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HomeMy WebLinkAboutOrd1985-540 . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 540 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, CONCERNING COLLECTIVE BARGAINING WITH CITY EMPLOYEES WHEREAS, the City of Seward opted out of the State of Alaska Public Employee Relations Act in 1975 by Ordinance No. 412, and has again in 1985 rejected a request to become subject to the terms of that Act, and intends to retain local control over labor relations while granting limited rights to those employees who choose to be covered by a collectively bargained agreement to affiliate together in a labor organization and bargain with the City; and WHEREAS, pursuant to Resolution No. 85-34 the City has permit- ted an election among City employees for the purposes set forth in that Resolution; and WHEREAS, the results of that election were certified by the City Council and the City had determined in Resolution No. 85-34 that if a majority of the City employees voted in favor of being represented by the IBEW then the City Council would begin to make the required changes in its ordinances and personnel regulations to permit collective bar- gaining on behalf of those employees who choose to be covered by a collective bargaining agreement, while protecting the rights of those who do not choose to be covered by a collective bargaining agreement; and WHEREAS, the City Council finds it in the public interest to make the minimum changes necessary to its existing Personnel Ordinance in order to preserve the stable atmosphere that has prevailed in the City during the past years; and WHEREAS, given the size of the City of Seward, its remote geographical location and the dependence of the public on City services, the City Council views all City employees as essential for the public peace, health, safety and convenience; and WHEREAS, the City Council is aware of the common law with regard to the issue of whether public employees have the right to engage in strikes or other concerted economic action and the City Council wishes to codify those provisions and to also cover those areas which might be in dispute among the various courts; and WHEREAS, the City Council, as previously referenced in Resolu- tion No. 85-34, does not intend to infringe on any individual's right to join or not join a union or be subject to the terms of a collectively bargained agreement, even though Federal or State statutes may provide otherwise; and -1- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 540 WHEREAS, the City Council wishes to make known some of the more important reasons for enacting changes to the Seward Code while not being bound by only the reasons set forth below; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The City Council of the City of Seward, Alaska, makes the following legislative determinations: a. The City of Seward is remote geographical- ly, and the City provides essential public services including fire, police, sewer, water, snow removal, street repair, electrical, and other services critical to the public health, safety and con- venience. b. Granting public employees the right to strike may be construed as granting employees the right to deny the authority of the City of Seward, and, as a home rule municipality, the City of Seward desires its authority to be broadly construed. c. A strike or work stoppage by public employees is the equivalent to a rebellion against the very existence of the government and is not to be condoned or permitted. d. Employees of the City of Seward, being agents of the City and serving only public purposes, are entirely different from employees in the private sector and a strike by them would contravene the public welfare and paralyze the City and endanger the public health, safety and convenience. e. Since the terms of employment of City employees include economic obligations and commit- ments which under the City of Seward Charter can only be determined by the City Council, granting a right to strike would, in effect, permit employees to place undue pressure and influence on the City Council in that the City Council would be prone to accede to the demands of striking employees in order to protect the public, while the concessions granted in so doing may well also be against the public interest insofar as they could affect the financial well being of the City. Employees ought not be permitted to put the City in such a dilemma. f. Unlike private enterprise, Seward does not perform its public the City of functions and -2- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 540 activities for profit considerations may not important considerations to become the most activity. and thus purely economic appropriately be the most and should not be allowed important through strike g. The efficient operation of the City and harmonious labor relations between the City and its employees will best be served when each individual employee has the maximum freedom possible to choose individually whether to affiliate with other employ- ees or a labor organization for the purpose of collective bargaining. h. The interests of the majority of the City employees should not infringe on the interests of the minority provided the interests of the minority can be accommodated. i. Because the City of Seward has a long- standing set of personnel procedures and ordinances which, for the most part, have resulted in stable and harmonious labor relations, the public interest would be best served by permitting each individual employee the right to choose to continue to be subject to the existing personnel