HomeMy WebLinkAboutOrdinance No. 17796ORDIAIANCE NO.
AN ' ORDINANCE CONCERNING R- MANAGEMENT RELA`rIONS AND
IMPASSE a EN THE CITY OF EU GENE AND CER-
TAIN EMPLOYEE GROUPS. REPEALING SECT 2.8 AND. 2.8
AMEN DING SECTION 2.19 9 0 ♦ AND, ADDING SECTIONS 2.8 0 8 1 6 t 2.8 7 8 .
2.880 . -29882 29884. 2.886 , 2.888. 2.890. 2 .- 892. 2.894
AND 2 v 896' TO THE EUGENE CODE. 197 1, AND DECLARING AN
EMERGENCY*
THE CITY OF EUG E DOES ORDAIN AS FOLLOWS
Section r .1 The cur .rent sect ions 2.875 and 2 of the Eugene
Code, 1971 are .hereby repealed,'
Section 2. There are heresy added to the Eugene Code, 1971 the
following sect to be n red and provide
2.876 Labor -Tana e nt Relations - Definitions. For the pur- �
poses o imp amen ng co act ve argaining procedures 1i
under the City Charter,, in sections 2.876 to. 2.896 of this code:
Arbitration means the process whereby a third -party
makes-a ina and binding decision as to which of the
final offers submitted by the parties to an interest dis-
pute ils most reasonable under this code.
Bargaining A ant ana a labor organization certi-
fied u:nder this EU3e the exclusive representative of
an appropriate bargaining unit for purposes of negotiat-
inq with the city under collective bargaining procedures.
Bar sinin Unit means a unit certified :ender this
..code as appropr a e ut does not include supervisory or
confidential employees. Professional employees may not
be included-in a bargaining unit of other employees un-
less the professionals so choose by majority vote.
City includes the executive, legislative and admen istrative officers of the City of Eugene and their agents
acting on behalf of the. city directly or indirectly,' in-
ng
eludi duly authorized supervisory employees.
City�A ant means the city manager,or any permanent:
supervisory employee designated.by him to act on behalf
of the city in the collective bargaining process. In de-
termining whether any person is acting as a city agent
so as to make the city responsible for his acts, the ques-
tion of whether the specific acts performed were actually
authorized or subsequently ratified shall not be control-
ling.
Cit Employee i.icludes any person regularly and per-
manent.y employed by the City of Eugene twenty hours a
week or more but does not include supervisory employees,
�7�y6
confidential employees, elected officials, persons
appointed to serve on boards or commissions, persons
temporarily employed.by the city In a casual, season -
al or other temporary manner or persons temporarily
employed by the city as_ an employer of last resort.
Confidential Em Zo ee means an employee who
assists and acts in a confidential capacity to a per-
son who for ulates, determines and effectuates manage-
ment policies regarding collective bargaining.
Collective Bar a�inin means the performance of
the mutual o qa ion of the city and a bargaining
agent representing city eutployees to meet at reason-
able times and Confer in good f aith with respect to
wages, hours and other terms and conditions of employ-
roent or the negotiation of an agreement, or any ques-
tion arising thereunder, and the execution of a written
contract incorporating any agreement reached if request-
ed by either party. This obligation does not compel
either party to agree to a proposal or require the mak-
ing of a concession, nor does it revoke the city's rights
and obligations under sectic+n 2.878 of this code.
�loyee _presentative means any individual se-
lecteil'T�y the emp ro�yees � bargaining unit to act as
their agent in collective bargaining. In determining
whether any person'is acting as an employee representa-
tive of a bargaining agent so as to make the bargaining
agent responsible for his acts, the question of whether
the specific acts performed were actually authorized or
subsequently- ratifieci shall not be controlling.
Fair -Share Agreement means an agreement between
the c ty an a cer if ied. bargaining agent whereby an
employee who is not a meir-her of the labor organization
is required to make an in- lieu -of -dues payment to the
labor organization. Such an agreement shall reflect
the opinion of a majority of the employees in the bar -
gaining unit choosing to vote.
