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Home My WebLink About02262019 City Council Work Session Notes - PERA do fb;/� )0kid.okovks 0'66\4 wi�Q/Y p�.E�CAM , _\9Ax WORK SESSION NOTES ON Purpose: -E� (R-AatCC, (0 Q 6 (2,1 csv1s f-- c--D •m 4 Present: Council Members Present: Ton at4 ei,t,e- e, -'rte 500014w cA r Atte-914.)re Seese � ei 9�'`��,c'� t wv►nlln U�Y� d U t�Cu 5 's PA✓le „pit xvu:clico.5 1„.,,,,voliak o 3 Called by: rn �o fit L Time: (.04024:11 Date: q V� ` • ° .......A,............................................. ,,i,v, y.,,,-; K ,,„00t, ' .34-g Alta, j CL 1 S,,t0 A. S i t-G„ L; / -„,,.t_ $0 v,,.e- $0 1.w'e- , til.►vv e f3V S G A VAuskiy. Ko -,A, , a kAl At ,3,1410(. jevtir , —6 cl,e to to -n,,..v) c).f.fz.sov-takim --k-o vx c-rAii 0-v4 vl't^-1"-I' ';irak-vNIANIMJ2-e- ckoi.4 v\AN+ kivAx, -to 1;6, -HAL_ uyi,t`0(4, . U tiv-b-v 94/4-, Cun 1"-- c.o QR) uwio(V Cad-if-a& i)kG JiGki6i oma'' --"-r) -Pc,vmoo\w 12v2S\--1114% 0v) — 5L er0 Uhe SGvvv\ e- ax) 6v`1' 1�tra- /I,C / 6/ 0224, S P : t y,v" As h. t 13 ei- Cw A Jt �usf,►i COMPARISON OF CITY CODE AND THE PUBLIC EMPLOYEES RELATIONS ACT SEWARD CITY CODE AND PERA(AS 23.40) CHARTER What authority governs the Seward City Council The Alaska Labor Relations Board rules for union organizing, and determines appropriate determines appropriate bargaining units, resolving related disputes? bargaining units based administers representation elections, and on desires of the resolves unfair labor practice charges. employees and avoiding unnecessary The Alaska Labor Relations Agency fragmentation consists of: (3.65.025) • Two management representatives • Two labor representatives • Two members of the general public No more than three members can be from the same political party(AS 23.05.360) Appropriate bargaining unit is based on "such factors as community of interest, wages, hours, and other working conditions of the employees involved, the history of collective bargaining, and the desires of the employees. Bargaining units shall be as large as is reasonable and unnecessary fragmentation shall be avoided." (AS 23.40.090) Does the employee have an Employees can decide Right of Nonassociation (8 AAC 97.305- obligation to join a Union? whether they want to be 320) covered by the collective • Escrow account(8 AAC 97.305) bargaining agreement or • Religious objectors(8 AAC 97.310) by city code (3.65.010) o Dues go to charitable organization • Fee Objectors (8 AAC 97.320) o Right to object to payment of amounts unrelated to collective bargaining or contract administration o Right to request financial statements reviewed by an auditor and list of chargeable/nonchargeabl e expenditures o Decision by impartial decisionmaker What happens after the parties City council approves the Monetary terms are subject to legislative negotiate the terms and terms of the collective funding(AS 23.40.215) conditions of employment bargaining agreement under the Collective Bargaining (3.65.015) Agreement? How is the contract approved? What must No agreement may Items not subject to bargaining (AS be or cannot be included in the require changes in 23.40.075) Collective Bargaining wages or working Agreement? conditions that are retroactive to any date prior to the date of approval by the city council. (3.65.020) Can Employees strike if No right to strike Classes of public employees(AS contract negotiations are at an (3.60.035) 23.40.200) impasse? • (a)(1) - police, fire,jail, prison, correctional, and hospital employees o No right to strike, but right to binding interest arbitration • (a)(2)—public utility, snow removal, sanitation, educational institution employees other than employees of a school district, a regional educational attendance area, or a state boarding school o Limited right to strike after mediation if it does not threaten the health, safety, or welfare of the public • (a)(3)—all other public employees o May engage in right to strike if a majority of the employees in the bargaining unit vote by secret ballot to do so Petition for strike determination (8 AAC 97.260) • Process for determining if employees are (a)(1), (a)(2), or (a)(3) What is the policy behind labor Seward City Council may Declaration of Policy: negotiations? What are the develop, adopt or 1) Recognizing the right of public rules that apply to organizing modify its labor policy employees to organize for the efforts? and procedures in an purpose of collective bargaining open and public manner, 2) Requiring public employers to with the opportunity for negotiate with and enter into input from Seward written agreements with citizens and employees. employee organizations on (Charter 3.1) matters of wages, hours, and other terms and conditions of employment; 3) Maintaining merit-system principles among public employees (AS 23.40.070) Seward City Council may Right of public employees