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HomeMy WebLinkAbout04788i13 ORDINANCE NO. 4788 AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF PUEBLO AT THE GENERAL ELECTION TO BE HELD ON NOVEMBER 4, 1980, 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, PROVIDING FOR THE SELECTION OF BARGAINING AGENTS, PROHIBITING EMPLOYEES IN THE CLASSIFIED SERVICE OF THE CITY OF PUEBLO FROM ENGAGING OR PARTICIPATING IN ANY STRIKE, WORK STOPPAGE, WORK SLOWDOWN, OR MASS ABSENTEEISM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1. The proposed amendments to the Charter of the City of Pueblo, Colorado set forth in SECTION 2 hereof shall be and hereby are sub- mitted to a vote of the qualified electors of the City of Pueblo, Colorado at the general election to be held November 4, 1980. 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 election. Said election shall be held and conducted as nearly as prac- ticable in conformity with the provisions of the "Colorado Municipal Election Code of 1965". 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. SECTION 2. (a) That, effective immediately upon adoption, legal publication and filing with the Secretary of State of this amendment, Section 8-4, Section 8-9, Section 8-14, Section 8-14(a), Section 8-14(b), Section 8-14(c), Section 8-14(d), Section 8-14(i), Section 8-14(j), Section 8-14(k), Section 8-14(1), Section 8-14(m), Section 8-14(n), and Section 9-3 of the Charter of the City of Pueblo shall be and the same hereby are amended, and the follow- ing new sections shall be added to the Charter of the City of Pueblo, Section 8-14(o) and Section 8-14(p), and all of the above sections to be amended or added shall read as follows: Section 8-14. Collective Bar_qaining for employees in the classified service of the City of Pueblo. The protection of the public health, safety, and welfare demand that employees in the classified service of the City of Pueblo not be accorded the right to strike or engage in any work stoppage, slowdown, or mass absenteeism. This necessary pro- hibition does not, however, require the denial to such employees of the City of Pueblo other well recognized rights of employees, such as the right to organize, be represented by an employee organization of their choice, and the right to bargain collectively concerning wages, rates of pay, hours, grievance and disciplinary procedures, working conditions, and other terms and conditions of employment, except that employees in the classified service shall not be permitted to bargain in regard to disciplinary measures and the application thereof to individual employees, provided that the application thereof to individual employees may be grieved according to the grievance procedures contained in a collective bargaining agreement. It is hereby declared to be the public policy of the City of Pueblo to accord to employees in the classified service of the City all rights of labor other than the right to strike or organize any work stoppage, slowdown or mass absenteeism. To provide for the exercise of these rights, a method of resolution of disputes is hereby established in lieu of the right to strike. The establishment of this method of resolution of disputes shall be deemed to be a recognition of the necessity to provide an alternative mode of settling disputes where employees in the classified service as a matter of public policy must be denied the right to strike. Section 8-14(a) Definitions. As used in this Section and its subparts, the following terms shall, unless the context requires a different interpretation, have the following meanings: (1) The term "fire fighters" shall mean the members and positions of the classified service of the fire department of the City of Pueblo at the time of adoption hereof, including the positions of Assistant Fire Chief, Fire Captain, Fire Engineer, Fire Fighter Corpsman, Fire Prevention Inspector, Fire Fighter I, Fire Fighter II, Fire Fighter III and Fire Fighter IV. (2) The term "police officers" shall mean all certified peace officers in the classified service of the department of police employed by the City of Pueblo, with the exception of Captains and Majors. (3) The term "other classified employees" shall mean all other non -supervisory employees in the classified service of the City of Pueblo except fire fighters, police officers and stagehands. For the sole purpose of the initial election for a sole and exclusive bargaining agent for other classified employees pursuant to Section 8-14(c), all employees in the classified service except fire fighters, police officers and stagehands may vote and such right to vote shall not be considered in determining whether any such employee is a supervisory employee. (4) The term "corporate authorities" shall mean the proper officials, including, but not limited to, department heads of the City of Pueblo whose duty it is to establish the wages, salaries, rates of pay, hours, working conditions, or other terms and conditions of employment of employees in the classified service. (5) The term "sole and exclusive bargaining agent" shall mean an employee organization chosen by a bargaining unit pursuant