Factfind means the process in which an interest
dispute is investigated by a duly appointed panel:
(a) To reconcile or mediate the dispute
confidentially between the parties, or
(b) Failing this, to describe to the
parties and the hearings official the, issues
and facts relating to the dispute and recommend
which of the final offers submitted is most
reasonable under this code.
Hearim s Official means an impartial third party
selected or a spec ed.term of office to .administer
sectidns 2.878 to 2.896 of this code provided herein.
interest Dis ute means a labor dispute arising. be-
tween;t e city and a argaininq agent over the formula-
tion of the terms of an initial labor agreement or over
me renewa.L car. t rio terms '6f 'an expiring or e x p ired
.
p .. g p
labor agreement.
L abor or ani zation means any employee association
or any organi in which city employees participate
and which has for . its purpose,. in Whole or in part,
dealing with the city concerning wages, ' - hours ,* and - terms
and conditions of employment.
Part includes but is . not limited -to individuals,
personas ■ organizations, labor organizations, and the
city . Any reference to the masculine gender shall be
construed to include the feminine g erider . Any reference
to the. singular tense may include'the plural or ref
ences to the plural- may include the singular.
Pro'fe'ssiona Em ployee mans
( a) -A city employee engaged in work:
1. Predominen 1y intellectual and
varied in character as opposed to routine
mental, manual, mechanical or physical work;
2. Involving the consistent exercise
of discretion and ,judgment in its performance;
3. of such - chaff ac ter , that the output
produced or - the result accomplished cannot
be standardized in relation to a given period
of t
4. Requiring knowledge. of - an advanced
type in 'a - field of science- or learning cus- F
tomari ly acqu ired by a prolonged course of
specialized -intellectual instruction and
study in an institution of higher Yearning,
as distinguished . f rom a genera academic edu-
cation or from apprenticeship or from train-
ing in the _performance of routine mental,
manual or physical processes or
(b) An employee who.
1. Has completed the courses of spe-
ciali zed instruction and study described, in
.(a ) 4 . above ; and
2e Is performing related work - under .
the supervision of a professional person to
. qualify himself as a professional employee
a s defined i n [ a] above.
Strike means a 'city employee I s refusal in con -
certe ' ac ion with others to report for duty ■ - or his
wilfull absence from his position or his stoppage of i
work ■ or his absence 'in whole or in part from the full ,
faithful or proper performance of his duties of 'employ -
ment ■ for the purpose of inducing, inf luencirig or
coerc iAg . a change in the conditions , compensation ■
rights I; privileges or obligations of city, einployment;
however, nothing shall limit or impair the right of any
city employee to lawfully express or communicate a com
plaint; or opinion on any matter related to the condi-
tions pf em to ent . Picketing activity for the
. P Ym g y u se p
of inducin influencing. a chap in a law"M
g� a g
ful collective bargaining agreement is striking. The
cit. is not obligated to provide em . loyament during a
3 str ke.
supervido
sory. Emplo ee means any individual havi
authority in the interest of the city to hire, transfer,
suspend, 'lay-of f., recall-", , promote , discharge, ass =_ern ,
reward or discipline- other employees ■ or having respon-
sibi lity to direct them ■ or to adjust their grievances
or effectively to recommend - such' action ■ if in- connec-
tion therewith ■ the exercise of such authority iss not
of a merely routine or clerical nature but requires the
use of independent judgment. However ■ ' the exercise of
any function of authority enumerated in this definition
does not necessarily require the conclusion . that the in-
dividua 1 so exercising that f unction ' i s a supervisor
2.878 Labor - Managemen t Relations - Purpo The 'city counci
d tat z t i s e public po icy of the - c-i ty and
the purpose of sections 2.87 to 2.8 9 � of this. code to promote,
ha rrnon ious ■ peaceful and cooperative relationships be tween the
city and its employees, and to protect ' the public by assuring,
at all times, the responsive and 'effective operation , of govern-
ment . Inasmuch as unresolved disputes in the public service are
injurious to the public , the city ■ and its employees as well,
adequate means are herein provided - for preventing or
disputes between the city and its t and. for resolving
.such disputes when they occur.. Neither this code nor , any agree-
s
ment pursuant thereto revokes any constitutional, common law,
charter,, statutory or traditional right . or respons ibi l,ity . o f the
city to act unilaterally to:
(a) D e to tins ne the overall mi s s i on of the city
as a unit of government
(b) Maintain and improve the efficiency and
of f ectivenes s Of city operations;
f
(d) Determin' e . the services to rendered,
thle opora►tions to be performed. the technology to .
