HomeMy WebLinkAboutRes2018-024Sponsored by: City Attorney
CITY OF SEWARD, ALASKA
RESOLUTION 2018-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING A UNION REPRESENTATION ELECTION FOR
CERTAIN REGULAR EMPLOYEES, IDENTIFYING THE JOB POSITIONS
ELIGIBLE TO VOTE, AND PROVIDING DIRECTION IF AN
AFFIRMATIVE VOTE RESULTS
WHEREAS, the Alaska Public Employees Association (APEA) has represented sufficient
interest to be recognized as a bargaining representative for Seward City employees; and
WHEREAS, APEA appears to be an appropriate bargaining representative; and
WHEREAS, the City Council has held three public work sessions in regard to union
organizing, voting procedure, and bargaining unit eligible positions; and
WHEREAS, the City of Seward opted out of the Alaska Public Employment Relations Act
(PERA) in 1975 and has adopted its own statutes in regard to collective bargaining; and
WHEREAS, the City Council has indicated that it does not intend to infringe on an
individual's choice to be represented, or not represented, by a union; and
WHEREAS, the Administration, with advice and input from employees, the public, and the
City Council, and applying legal guidance, has determined which positions within the City are not
subject to collective bargaining; and
WHEREAS, the City Council wishes to schedule an election to determine if a majority of
eligible regular employees wish to join APEA; and
WHEREAS, the City Council desires to have a fair election with known ground rules on the
process during and after the election; and
WHEREAS, SCC 3.65.010 allows for employees to individually opt out of union
representation after the negotiation of a union contract; and
WHEREAS, the City Council desires that, should APEA be chosen to represent Seward
employees, employees who reject union representation should not be responsible for paying the
union an agency fee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
CITY OF SEWARD, ALASKA
RESOLUTION 2018-024
Section 1. The City Clerk will conduct a union representation election for eligible regular
employees on May 8, 2018, with voting open from 8:00 a.m. to 5:00 p.m. Absentee ballots will be
available starting on April 24, 2018 in the City Clerk's office for employees who will be unavailable
to vote in person on May 8, 2018. The Election Board will consist of one member designated by
APEA, one member designated by the Administration, and one citizen member. All other aspects of
the election will follow normal City election procedures and practices. The City Clerk will receive a
list of all eligible regular employees on Friday, April 13, 2018 by 5:00 p.m., and will provide that list
to City Council.
Section 2. The following positions within the City of Seward are eligible for union
representation and the individuals in these positions are the eligible voters in said election:
City Clerk Administrative Assistant
Maintenance/Mechanic Operators
Utility Billing
Custodians
Accounting Technicians/Payroll
Parks and Rec Executive Assistant
Planning Technician
Recreation Aide/Admin Assistant
Patrol Sergeant
Campground Coordinator
Corporal
Patrol Officer UIUIII
Teen Rec Room Coordinator
Sports and Rec Coordinator
Police Dispatcher
TYC Coordinator
DMV Clerk
Curator
Correctional Officer I/II/III
Library Technician
Animal Control Assistant
Part -Time Library/Museum Aide
Corrections Sergeant
Harbor Worker II
Dispatch Supervisor
Harbor Dept. Admin Assistant
Animal Control Officer
Harbor Dept. Senior Admin. Assistant
Fire Dept. Executive Assistant
Harbor Worker III/Maint. Supervisor
Building Inspector
MIS Senior Technician
Public Works Administrative Assistant
MIS Aide
Water/Wastewater Operators
Shop Foreman
Wastewater Foreman
Section 3. If a majority of votes cast by eligible regular employees have voted to be
represented, then an executive session will be held to provide direction to the Administration to
negotiate a contract with APEA.
Section 4. If a bargaining unit is established and a contract is negotiated by the
Administration, employees in the bargaining unit will be allowed ten (10) days to opt out of union
representation, continue to have their employment governed by Chapter 3 of the Seward City Code,
and pay no agency fee. Thereafter, any employee wishing to opt out of the union must give thirty
CITY OF SEWARD, ALASKA
RESOLUTION 2018-024
(30) days written notice and then shall be considered as having opted out. Any employee wishing to
opt back in may do so after the next contract is negotiated and approved by council.