to Section 8-14(c) for the purpose of bargaining regarding the wages, salaries, rates of pay, hours, working conditions, or other terms and conditions of employment. (6) The term "bargaining unit" shall mean: (a) fire fighters, (b) police officers, or (c) other classified employees. (7) The term "supervisory employee" shall mean any individual having authority, in the interest of the City of Pueblo, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. -2- Section 8-14(b). Right to Organize and Bargain Collectively. The employees in the classified service of the City of Pueblo shall have the right to bargain collectively with the City of Pueblo and to be represented by an employee organization in such collective bargaining respecting wages, rates of pay, hours, grievance and disciplinary procedures which may result in arbitration, working conditions and all other terms and conditions of employment, except that employees in the classified service shall not be permitted to bargain in regard to disciplinary measures and the application thereof to individual employees, provided that the application thereof to individual employees may be grieved according to the grievance procedures contained in a collective bargaining agreement. Section 8-14(c). Selection and Recognition of Bargaining Agent. (1) The sole and exclusive bargaining agent for each bargaining unit for the purpose of collective bargaining shall be the sole and exclusive representative of all classified employees in the bargaining unit, if the majority of the classified employees of the respective bargaining unit, voting in an election, vote for such collective bargaining agent. (2) When a question arises concerning the selection of a sole and exclusive collective bargaining agent, the Civil Service Commission shall determine the question thereof by taking a secret ballot of employees in that bargaining unit and certifying in writing the results thereof to the person, persons, employee organization and corporate authorities involved, said secret ballot election to be conducted not less than fifteen (15) days nor more than thirty (30) days from the date of filing the petition. The Civil Service Commission shall certify the results in the above described manner within one (1) working day of the close of the polls. (3) Questions concerning the selection of a sole and exclusive bargaining agent may be raised only by petition of the classified employees in the bargaining unit or any employee organization representing or wishing to represent the classified employees in the bargaining unit, signed by at least 33 percent of the classified employees in the respective bargaining unit employed on the date of filing the petition. Such a petition may be submitted at any time to the Civil Service Commission provided that in the event there is a sole and exclusive collective bargaining agent for the bargaining unit then certified or recognized by the corporate authorities, no petition may be filed until said certified or recognized sole and exclusive collective bargaining agent has had a twelve-month period in which to attempt to enter into a collective bargaining agreement with the corporate authorities unless said sole and exclusive collective bargaining agent can be shown to have been initiated, created, or dominated by the corporate authorities or persons acting on behalf of the corporate authorities; and provided further that no petition may be filed during the term of an existing collective bargaining agreement, until the period from January 1 to January 31 of the final year of such collective bargaining agreement. The Civil Service Commission shall make such rules as are necessary, and provide appropriate forms for the filing of such petition and the conducting of such elections. (4) The employee organization selected by the majority of the classified employees in a bargaining unit as herein provided shall be recognized by the City of Pueblo as the sole and exclusive collective bargaining agent for all classified employees in that bargaining unit, unless and until recognition of such employee organization is withdrawn by a majority vote of the classified employees in such bargaining unit voting in an election for such withdrawal. Section 8-14(d). Duty to Bargain in Good Faith. It shall be the obligation of the City of Pueblo, acting through its corporate authorities' designated representatives, to meet and confer in good faith with the representative or representatives of the sole and exclusive collective bargaining agent for each bargaining unit within 10 days after receipt of written notice from said exclusive collective bargaining agent of the request for a meeting for collective bargaining purposes. This obligation shall include the duty to cause any agreements resulting from negotiations to be reduced to a written contract. -3- It shall be the obligation of the sole and exclusive collective bargaining agent of each bargaining unit after giving written notice for collective bargaining and within 10 days after receipt of written notice from the corporate authorities of a request for a meeting for collective bargaining purposes to meet and