be - utillized or' the .matters to be budgeted;
( Determine the overall methods, processes ■
means, job classifications or personnel by which
city operations are to be conducted;
(e) Direct, 'supervise or hire ,employees;
( f) Promote, suspend, - discipline, discharge,
transf as sign ; schedule, retain or layoff em--
ployees ;
(g) Temporarily relieve or layo f f employees
f rom duties because of lack of -work or funds or
under conditions where the city determines' continued
work would be inefficient or non-productive;
(h Take whatever other actions may be necessary
to carry out the public policy not otherwise speci.f ied
herein or limited by a co lleoti:ve bargaining agreement;
or
(i Take actions to carry out the mission of the
city as the governmental unit in situations of emergency.
Nothing in this' code limits the discretion of the city to volun-
9
If . %0b..� rs tklV,�r �G 1C�J1G7G11 t.a L..1. VG7
in' the process of developing policies to effectuate or imple-
Yuen t -any - of the above enumerated rights.
20880 Labor -- Management Relations -- Employee Rig hts. City
emp oyees shall ave the ri ht to se -organization,
to form, join or assist labor organi zations�, and to bargain
collectively through r c- sentatives of their own choosing
with respect to wages, hours and other terms and conditions
of emp loyment.
2.852 Labor - Maria ement Relations -- Dr'f air Labor - Practic .
-L-) It is an un ax.r a r pract.i.ce f or t h e- c3.ty or its
des gnated representative to
(a) Interfere with, restrain, or coerce city em-m
ployees . in the exercise of their rights guaranteed in
sections 2.876. to 2.896, of this ce=de;
(b) Dominate ■ interfere with: ■ or assist in the
formation ■ exi stence* or administration of any labor
organi motion. The expressing of any views, argument,
g .
or opinion, or the dissemination there-of, whether in
written,' printed,
graphic, or visual farm, shall not
constitute or be-evidence of an unfair labor practice
under this subsection . or (a) above if such expre ssion
contains no threat of reprisal or force ■ or prom' is e ' of
benefit. Nothing in this ' code prohibits - 7 fair- share
ag reement between the cit and an exclusive bargaining
. 9 Y
agent or the deduction of a ' payment- in- lieu -of - dues
from the' wages of city employees affected by such an
agreement;
(c) Di scriminate in hiring, tenure, or any terra
or Condit ion of 'emplo' yment , in order to encourage - or
discourage rship in any labor organization ;
(d)' Refuse to meet at reasonable times and bar-
gain collectively in good faith- with employee repre-
sentatives of the bargaining agent as required in sec-
tions 2...876 to 2.896 of this code:
(e) Discharge or otherwise discriminate . against
any employee because the employee has filed charges or
given testimony under sections 2.876 to 2'.896 of this
code
f communicate directly or indirectly during the
period of negotiations - with ' employees in the bargaining
unit other � than the designated employee representatives
regarding issues under negotiation except 'for matters re-
lating to the performance of the employee work involved.
This restriction does not prohibit the processing of
r- ievances ■. the issuance of - a public statement b
9 Y the
hearings official under the provisions of section 2.888(9)
or the issuance of press releases under ground rules
negotiated. between the city and the bargaining agent.
(g) Refuse to reduce to writing or refuse. to sign
a col lective bargaining agreement - reached under sections
.2.876 to, 2.896 of this code,
dinance - q s
(h) Refus to acce,.pt an arbit ration decision
arrived at under the , pr. ovis ions of sections Z 87 f .
to 2.896 of this codes .
(2) It is an unfair labor practice for a labor organi-
zation or its agents to:
(a) Restrain or coerce:
1. Employees in the exercise of their rights
guaranteed in sections 2.76 to 2.896 of, this code,
except that this subsection does not impair the
right of a labor organization to prescribe its own
reasonable rules with respect to the acquisition
or retention of membership therein; or'
2. The city in selection of its agents for
the purpose of entering into the collective bar-
gaining process.