policies and procedures (as they may be amended), thus permitting each employee the widest possible freedom to choose while at the same time permitting those who wish to collectively bargain the right to do so. The City realizes that this approach could be construed as a possible violation under Section 8(a)(1) of the National Labor Relations Act, but also realizes, for reasons set forth above, that the City has the right to determine its own labor relations policies, and has determined, as a legislative matter, that the greatest freedom of choice for individual employees serves the public interest best. j. The City Council realizes its obligation never to surrender the power of taxation as set forth in the City Charter. The City Council deter- mines that the accountability of the City Council to the public can only be maintained if this power to tax remains exclusively with the City Council. Since the commitment of public monies in the form of wages and working conditions can result in a tax adjustment, the City Council determines that it is essential that the City Council approve any collec- tive bargaining agreement before it can become effective. Because of the budget requirements set -3- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 540 forth in the City Charter, and in order to preserve the public's opportunity to be heard on the budget, any collective bargaining agreement which would result in a change in the amounts budgeted for City employees must be concluded in time for the changes to be included in the annual budget prior to the end of the fiscal year. k. The City Council also realizes that it would be unrealistic to require collective bargain- ing to conclude in the first year prior to the required budget deadlines and therefore finds that it would be permissible, for the budget year 1986 only, to review a collectively bargained agreement which could result in changes in wages or working conditions provided that such an agreement were to be submitted prior to August I, 1985, and further, that any changes in wages or working conditions would not be retroactive. L The City Council finds that due to the annual budget process it would disrupt the orderly operation of the City if collectively bargained agreements were to expire at any time other than the close of the fiscal year. Section 2. Section 17-13.6 of the City of Seward Code is added to read as follows: Sec. 17-13.6 No right to strike. No City employee shall have the right to strike. A strike is defined as a concerted failure to report for duty, a willful absence from work, a stoppage of work, or an abstinence from the full and proper performance of duties for the purpose of inducing or coercing a change in working conditions or compen- sation. The term strike includes any refusal to perform regular duties while other City employees, or any other persons, are engaged in picketing or any other work stoppage, slowdown or refusal. Section 3. A new Section 17-14 is hereby created and added to the Seward City Code as follows: SECTION 17-14 COLLECTIVE BARGAINING Sec. 17-14.1 Freedom of Choice. Upon the conclusion of the collective bargaining process and the approval of any such contract by the City Council as provided in Section 17-14.2 below, each City employee included within the bargaining unit -4- . . . e . CITY OF SEWARD, ALASKA ORDINANCE NO. 540 shall indicate whether that person wishes to be governed by the terms and conditions contained in that agreement. If not, then the employee shall continue to be subj ect to this personnel code and regulations and pay plan as they exist and may be amended or changed. Neither the City nor any City employee shall discriminate against any employee solely by reasons of that employee's exercise of this right to choose, although differences between terms and conditions of employment set forth in the City Personnel Code and those terms and conditions set forth in a collectively bargained agreement that result in differential treatment will not be a violation of this section. Each new employee likewise shall have the right to choose between the Personnel Code and any collectively bargained agreement after being offered a position but before beginning work. Sec. 17-14.2 Submission of collective bargain- ing agreements to the City Council. Any collective- ly bargained agreement is subject to approval by the City Council. Sec. 17-14.3 Effective dates for agreements. All collectively bargained agreements shall expire on June 30 of the last contract year. No agreement may require changes in wages or working conditions that are retroactive to any date prior to the date of approval by the City Council. Sec. 17-14.4 Appropriate Bargaining Unit. The City Council shall determine, in each instance, the unit appropriate for purposes of collective bargain- ing. In making its determination, the City Council shall consider the avoidance of fragmented bargain- ing units and any expressed desires of members of the unit. Section 4. This ordinance shall take effect 10 days following enac tmen t. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 29th day of May , 19 85 -5- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 540 THE ?TY OF SE~ARD' ALASKA l /J., )/t/ 1 cT4d/;(l;tL<C // DONALD W. CRIPPS, M!YOR1 AYES: NOES: ABSENT: ABSTAIN: CRIPPS, GILLESPIE, HILTON, MEEHAN, SCHOLL, SIMUTIS & WILLIAMS NONE NONE NONE ATTEST: APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, At torneys for the City of Seward, Alaska 7~f2I~ Fred B. Arvidson, City Attorney (City Introduction Date; 05/13/85 Introduced By: City Attorney Public Hearing & Enactment Date: OS/29/85 .. -6-