confer in good faith with the designated representatives of the corporate authorities at all reasonable times and places. This obligation shall include the duty to cause any agreements to be reduced to a written contract. Section 8-14(i). Factors to be Considered by Arbitrator. The arbitrator shall conduct the hearings and render his recommendations upon the basis of a prompt, peaceful and just settlement of all unresolved issues between the sole and exclusive collective bargaining agent and the corporate authorities. The factors to be given weight by the arbitrator in arriving at a decision shall, if applicable and relevant, include: (a) Comparison of wage rates, hours, terms and conditions of employment of the classified employees in the bargaining unit with prevailing wage rates, hours, terms and conditions of employment of skilled employees of the building trades and industry in the local operating area involved. (b) Comparison of wage rates, hours, terms and conditions of employment of the classified employees in the bargaining unit with the wage rates, hours, terms and conditions of employment of similar employees in the cities or towns of at least equal size to Pueblo in the State of Colorado. (c) Interest and welfare of the public, and the financial ability of the corporate authorities to finance the cost items proposed by each party. (d) Comparison of peculiarities of employment in regard to other trades or professions, specifically: (1) Hazards of employment (2) Physical qualifications (3) Educational qualifications (4) Mental qualifications (5) Job training and skills (6) Degree of responsibility exercised (7) Work schedules (8) Experience requirements (e) Other similar standards recognized in the resolution of interest disputes. Section 8-14('). Fees and Expenses of Arbitration The necessary fees and costs of arbitration shall be borne by either the City or the sole and exclusive collective bargaining agent of the bargaining unit, whichever refuses to accept the recommendations of the advisory arbitrator. If both refuse, or both accept, the fees and costs shall be borne equally by the City and the bargaining agent. Section 8-14(k). Im asse Election (1) The recommendations of the arbitrator shall be advisory only. The corporate authorities and the sole and exclusive collective -4- bargaining agent of the classified employees in a bargaining unit shall simultaneously notify each other whether or not it will accept and implement the recommendations of the arbitrator within ten (10) days of receipt of the advisory arbitrator's recommendations. (2) (a) In the event both the corporate authorities and the sole and exclusive collective bargaining agent for the classified employees in a bargaining unit are unwilling within twenty (20) days after receipt of the advisory arbitrator's recommendations to enter into a collective bargaining agreement, the corporate authorities shall cause the final written proposal of both the corporate authorities and the bargaining agent made before the start of the advisory arbitra- tion hearing to be referred to a vote of the qualified electors of the City of Pueblo at an election to be held not less than thirty (30) nor more than ninety (90) days from the date of the arbitrator's recommendations on the final written proposals submitted by the parties. If either the corporate authorities or bargaining agent has accepted the arbitrator's recommendations, then the arbitrator's recommendations shall be referred to a vote of the electors instead of the final proposal of the party which has so accepted the arbitrator's recommenda- tions with the notation that such party has accepted the arbitrator's recommendations. (2) (b) The ballot for any election conducted pursuant to paragraph (a) of this section shall, if both parties are unwilling to accept the arbitrator's recommendations, list the final written proposals of the sole and exclusive collective bargaining agent for the classified employees in the bargaining unit and the final proposal of the corporate authorities. The order of listing on the ballot shall be determined by the Civil Service Commission by lot or by a flip of a coin. If either party has timely accepted the arbitrator's recommendations, the ballot shall contain the arbitrator's recommendations instead of the final written proposal of such party, together with the final written proposal of the other party, in which event the arbitrator's recommendations shall be listed first on the ballot. (2) (c) At any election conducted pursuant to this section, the proposal or recommendation receiving the most votes shall be enacted and implemented by the corporate authorities and the bargaining agent. (2) (d) Final written proposal shall mean the written proposal made latest in time by a party, provided such proposal is made not less than ten (10) days prior to the start of the advisory arbitration hearing. Section 8-14(1). Collective Bargaining Agreement - What Constitutes. Any agreement actually negotiated between the sole and exclusive collective bargaining agent of the classified employees in a bargaining unit and the corporate authorities before the