(b) Cause or attempt to cause the city to dis-
criminate against an employee in violation of this sec-
tion. The expressing of any views, argument, or opinion,
or the dissemination thereof, whether in written, printed,
graphic or visual form, shall not constitute or be evi-
dence of !an unfair labor practice under subsection (a) or
this subsection if such expression contains no threat of
reprisal 'or force, or promise of benefit;
(c) Refuse. to meet at reasonable times and bargain
collectively in good faith as required in sections 2.876
to 2.896 `of this ..codes
(d) Co uhicate directly or indirectly. during the
period .of negotiations with other than the city agent
regarding issues under negotiation for the purpose of
influencing or with the effect of influencing issues
under negotiation. This restriction does not prohibit
the proceasing of grievances, the issuance of a public
statement; by the hearings official under the provisions
of section 2.888(9), or the issi-.ance of press releases
by the parties under any bargair;ing ground rules negoti-
ated between the city and the bargaining agent(s);
(e) 'Refuse to accept an ar�:Atration decision arriv
ed at under the provisions of sections 2.876 to 2.896 of
this code;
(f) Refuse to reduce to writing or refuse to sign
a collective bargaining agreement reached under the pro-
visions of 'sections 2.8 ?6 to 2.896 of this code.
(3) A party alleging injury by an unfair labor practice
may file a written complaint with the hearings official within
thirty (30) days of the occurrence or knowledge of the unfair
labor practice. The filings shall be accompanied by a recitation
of the information pertinent to the complaint and known to the
complainant.
('4) Upon. receipt of a complaint, the hearings official
shall:
(a) Cause to be served upon the person
charged with the unfair labor practice a copy of
the complaint within ten (10) days of the filing of the coin-
L,
plaint. Copies of the complaint shall .also be t sen
p .. p .
to the city and any bargaining agent. who is an immed-
ate interested party to the complaint;
(b) betenmine whether a hearing of the complaint
is warranted, dismissing the complaint if a hearing is
not warranted;
(c) Set a time and place for the hearing if it
is warranted; and.
(d) Make a preliminary .finding and notif the
Parties of it at least ten (10) days prior to the hear-
ing . If all parties ac ".. ept the hearing official's . pre-
liminary finding, then the hearing may be waived.
(5) If, ' as a result of the hearing . -the hearings off i--
cial finds that a party named in the complaint. has engaged in or
is engaging in any unf labor practice alleged . in the complaint
(a S tate the findings of fact and the basis there-
fore in waiting:
(b) Issue and cause to be served on such party an
order to � cease and desist f rom the unfair labor prac�
Lice . Copies of the order shall be forwarded to the
,city and any other late - intereated'party'
c ) Take action to deter continuation or . repet-
tion of the practice such as the reinstatement of. eme-
p loyees with or 'wi thout back pay : , the as of
fines. awarding damages to injured parties including
costs of legal counsel representing the -in3 cared parties
in the disputev and other reasonable actions necessary
to effectuate the purposes of. this code &
(d) Filings of complaints on a violation of section
2.882 (1) (d) -or 2.882 (2) (c) shall be within 'ten (10) days
of the occurrence or knowledge of the violation. After
a complaint of violation of sect -.on 2.882 (1 ) (d) or (2) (c)
is filed, an order or dismissal shall be served within
twenty (20) days of - the filing, un less otherwise stipu-
lated by the City agent and bargaining agent.
(6) I f the hearings - official finds that the party named
in the complaint has not engaged in an unfair labor practice, he
shall dismiss tile: complaint.
( ?� Any party aggrieved by an order under subsections
(5) or (6) of this section may petition the hearings official for
reconsideration - of the order within ten (101 days of its issuance.
Such a petition for reconsideration shall be accompanied by an
affidavit stating , the basis for the petition. The hearings offi --
cial shall, within ten (l0) days, either set. a date for rehearing
the complaint . or di smi's s the . petit ion .