Section 5. This resolution shall take effect immediately upon passage.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27'h
day of March, 2018.
THE CITY OF SEWARD, ALASKA
a I
David Squires, Ma r
AYES:
Casagranda, Keil, McClure, Slater, Horn, Towsley, Squires
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
N 0/1
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Alaska Public Employees Association/AFT (AFL-CIO) APEA/AFT
State Headquartersduneau Field Office
2 11 4th Street, Suite 306, Juneau, Alaska 99801-1172
Phone: (907) 586-2334 / (800) 478-9991 / Fax: 4f 3-49801 Acct Fax: 586-5905
Website: www.apea-aft.org
JAN 2 9 2013
Cert. Mail RR # 7015 0640 0002 5004 4321
22 January 2018
Honorable David Squires, Mayor, and
Honorable Members of the Seward City Council
Seward City Hall/410 Adams Street
P. 0. Box 167
Seward, Alaska 99664
RE- Amended Petition for Recognition of Bargaining Unit & Exclusive Representative Union -
Seward City Employees, excluding those represented by IBEW
Honorable Mayor Squires and Honorable Members of the Seward City Council:
Under the authority of The Code of the City of Seward, Alaska, Title 3 - Personnel, Chapter
3.65 - Collective Bargaining, the Alaska Public Employees Association (APEA), an affiliate of
the American Federation of Teachers (AFT), AFL-CIO, respectfully requests voluntary
recognition as the exclusive representative of a bargaining unit comprised of all job
classifications and positions assigned within the City of Seward, except for the management
positions and properly excluded confidential positions. as the term "confidential" is defined for
the purposes of collective bargaining. All other city positions are proposed to be included in the
proposed amended bargaining unit.
APEA represents to Council that it is in possession of "Union Interest Cards" requesting that
APEA be recognized as the bargaining representative for the unit from a majority of the
incumbent employees in the proposed amended bargaining unit. APEA will be pleased to work
with Council to select an appropriate neutral party to verify the showing of interest, if desired.
APEA believes that the Alaska Labor Relations Agency, a neutral state agency with
experience managing and adjudicating labor relations issues, might be available to serve as a
certifying neutral, and suggests they be considered for such a task, if they are willing.
Thank you for your consideration of this matter. The city's employees and APEA both hope
that recognition can be awarded promptly, and the parties can address the business of
negotiating a contract to define the compensation, hours and other terms and conditions of
employment for the amended bargaining unit. We hope, intend and expect that negotiation of
a contract should not be extensive or controversial. We do not contemplate that we will
propose dramatic changes to the City of Seward work environment, but we do believe there is
a need for managerial recognition of the value of the work performed by city personnel.
Anchorage Field Office Fairbanks Field Office
3310 Arctic Blvd., Suite 200, Anchorage, Alaska 99503 14 825 College Road, Fairbanks, Alaska 99701
Phone: (907) 274-1688 / (800) 478-9992 / Fax: 277-4588 � Phone: (907) 456-5412 / (800) 478-9993 /Fax: 456-7478
Mayor David Squires
Members of the Seward City Council
Page 2
22 January 2018
APEA is pleased and proud to have been selected by your city employees as their
representative, and we look forward to working with them and with your honorable council to
serve and benefit the bargaining unit employees, the City of Seward and the entire community.
dial)
Pete Ford
Business Manager
cc: Cecily Hodges, APEA President
APEA Managers and Staff
Seward City Employees, Supporters of APEA
Jim Hunt, Seward City Manager
15
PROPOSED PROCEDURE
For Conducting An Employee Election
Regarding Collective Bargaining Unit
From February 27, 2018 City Council work session
OBJECTIVE
At the direction of the City Council, the City Clerk's office is responsible for conducting an election of City employees relating
to a Collective Bargaining Unit, the results of which would indicate whether the majority of City employees are interested in
having the option of union representation.