enactment of a Resolution referring the final proposals to a vote of the people, or if the issue is presented to the voters, the proposal receiving the most votes at any such election, shall be reduced to writing and signed by the sole and exclusive collective bargaining agent for the classified employees in the bargaining unit and the corporate authorities and shall be enacted as an ordinance by the corporate authorities. All collective bargaining agreements shall be for a term of at least one year and not more than three years and shall be effective on a January 1 date and shall terminate on a December 31 date. All such agreements shall be effective and enforceable throughout their term notwithstanding either the provisions of Article 7 of this Charter or any other provision of this Charter or any state statute. Section 8-14(m) Re nest for Collective Bargaining Collective bargaining shall not be requested or initiated except during the last calendar year of a collective bargaining agreement, providing that if no collective bargaining agreement then exists -5- between the corporate authorities and the sole and exclusive bargaining agent for a bargaining unit, collective bargaining shall not be requested or initiated more than once during a calendar year. Written notice requesting a meeting for collective bargaining shall be served upon the other party on or before the first day of April of such calendar year. Section 8-14(n). Pensions Not to be Reduced. The benefits provided by Sections 8-10 and 8-11 shall remain in full force and effect until such time as the benefits provided by said sections may be modified by the terms of a collective bargaining agreement or agreements entered into pursuant to the requirements and provisions of Section 8-14 of this Charter and the subdivisions thereof, provided however, that such agreement or agreements as they may modify or change said sections shall in no way lessen, lower, diminish or reduce the benefits, salaries, pensions or other entitlements that are granted to classified employees of the City, pursuant to said sections on the date of adoption of this amendment; and provided further that no person who is either receiving or has contributed monies toward a pension shall cease in any manner to be eligible for the full pension which was contemplated on the date of the adoption of this amendment, unless they voluntarily withdraw from the same. Section 8-4. Duties and Powers of Civil Service Commission. It shall be the duty of the Civil Service Commission in compliance with rules established by the Council: (a) To hear appeals from any action pertaining to classification, reclassification, and allocation of positions, and from any disciplinary action involving suspension, demoting, or dismissing any employee in the classified service as hereinafter provided, and to report in writing to the superior taking the action appealed from, its findings and decisions. Any superior taking action such as above mentioned shall present such an employee, in writing, a statement as to what action is being taken and for what reason. If the employee desires, he may take the complaint to the Chairman of the Civil Service Commission and be given a hearing by the Commission within five (5) days. The decisions of the Civil Service Commission on appeals shall be final unless reversed by the District Court; (b) To provide for reinstatement of any employee found innocent of preferred charges; (c) To investigate any or all matters relating to conditions of employment in the City and to make at least annually a report of its findings to the Council; (d) To hold a public hearing on proposed Civil Service rules. Public notice of such hearing shall be given at least five (5) days in advance; (e) To hold periodic competitive examinations in accordance with the rules adopted by the City Council; (f) To perform such other and different lawful acts and functions as may be set forth by the Council. Section 8-9. Prohibitions. No person in the classified service of the City or seeking admission thereto shall be appointed, promoted, reduced, removed or in any way favored or discriminated against because of his race or his political or religious opinions or other affiliations or non -affiliations; provided that it shall be permissible and it shall not be in violation of this Charter for the City to enter into an agreement with the sole and exclusive collective bargaining agent for the classified employees in a bargaining unit, which requires the payment by the classified employees in a bargaining unit to said sole and exclusive collective bargaining agent of an amount not to exceed the normal dues and assessments required of members of said sole and exclusive collective bargaining agent if seventy-five percent (75%) or more of the classified employees in a bargaining unit voting in an election conducted by the Civil Service Commission approve including such a provision in any collective bargaining agreement entered into between the City and said sole and exclusive collective bargaining agent. No person shall willfully or corruptly make any false statement, mark, rating or report in regard