2 .884 Labor -Nana ent Relations -- Bar a i ni n Unit Deternti na�
tlon . When . a . i 2L queston arises. concerning the deterM na--
tion of an appropriate bargaining unit
(a) Determination of the unit _shall. be upon petiM
t ion f i led with the hearings of f ici a 1 by the city or a
labor organi
5.
(b) Within thirty (30) days after receiving, such
a petition and after notice to all interested parties ,
the hearings ,off is is 1 shall conduct a hearing and re-
ceive evidence pertaining to the petition. Within
thirty ( 30) days after the hearing, the hearings of fi-
cial shall designate the bargaining unit. In designat-
ing the unit, the hearings official shall take into con
s ider ation , along with other relevant f ac tors , the organ.
i zationa.l structure of the city. government, the effect
of over�f ragmntation. of bargaining units on ef. f. i ci.ent
administration of governiaent, the existence of a communi-
ty of interest ' among city . employees , including the Simi?
laxity of... duties, skills, interests and working condi. -
t ions of the employees, the history and extent of city
employee organization, and the rec ndations of the
parties involved .
(c) Subsections (a) and (b) above do not preclude
the city and the labor organization from reaching a
mutual. 'agreement on designation of an appropriate bar-
gai ning unit. Such an agreement shall be f i led with
the hearings official and receipt of the ' agreement shall
be confirmed 'and -certified by the hearings official , pro-
viding no other affected labor organization or , of fected
employee gives notice that their .rights have been violat-
ed under this section. The hearings official may remand
unit determinations to the affected parties for
mally hearing or certifying such determinations if he
f Inds that any of fected party has not Conferred ' in good
faith or been given an opportunity to cpnfer in good
f aith in an attempt to resolve the question prior to
the request for ' f o mal #gearing . Af f ected part ies f or
the purposes of this subsection means the city , a bar -
gaining agent , other affected labor* organizations or
of f ected city employees .
2 Labor - Mai age�ment Relations Certif icat * of Bar ainin
Agent.
( 1) I f a- question arises concerning ,representation, the
hearings official shall investigate and conduct a heari n on a
petition that has been fi led by
(a) A labor' organization alleging that 3 percent
of the . employees in & bargaining -unit desire to be o= re
g. r e p
o=
, for collectivQ. bargaining by a ' bargaining agent;
(b) A labor organization alleging that 30 percent
of the 'employees in a bargaining unit assert that the re--
sent certified bargaining agent is no longer desired as
the representative. of the majority of the employees in'
the unit;
' I
(c) The city alleging. that one. or more labor
organizations has presented a . claim to the city~ rel -
questing recognition as the bargaining agent of the
same bargaining unit; or
(d) An employee or group of employees alleging
that 30 percent of the employees in a bargaining unit
assert ' that the bargaining agent is -no . longer desired
as the representative of the majority of employees in
the unit.
(2) After investigation and conduct of the hearing, if
the hearings of ficial finds the allegations in the petition . are
tr .e. he shall conduct an election 'by secret ballet within a
reasonable period of time, at place(s) convenient for the em�
Ployees of the bargaining unit, and
(a) The hearings official shall place on - the
ballot only those labor organizations requested to
be placed on the ballot by amore than 10 percent of
the employees in the bargaining unit,
z
(b)' The ballot shall contain an option for
markin g "no p
, re resentation" ;
(c) The hearings official shall determine who
is eligible to vote - in the election. 'consistent with
this code The - City shall provide a complete list
of all such eligible voters and their addresses and
job classifications* to each candidate' organization
on the ba l lot at least twenty (20) days before the
scheduled election is to occur;
(d) The labor organization that receives the
majority of the votes cast in the a lect 0 on shall be
certified by the ' hearings - of f icial as' exclusive
representative;
(e) In any election, if there are more than
two choices on the ballet and none-of the choices
receives - a majority of the votes cast, ar. runoff a lec--
Lion shal be conducted. The ballot i the runoff
election shall contain the two choices on the origi-
nal bal 3t that receive the largest number of votes;
and
(f) Hearings for. the purpose of a consent elec. -
tion may be waived by the parties of interest.