to organize and develop, adopt or engage in concerted activity (AS modify its labor policy 23.40.080) and procedures in an open and public manner, Organizational activities (8 AAC 97.200) with the opportunity for • Union can only organize during input from Seward lunch break, relief periods, or citizens and employees. before or after work (Charter 3.1) • Union must notify public employer that it is on employer's premises prior to conducting organizing activities How will an election to Seward City Council may Representation election procedures(AS determine whether or not a develop, adopt or 23.40.100) (8 AAC 97.100) Union will be the bargaining modify its labor policy representative occur? and procedures • Petition for certification of including establishing Bargaining Representative (8 AAC procedures for a 97.025) representation election, such as recently • Petition for decertification of occurred with APEA. bargaining representative (8 AAC (Charter 3.1) 97.030) • Petition filed by public employer with good faith doubt about majority status of bargaining agent(8 AAC 97.040) • Investigation of whether bargaining unit is appropriate (8 I. r AAC 97.060) • Notice posting and opportunity for interested parties to intervene or file objections (8 AAC 97.070) • Intervention by other labor organization (8 AAC 97.080) • Rules for supervisory and confidential employees (8 AAC 97.070) • Voluntary recognition (8 MC 97.110) • Form of ballots must include choice of no representative (8 AAC 97.150) • Voting eligibility(8 AAC 97.130) • Election procedures (8 AAC 97.140) • Challenged ballots(8 AAC 97.160) • Objections to elections (8 AAC 97.170) • Certification of election (8 AAC 97.180) • Runoff elections (8 AAC 97.190) Which positions will be Seward City Council Unit clarification petition (8 AAC 97.050) included in the Union? determines appropriate • Clarification or amendment to an bargaining units. existing bargaining unit based on (3.65.025) changed circumstances, newly created positions, or some other reason What is an employee's or the The city cannot retaliate Unfair labor practices(AS 23.40.110) Union's remedy or avenue for against someone for • Public employers cannot interfere redress if there is a claim that filing a grievance or with, restrain, or coerce the City is discriminating testifying during the employees in the exercise of their against an employee or not grievance procedure rights; discriminate, retaliate; or bargaining in good faith. provided for in the city refuse to bargain in good faith code. (3.40.060) • Labor organizations cannot restrain or coerce employees in the exercise of their rights; cannot restrain or coerce public employers in the selection of the employer's representative for the purposes of collective bargaining or grievance adjustment; and cannot refuse to bargain in good faith Seward City Council may Unfair Labor Practice procedures(8 AAC develop, adopt or 97-220-250) modify its labor policy • Rules for how to file a ULP (8 AAC and procedures in an 97.220-225) open and public manner, • Investigation by ALRA(8 MC with the opportunity for 97.230) input from Seward o If agency finds probable citizens and employees. cause to support the (Charter 3.1) complaint, it will attempt to resolve through the use of conference, conciliation and persuasion • Notice of accusation (8 AAC 97.240) o If agency can't resolve informally, it will issue a notice o Relevant decisions of NLRB will be given great weight in determining what constitutes a ULP • Dismissal (8 AAC 97.245) o If agency does not find merit • Review of dismissal (8 AAC 97.250) o Process for appealing a dismissal What methods of dispute Seward City Council may Mediation (AS 23.40.190) (8 AAC 97.270) resolution are available if the develop, adopt or • If parties reach impasse, parties are at impasse in modify labor policy and possibility of appointment of negotiations? procedures, including a mediator from FMCS dispute resolution procedure in the event negotiations are at impasse. (Charter 3.1) Advisory arbitration (8 AAC 97.280) • Only applies to municipal school districts, regional educational attendance areas, or state boarding schools How will charges or complaints Seward City Council may Procedures for Hearings (8 AAC 97.330- be resolved by the governing develop, adopt or 480) authority? modify its labor policy and procedures, including establishing procedures for public hearings. (Charter 3.1) How are Collective Bargaining The Seward City Council Collective Bargaining Agreements(8 AAC Agreements enforced? may negotiate and enter 97.500-520) into collective bargaining • Filing contracts with ALRA (8 AAC agreements with labor 97.500) organizations, such as o Petition to enforce exist presently with contract (8 AAC 97.510) IBEW and APEA. o Must have exhausted (Charter 3.1) grievance arbitration procedure