PREPARATION
In preparation for an employee election, there are several decision points the City Council will have to consider, including:
• Is there sufficient interest for an election?
- Already determined by consent
• Is APEA the appropriate bargaining representative?
- Also already determined by consent
• Which departments/employees should be included in the bargaining unit?
- Only those employees employed in the specific work classifications the Council determines are appropriate
would take part in the election.
- Ron Long providing proposed list of positions
• Does a majority (50% + 1) of the eligible employees or the votes cast by eligible employees favor representation?
• Answers to above questions along with election date and procedure will be proposed in resolution format at the March
12 Council meeting
ELECTION PROCEDURE
The City Clerk serves as the Municipal Election Official each year to oversee the City's elections, and also assists with borough,
state, and federal elections. Although the Seward City Code does not provide specific provisions for employee elections
regarding Collective Bargaining Units, the Clerk's office would apply the same rules, principles, and security measures as for
any regular municipal election, to the extent possible.
Based on Seward City Code Title 4 and common labor practices:
• Establish date, time, and location for Election Day
- Recommend two days of voting at City Hall to take place during business hours at least one week after Spring
Break, i.e. March 19 or later
• Establish Election Board
- To consist of one union representative, one management representative, and one citizen
• Establish four person Canvass Board
• Create Notice of Election
- Determine how, where, and when to distribute
- Post on all City bulletin boards; email to all employees on list; publish in Seward Journal and Seward City
News
• Ballot
- Neutral, clear, and concise wording
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- I wish to be represented by APEA: YES ❑ NO ❑
• Voter Register
- Obtain a list from the Personnel Officer of employee names to be included in the voting pool
■ Only eligible voters would be those employees currently in positions eligible for unionization
- Create a register to allow space for each employee to sign their name
• Absentee In Person
- Allowed
- How much time to allot?
■ Two weeks prior
- Must include an envelope with an oath, witness, and date
• Campaigning Rules/Restrictions
- Management may not make threats or promises; spy upon employees; or discriminate against union organizers
- Union may not campaign or solicit fellow employees when either employee is on work time nor may anyone
intimidate or harass fellow employees
• Election/Canvass Board
- Count Absentee In Person ballots
- Count Election Day ballots (counting is performed immediately after polls close and is open to the public to
observe)
• Budget
- Advertising
- Ballots
- Election/Canvass Board
• Certification of Election
- To be prepared and signed by three election judges; submitted to City Clerk
UNION INSTALLATION
In the event the City Council decides to proceed with recognizing APEA and the affected employees (those to be included in the
bargaining unit) vote to join the union, the next steps would be:
• Direct the City Manager to begin negotiations with APEA to agree on a contract for working conditions for the
employees
- Contract terms may supplement or substitute existing personnel provisions as negotiated and allowed by law
- If the union and the Administration cannot come to an agreement ("impasse"), they may request further
advice from the Council and request additional time to negotiate
• After reaching an agreement, the Administration submits it to the Council for approval (contract via resolution)
- If the Council rejects the contract, the Council may direct the Administration to revisit negotiations with
APEA
Once a contract is approved by the Council, each employee impacted must be given the option of opting in or out
- 10-day proposed cutoff for opting out of initial and subsequent contracts, and option prior to beginning work
for all subsequent new hires or promotions (SCC 3.65.010)
- Although individuals may opt out, each position in the approved bargaining unit remains a "union position"
and subsequent hires or promotions to that position will be given the option to opt out prior to beginning work
- Bargaining unit positions held by non -union employees are governed exclusively by Title 3 and not subject to
bumping rights or other contract terms
ON
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INSTRUCTIONS TO VOTER: To vote for the issue, mark an X in the box to indicate your
response. Fold your ballot in half with the blank side facing outward. Place your ballot inside
the secrecy sleeve and then take your ballot to the ballot box.