(3) No representation election may be conducted in any
bargaining unit during a twelve (1.2) m6nth period after such an
election was held in the
un i:. ,
(a) Notwithstan.dinq this section, the hearings
of ficial shall.- rule that - a bontfact will not be given
the effect of barring an election if he finds that
1. Unusual ci exist under
which the contract 2.s no 'longer a 'stabilizing
force, and
2 . An election should be held to - restore
stability to the representation of employees
in the unit.
9
(b) Where a lawful collective bargaining con -
tract exists, a petition for a representation elec�
tion shall be. filed not more ' than ninety (90) days
and not less than sixty (6o) days before the normal
start of negotia - zl: ions. - except that ■ if the Contract
is for more than two years, the petition for election -
may be 'filed . any time more than two years after the
effective date of- the contract ,� but not later than
sixty (60) days prior to she start of negotiations.
(4) A bargaining" agent certi f ied under this code is
the exc representative of the employees of the bargaining
unit for* the purposes of collective bargaining . Neverthe -less ■
any agree t entered into involving union security including
a fair share agreement, 'shall q
safeguard the rig hts of non_ asso -�
9
clation of an employee, based on bona _fide religious tenets or
teachings of a church or religious body of which the employee
is a r . The employee shall pay.an amount mutually agreed
to but not to. exceed. union dues and initiation fees and assess -w
rir:nts , if any, to - a non religious charity or to another charit
able organization mutually agreed upon by the employee affected
and the representative of the bargaining agent to which the em''.
ployee would otherwise be required to pay due-a. The employee
shall . furnish written. - proof to the city that the payment has
been made. .
(5) No - agreement may be reached. compelling union mem-
bership: .
2.a888 Labor - Mena ement relations -- - co 1 lective Bar gaining Pro-"
ce res.
i
The city and the bar ainin agent shall l
. y g g� g provide for
and make every reasonable' effort to conclude negotiations, includ-
ing provisions for an effective date, a reopening � g - date, and an
expiration date, - at a time to coincide with the period during
which the budget committee and city council decide on , the operat --
ing budget the city. The process of collective bargaining
shall begin on or about November 1 5th in the last year of an
agreement and . shal l normally conclude prior to the official adop-
t i on of the budget by the city count i 1.40
(2) I f °after a reasonable, mutually agreed to period of
negotiations, no agreement has been reached, either or both parties
may r factfinding under this section. A "reasonable pe riod
Y q Pe
of negotiations" may not ekceed ninety (98) days unless the issues
under negotiation are mutually determined to , be of such complexity
that they cannot be resolved within such l imits* or,. in the. in-
stance of negotiating an. initial bargaining agreement between the
city and a bargaining agent, time . l ins .its may extend beyond the
ninety (90) day period 'to allow time for a full ag reement to be
developed between the partl es . , T n the i of an initial
agreement between the city and a bargaining agent, mutual agree-
! vent on the period of negotiations shawl l be stipulated. in the
bargaining round rules .
g g g .
I
(3) Either party or the parties jointly may notify the
hearings. official in writing that ' they are initiating factfinding .
Each party shall submit a f ina 1 of fer to � the other party by the
expiration date of the negotiation period. These of fers shall
be of `icially filed with the finance director and copies of the
offers shall be forwarded to the hearings official and be pre-
serves. for panel of f Such offers shall in for
and content constitute a camp fete dr aft , o f a proposed collective
bargaining agre ' ent , unless both parties mutually agree to sub- -
mit in lieu of 'omplete drafts of offers for factfinding, pack-
age proposals on specific asse i If only package pro
posal.s on specific items are submitted, al items previously
agreed upon shall be filed with the. finance director. subseqm
gent to this filing,, the parties ma continue to negot � a t e .
(4) Tho p *na t o f il id i i consist art . threa (3 )
xn rs . one advocate sha l I be appoi by the city and one
advocate sha 11 be appointed by the bargaining agent. These
appointments sha be wade within n f ( days of the f i ling of .
the petition to proceed to factf inding . The two advocate rs
shall mutually --appoint a third m er within seven (7) drays. to be
the chairperson on the panel of f actfinders . INo membe r of the
panel of f actf inders may be loyed at that t ' by the city .
