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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 WMAX6420 �. ,,e„eb IPSage3 (City Seal) ,�of Sr O • —ems •- fl c 8 1 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 16 - 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 17 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 Q 0 ry w J Q u z O U w J W W to N N a� n �Up .��-cLr) >' ooo>' _} �U o Oo 0-0� O i -aO= O LL E OVO Q O _ �� O o M �� O I� �J>LU0- p,�a� N C4 o�Qa� oU O i i N O� �O � � N r O 0 � N a� a Go LO N r 00"% 3 oth >' 5 0 U CL • } O � A -A,, O W 4- y 0- E O O = Lim) 4� o H } O O O UO } r r N zcv_ Q>wV O 0 O co > Q � U4-- 0 cn 0 Q O — 0 V) = E p `1 '� .- O T 0 U > om Eo��o>,o0a) O V) �'-'-'� o>> a�� �.oQo`�'Q0 a��o-0E oa� a���o>. o0—o� �EU>.0 Uo� U� U���oo� .� U��UO � �� Q �o o U Q U .� o .� � M O�UQ�S �U� U�>Q�°-a) U -QQC)a) NQ-0-0Q)V) _ y L N co N rill Q Z w J Q U z O U w J W to Lo LL r co � r r i i Q � M � � N a� •o N O� OF W ono �� U Z moo Q o O � s V Z Z Z=�U oy,•� �,=° ���� aE•U� N r OO W O uI=ooU 01 Q ULoUCL 1 O LU r - v .�I 0 = 0 'v oo -�& o 0 Q �Q.-� M moo°° O U Ln a� 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. 21 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. 22