If you make a mistake while voting, return the ballot to the election official and request a
new one. A vote which has been erased or changed on the ballot will not be counted.
OFFICIAL SECRET BALLOT
For certain employees of the City of Seward, Alaska
Union Representation Election
May 8, 2018
Do you wish to be represented for the purposes of collective bargaining by the
Alaska Public Employees Association (APEA)?
YES
DO NOT SIGN THIS BALLOT.
NO
Official City of Seward Seal
(Not official unless embossed)
18
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Union Representation Election
For certain employees of the City of Seward, Alaska
Election Day: Tuesday, May 8, 2018
DUTIES OF THE ELECTION BOARD &CANVASS BOARD
If the City Council approves an election, there will be an Election Board appointed consisting of
three individuals: one member designated by the Alaska Public Employees Association (APEA),
one member designated by the Administration, and one citizen member. There will also be a
Canvass Board appointed consisting of four citizen members.
* No later than 8: 00 a.m. on April 24, 2018, the Election Board will meet as a group in the City
Clerk's office for the purpose of securing the ballot box. Refer to `Procedure to Protect the
Security of the Ballot Box "for details.
The duties of the Election Board members:
• Arrive at 7:30 a.m. on May 8, 2018 (Election Day) to receive training, sign oath, and
open the polling location.
• Each Election Board member will be assigned a specific duty, which will rotate
throughout the day:
- One worker is responsible for voter identification and voter sign in; ensures
the voter has not previously voted
- One worker issues the ballot with a secrecy sleeve
- One worker assists voters at the ballot box
• Throughout the day, the Election Board members oversee and manage the election
process:
- Answer questions about procedure
- Monitor environment to ensure neutrality (i.e., no campaigning)
- Maintain a quiet atmosphere to prevent voter distraction or influence
The polls open at 8:00 a.m. and close at 5:00 p.m., at which time the Election Board stops their
involvement with the proceedings and become observers while the Canvass Board takes over.
The duties of the Canvass Board members:
• Arrive no later than 5:00 p.m. on May 8, 2018 to receive training, sign oath, and
begin the canvass proceedings.
• The four (4) Canvass Board workers will be split into two teams and will
simultaneously, but separately, tally the ballot results in the presence of the public
and the Election Board.
• At the conclusion of the canvassing, the final results will be drawn up by the City
Clerk, and all members of the Canvass Board and Election Board will sign off to
certify the results.
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Union Representation Election
For certain employees of the City of Seward, Alaska
Election Day: Tuesday, May 8, 2018
PROCEDURE TO PROTECT THE SECURITY OF THE BALLOT BOX
The City Clerk's office has a ballot box that is constructed specifically for the purpose of holding
a manual election. The box has no inner compartment or concealments, and is secured using a
pad lock which threads through the cover to connect it to the side of the box. There is an open
slot on the top of the box through which ballots may be dropped.
The ballot box will be used, locked, from the beginning of the absentee voting to the end of
election day, without being opened. To insure that the security of the ballot box remains intact
throughout the entire election process, the City Clerk recommends the following procedure:
• No later than 8:00 a.m. on April 24, 2018, the three members of the Election Board meet
in the City Clerk's office for the purpose of securing the ballot box:
- In the presence of everyone, open the ballot box so that every individual can
verify that the contents of the box are empty;
- Close the ballot box and secure it with a padlock;
- Place the key(s) to the padlock inside a small envelope and seal the envelope;
- Each member of the Election Board and the City Clerk write their names across
the envelope's seal;
- Store the envelope in the City Clerk's office until called for by the Canvass
Board;
- The Canvass Board verifies that the envelope remained intact and was secure.
• The ballot box will be located within the City Clerk's office throughout the absentee
voting period; the City Clerk's office is attended by staff from 8:00 a.m. — 5:00 p.m.
Monday through Friday, and when not attended, the office is locked. On Election Day,
under the supervision of the Election Board, the City Clerk will relocate the ballot box to
Council Chambers.
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