Disinterested parties to the dispute shall be selected and when-
ever possible shall have experience in labor -ma nagement relations' .
The chairperson ' shall , be s. professiona mediator or arbitrator
recn*g ni zed by the Amer Arbitra Association or by the
l`edera►l HediatiOn. and Conciliation service. Nothing in-this sec�
t ion prohibits citizens of Eugene from appointment to the pane 1.
(a) If ■ after sever (7) days a third member has
not en mutually agreed n -a list of five. redo ni z�
y g �3
{ ed neutrals shall be requested by the ' ,appointees f rom
the Federal Mediation and Conciliation service or its
succes Each appointee shall alternately delete a
name f roam t he .list until one name rema ins. The order
of deleting all be dete r m.i ned by lot and sha 11 not
�f
require 'wre than bne day to complete for each. dele--
til on . the remaining person shall become the chairperson
of the panel of factfinders . The chairperson shall con--
; vene the panel for mediation or hearings within ten ( 10)
days thd`reaf ter, , at a designated location within the ci
y
tb] � I f a vacancy occurs �on the panel, the vacancy
shall be f illed i n the - same - manner as the panel member
was cho . The vacancy shall not impair , the right of
I
the r ining members to exerci a ll' of - the powers of
the panel, except that no final selection under subsec-
tio'n (7) ? of this section shall be Made by the panel
until the vacancy has been filled.
(5) From the time of appointment anti 1 such time as the
anel , makes its ; there shall be no communication b
p T � -
the rn rs of the panel with other parties other than the city
agent and the empl loyee representative (s) concernin g recommenda-
Lions for set tleiment of , the dispute* This shall not preclude the
i .
' dinance - 11
' Y ryt J J
panel f rom, on its own initiative, obtaining whatever inf orma-
tion` from whatever sources it deems appropriate to assist in
its selection. The panel - shall provide mediation assistance
to the parties prior to the issuance of its findings of fact
under subsection (6) of this section.
(6) The panel shall have ten (10) days f roam the con-
clusion of its last hearing to make. its selection of the f ina 1
offer.
(7) In so. doing , the panel shall select 'the most reae--
sonable , in its judgment, of the final ' offers submitted by . the
parties. The panel may take into account only the following
factors.
(a� Past collective bargaininq contracts be-
tween the parties, including the bargaining that led
up to such contracts:
(b) Comparison of wag es, hours and terms and
� wa 9
conditions of employment of other employees doing
comparable work, giving consideration "to factors
necu'liar - to the market area and the classif ications `
involved;
(c) Comparison 'of wages, hours and terms and
conditions of employment as reflected in municipali-
ti es in general, and in Sim ,�'.ar municipalities rea-
song bly . p roxi�anate to the city ; and
(d) The interests and welfare of the ' pub lic ,
the : abi 1 ity of the city to finance economic adjust-
ments and the of feet * of such adjustments on the nor-
ms 1 'standard of city services.
( 8) The panel may ' not compromise or alter the final
offer that it selects. selection of an offer shall be based on
the content ' of that offer Y g And no consideration may be iven to
nor may any evidence be received concerning , the collective bar-
gaining in this dispute, or of fers of settlement not contained
in the offers submitted to the' f inance director unless there is
mutual agredment to submit package proposals on specific impasse
items, In such an instance, the panel shall consider all pre -
vi ous ly agreed upon items f i 1 ed with the f inar_ce director . i n-m
tegrated with the specific impasse items to determine the single
most reasor:able offer..
91 The offer selected by the panel, integrated with
previously agreed upon items f i 1 ed with the f i na nce director cone
stitutes the f indings and recommendations of the panel. The
panel shall explain in writing .its selection. to the parties in
the dispute .� The f indings - and explanation shall be tendered
forthwith tO the parties and to the hearings of tic 4 Oa 1. The par4m
ties shall r;otify the hearings official of the status of any
negotiations ten (10) days after receiving the f i nding s of fact.
