf
PUEBLO COL(If� A[)Ci
TO : Members of the City Council and City Manager
FROM: City Attorney
RE : Firemen's Proposed Charter Amendmerl!
Section 1-8 of the City Charter provides that amendments
to the Charter may be framed and submitted in accordance with
Article XX, Constitution of the State of Colorado.
The Municipal Home Rule,Act of 1971 enacted to implement
Section 9 of Article XX, Constitution of the State of Colorado,
provides that within 30 days after the initiation of proceedings
to amend the Charter, the City Council shall publish notice of and
call an election upon the proposal, which election shall be held
not less than 30 nor more than 120 days after publication of the
notice thereof. No special election is required when a regular
election is scheduled within the time provided for such election.
Proceedings to amend the Charter may be initiated by petition
signed by qualified electors equal to at least five percent of the
registered electors of the City or by ordinance adopted by the City
Council submitting the proposed amendment to a vote of the qualified
registered electors of the City.
The petitions for a proposed Charter Amendment filed by the
firemen meets the requirements of the Municipal Home Rule Act of
1971 and were filed in the Office of the City Clerk on September 8, 1977.
Therefore, the Council should be Resolution declare that the petition
for proposed amendment are in proper form, direct that the proposed
amendment be submitted to vote of the people and that notice
be published on or before October 7, 1977, in order that the
proposal may be voted on at the next general municipal election
to be held on November 8, 1977.
R
C,OLOR��--LJL '' A�DO
Page Two.
If the City Council desires to submit an alternative proposal,
in whole or in part, such must be done by Ordinance adopted within
sufficient time to permit notice to be published on or before
October 7, 1977. Since two regular meetings will not occur prior
to October 7, 1977, said Ordinance would have to be passed as an
emergency ordinance. An emergency ordinance may be introduced
at a regular or special meeting of the Council and may be read a
second and final time at any regular or special meeting of the
Council held at least 10 days after publication thereof.
The following matters contained in the firemen's proposed
Charter amendment are brought to the specific attention of the
City Council:
1. The proposed amendment does not, as represented, prohibit
firemen from striking, it merely does not give them the right to
strike. No sanctions are imposed by the proposed amendment, in
the event of a strike, slowdown or mass absenteeism by the firemen.
2. The bargaining unit includes all members of the fire
department except the Chief and thereby includes all supervisory
personnel of the fire department. Such inclusion is totally
contrary to the generally accepted make-up of a proper bargaining
unit in the private employment sector.
3. A sole and exclusive collective bargaining agent is
created for all firemen upon selection by a majority of firemen.
All members of the fire department, except the Chief, will be
required to pay dues to the exclusive bargaining agent of the
firemen upon vote of 75% or more of the firemen voting at an election
held for that purpose.
4. Issues not resolved through negotiations are submitted to
arbitration by one person selected by the American Arbitration
Association. The arbitrator's recommendations, if,not accepted
by the City and the exclusive bargaining agent of the firemen,
together with the final proposal of the City, and, at the option of
the exclusive bargaining agent of the firemen, their final proposal
are to be submitted to the people for approval. The proposal
receiving the most votes shall be enacted, not the proposal
receiving a majority of votes. Elections are not limited to general
municipal elections. Periodic costly special city elections may
be required.
5. All matters concerning wages, pensions, rates of pay,
hours, grievance procedure resulting in final and binding arbitration,
working conditions, and all other terms and conditions of employment
except disciplinary matters are subject to bargaining under the
proposed Charter Amendment.
6. The last provision of the ballot question, "and prohibiting
members of the classified service of the fire department from
engaging in any strike, work stoppage, slowdown or mass absenteeism,"
probably should •- deleted from the question submitted to a
vote of the people. See comment 1 above.
7. All matters concluded through collective bargaining
under the proposed charter amendment would supercede all conflictinj
Civil Service brdinances and would establish a separate personnel
system for firemen.
C t rney
.nn 11—Y, mo F PUEBLO
011Y ATTORNEY
'
C
�27 WEST FIIF6S7 INAT11011NAL IBANK V."BB..II: G,
PUE1CBII,„0,„ COLOFaADO 86003
TO: Members of the City Council of the City of Pueblo
FROM: President of the City Council
DATE: September 19, 1977
RE: Notice of Special Meetings of the City Council
A special meeting of the City Council of the City of Pueblo, Colo-
rado will be held on September 2_, 1977 at G:O p o'clock
.M. in the City Council Chambers, 1 City Hall Place, Pueblo,
Colorado 81003, for the purpose of considering on first reading
and presentation an Ordinance, a copy of which is attached hereto,
entitled:
"AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED
ELECTORS OF THE CITY OF PUEBLO AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 8, 1977, A PROPOSED
AMENDMENT TO THE CHARTER OF THE CITY OF PUEBLO RELATING
TO ARTICLE 8 THEREOF, PERSONNEL ADMINISTRATION, PRO-
VIDING FOR COLLECTIVE BARGAINING BY EMPLOYEES IN THE
CLASSIFIED SERVICE OF THE CITY OF PUEBLO, DEFINING
BARGAINING UNITS FOR COLLECTIVE BARGAINING, PROVIDING
FOR THE SUBMISSION OF UNRESOLVED DISPUTES TO A VOTE
OF THE QUALIFIED ELECTORS OF THE CITY OF PUEBLO AT
GENERAL MUNICIPAL ELECTIONS, PROVIDING FOR THE SELECTION
OF BARGAINING AGENTS, PROHIBITING MEMBERS IN THE CLASSI-
FIED SERVICE OF THE CITY OF PUEBLO FROM ENGAGING OR
PARTICIPATING IN ANY STRIKE, WORK STOPPAGE, WORK SLOW-
DOWN, OR MASS ABSENTEEISM AND PROVIDING PENALTIES THERE-
FOR."
A special meeting of the City C cil of the City of Pueblo, Colo-
rado will also be held on V , 1977 at 7:jo o'clock
P.M. in the City Council Chambers for the purpose of considering
on second reading and presentation the above captioned and attached
Ordinance and a Resolution submitting to a vote of the people at the
general municipal election on November 8, 1977 the initiated proposed
charters amendment filed with the City Clerk on September 8 and 9,
1977, copies of which have hereto been furnished to you.
rre'�n"
President of the City cl ncil