HomeMy WebLinkAboutOrd2019-009 Sponsored by: City Attorney
Introduction Date: April 8, 2019
Public Hearing Date: April 22, 2019
Enactment Date: April 22, 2019
CITY OF SEWARD, ALASKA
ORDINANCE 2019-009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, REPEALING 1975 ORDINANCE NO. 412 AND 1985
ORDINANCE NO. 540,AND AMENDING SEWARD CITY CODE
WHEREAS, in 1972, the Alaska Legislature passed the Alaska Public Employees
Relations Act (PERA), Section 4, Chapter 113, S.L.A. 112, providing a comprehensive system to
govern public labor relations; and
WHEREAS, the City of Seward opted out of PERA in Ordinance 412 (1975) pursuant to
the enabling language of the Act: and
WHEREAS, in 1985, the Seward City Council passed Ord. 1985-540, reaffirming the
City's exemption from PERA (and the reasons therefore) and creating five new Code provisions
governing collective bargaining in the City of Seward; and
WHEREAS, the results of the March 19, 2019 special election were certified by this
body on March 26, 2019; and
WHEREAS, Referendum Number 1 repealing Ordinance 412 was approved by a
majority of the voters participating in the election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Ordinance 412 (1975) is hereby repealed, and Ordinance 1985-
540 is repealed to the extent it conflicts with PERA. Labor relations of the City will be subject
to the Alaska Public Employees Relations Act (PERA), Chapter 113, S.L.A. 112, and the
accompanying regulations.
Section 2. Seward City Code Section 3.60.035 is hereby amended as follows:
(Deletions are Bold Strilcthfeughs; Additions are Bold Italics.)
CITY OF SEWARD, ALASKA
ORDINANCE 2019-009
• • • • . .
. . . . . .. . . . . .
• . , •
. . .
• .
(Ofd• >
985)
Section 3. Seward City Code Section 3.65 Collective Bargaining is hereby amended as
follows:
(Deletions are Bold Striktthreughs; Additions are Bold Italics.)
3.65.010. - 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 3.65.015, each city employee included
within the bargaining unit 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 subject 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 title. 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.
(Ord. 540, § 3(part), 1985)
3.65.015. - Submission of collective bargaining agreements to the city council.
Any collectively bargained agreement is subject to approval by the city council.
(Ord. 540, § 3(part), 1985)
3.65.018. - Construction project agreements.
Nothing in this code shall prevent an agreement with a labor organization relating to the
construction of a public project that requires the contracting or subcontracting of work
traditionally performed by employees represented by that labor organization to be performed
by a signatory to a current labor agreement with that labor organization.
(Ord. 634, 1990)
CITY OF SEWARD, ALASKA
ORDINANCE 2019-009
3.65.020. - 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.
(Ord. 540, § 3(part), 1985)
Section 4. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 22nd day of April, 2019.
THE CITY OF SEWARD, ALASKA
CJ 1J10
David Squires, a is r
AYES: McClure, Towsley, Lane, Seese, Osenga, Horn
NOES: Squires
ABSENT: None
ABSTAIN: None
ATTEST:
MOP, / /r4
L L
renda J. Ballou,f MC
City Clerk ••• °°
(City Seal)
• • •• ` SEAL 2
%
OF ............
•,,
I
ATTACHED TO AND '1AiJE A PART OF THE 111NUTES OF THE SE:1ARD CITY C0UNCIL-VOLUc1E 17
PAGE 3
CITY OF SEWARD, ALASKA
ORDINANCE NO. 412
Ja~es R. Fi1in,
CitI Clerk-Treasurer
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
REJECTING THE APPLICATION OF THE PUBLIC EMPLOYMENT RELATIONS
ACT TO THE CITY OF SEWARD.
WHEREAS, Section 4, Chapter 113, S.L.A. 1972, provides that
the Alaska Public Employment Relations Act is applicable to organized
boroughs and political subdivision of the state, homerule or other-
wise, unless the legislative body of the political subdivision, by
ordinance or resolution, rejects having its provisions apply, and
WHEREAS, the city council has considered the opinion of the
Alaska Supreme Court in the case of State of Alaska v. City of
Petersburg, Opinion No. 1175, dated July 24, 1975, and its effect
on the City, and
WHEREAS, it is in the public interest for the City to keep
its options open so that it can properly react in the future, and
not in the public interest to possibly become bound into the pro-
visions of this act, and whatever amendments the legislature might
pass in the future, which may result because of the decision of the
Alaska Supreme Court.
NOW, THEREFORE, THE CITY OF SEWARD, ALASKA, ORDAINS:
Section 1. The City of Seward hereby rejects the application of
the Alaska Public Employment Relations Act to the City of Seward.
Section 2. This ordinance takes affect immediately upon
passage and approval.
PASSED AND APPROVED THIS 8th day of September , 1975.
CITY OF SEWARD, ALASKA
FIRST READING:
SECOND READING:
ADOPTION:
AYES:
NOES:
ABSENT:
By
August 11, 1975
August 25, 1975
September 8, 1975
01dow, Getman, Dague & Lutz
Hu1m
Neve'
IMJ ;(</U~ '
Mayor
HUGHES,
GANTZ &
for the
l- ,:
r. "~"'~ \~\ ,,' b.
to Form: "'" ',,0; 1, " ~r
c';/A?-f '", "~~"i-C;,
THORSNESS, LOWE,~.
OF
POWELL, Attorneys
ity of Seward
39
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-
40
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
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41
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-
42
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-
43
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-
44
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-
45