to any test, certification, or appointment held or made under the personnel provisions of this Charter or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel provisions or of the rules and regulations made thereunder. Any employee of the classified service desiring to run for public office shall take a leave of absence during such campaign and if elected shall cease to be employed by the City. No person seeking appointment to or promotion in the classified service of the City shall either directly or indirectly give, render or pay any money, service or other valuable thing to any person for or on account of or in connection with his test, appointment, proposed appointment, promotion, or proposed promotion. No person shall orally, or by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding a position in the classified service of the City. No person holding a position in the classified service of the City shall make any con- tribution to the campaign funds of any political party or any can- didate for public office or take part in the management, affairs, or political campaign of any political party or any candidate for public office, further than in the exercise of his right as a citizen to express his opinion and to cast his vote. The above prohibitions shall be in accord with Section 2-8. Section 8-14(o). No Action in Conflict With a Collective Bargaining Agent. The corporate authorities, its employees and the Civil Service Commission shall not either make or enforce any assignment, rule or regulation or order which is in conflict with the provisions of any collective bargaining agreement entered into pursuant to Section 8-14 of this Charter between the City and the sole and exclusive collective bargain- ing agent for any bargaining unit. Section 8-14( ). Strikes Prohibited. Employees in the classified service of the City are prohibited from engaging or participating in any strike, work stoppage, work slowdown, or mass absenteeism involving employees of the City or the City of Pueblo. Section 9-3. Fire Chief. The Fire Chief shall be in direct command of the Department of Fire. He shall assign all members of the Department to their respective posts, shifts, details and duties. He shall make rules and regulations with the approval of the City Manager and in conformity with the ordinances and resolutions of the City, concerning the operation of the Department and the conduct of all employees thereof. He shall be responsible for the efficiency, discipline, and good conduct of the Department and for the care and custody of all property used by the Department. The Chief shall, subject to approval of the City Manager and Council, have further power to make regulations with force of law, implementing and giving effect to the laws and ordinances and resolutions relating to fire prevention and fire safety. (b) Severabilit . If any clause, sentence, paragraph or part of this Charter 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, such judgment shall not affect, impair or invalidate the remainder of this Amendment or its application. (c) Savin s Clause. This Charter Amendment shall not invalidate any election held under Section 8 of the Charter or any existing collective bargaining agreement between the City of Pueblo and the sole and exclusive collective bargaining agent of the fire fighters. (d) The ballot label for said Charter Amendment shall be: "Charter Amendment No. 1 Shall the Charter of the City of Pueblo relating to Article -7- 8, Personnel Administration, and concerning employees in the classified service of the City of Pueblo be amended to prohibit employees in the classified service from engaging in any strike, work stoppage, slowdown or mass absenteeism; to provide for the right of employees in the classified service to bargain collectively with the City of Pueblo; to provide for the establishment of wages and benefits of employees in the classified service through collective bargaining; to provide for advisory arbitration of interest disputes and if the City and employees in the classified service are unable to agree, an election in which the qualified electors of the City of Pueblo will resolve the issues by selecting one of two proposals or recommenda- tions; to provide a method for selecting an advisory arbitrator and designating an advisory arbitrator so selected as a municipal officer while acting as an advisory arbitrator; establishing guidelines which an advisory arbitrator must, if applicable and relevant, follow; establishing a method by which employees in the classified service select or remove a sole and exclusive bargaining agent; and providing conditions under which employees in the classified service may be required to contribute monies to the sole and exclusive bargaining agent for a bargaining unit of the employees in the classified service of the City of Pueblo. For the Amendment Against the Amendment " 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. SECTION 4. This Ordinance shall become effective immediately upon final passage. ATTEST: ,..M City C erk INTRODUCED A„ g„-,t -2 5 , 1980 By DOROTHY BUTCHER Councilman APPROVED: President of the Council M.