If the - notice indicates' that one or both of the parties do not
accep the Panel s recommendations or that the aarties have not
otherwise settled the dispute, the hearings of f l.cial shall pub-
lici ze the $elected final offer , and the written explanation of
ordinance - 12
findings of fact between ten (1'0) and twenty (20) days after
receiving the recommendation.
(10) If, withi.n twenty (20) days after rece ving' the
factf finding award., neither party to the award files an excep-
tyi on to the award as provided in ORS 33.320 =or - excepti. on to
arbitration awards, the award shall be deemed valid.
(11) Within thirty '(30) days after receiving the fact -
finding report, the city manager shall inform the city council
of the status of contract negotiations, in luding any mutual
settlement of a dispute'or any continued impasse proceedings
under this code.
O.W2) 1"'f either party refuses to accept the panel's
selection the barga i ni ng - agent may file a ten (10) day notice
of intent to-strike. A copy of . the notice specifying the time
and. te for co cement of - the strike shall be delivered forth-
wi th by registered or certified mail to the-hearings official
and to the city.
(13) If a strike occurs or is threatened, the city
manager shall determine whether that strike or threatened strike
creates threat or danger to' the public health or safety. If the
city manager determines that the strike or threatened strike
creates a threat or danger to the public health or safety, he
shall so declare and notify the . hearings official forthwith.
(14) Upon declaration and - noti f ication by the -city man-
ager that - a strike or -threatened strike -creates a threat or
danger to the .public health or safety ■ the hearings official
shall conduct a hearing within three (3) days after .receipt of
notification - by the city manager, to determine the validity of
the ci t ' ,nano er' s declaration. I f the city manager's declara --
Y 9 y
tion is' invalidated. the provisions of subsection (12).-above
shall apply.
( 15) upon determining the city manager's notification
to be valid, the hearings official shall . order the immediate
cancellation of the notice to strike or the immediate termina-
tion of the strike. Further the hearings official
Declare the decision of the f actf indir.g
panel binding upon the parties, or
(b) order the parties to submit - to final and
binding arbitration within ten days.
Such arbitration shall be conducted 'under -the procedures astab --
lished in this ;section for factfinding proceedings, except the
hearing shall be conducted by one recognized me' di,ator - or arbitra --
tor selected mutually, by the city agent ' and and bar arming agent or
by deleting names from a list of three (3) recogni zed neutrals
as provided in'' subsection (4) (a) -above.'' The selection of the
f final of fer by , the arbitrator shall be f inal and binding on bath
parties and- shAl 1 be incorporated into a labor agreement.
(16) The arbitration award shall be deemed valid unless
either party f i les an exception within - twenty ( 2 o ) days after re--
cei.ving the arbitration award,, as' provided in ORS 33.3200
(17) Nothing contained in this code shall li t ' or pro-
hibit a collective bargaining 'agreement which may cover a period
in excess of one year or which may provide for r legotiating
only of parts thereof relating to direct or indirect monetary
benefits-to city employees. y .
(16) Time limits relating to collective bargaining
may be waived by mut ual agreement of the parties.
20-890 Labor - Management Relations -- Strikes.
No person may decTare, authorize or participate in
a strike of city except as expressly permitted under
section 2.866 of this code. Persons striking under section 2.888
of this code shall terminate the strike immediately upon order of
the hearings official to do so.
(2) When it is alleged in good faith by the city that
a Berson has declared, authorized or participated in a strike of
city employees in violation of this code, the city may petition
the hearings official for a declaration that the strike is or
would be in violation of this code and for issuance of an order
to ter inate the strike.
(3) City employees employed in police and fire services
may not strike.; Twenty (2 0) days after receiving the factfind-
ing decision involving a bargaining unit consisting of city eta-
ployees employed in police and fire services as provided, in sec-
tion 2.888 of this code, the factfinding selection shall become
a binding arbitration award if no exceptions to the decision have
been filed in Circuit Court.
2,o892 - 892 Labor M4na ement Relations -� Selection of ' Hearin s Off i-
cia .
The hearings of f �.cia l shall be selected by the city
agent 'and certified bargaining agents for a term of three (3)
years. The hearings ref_ f is is l pay be 'removed. from off pri_Or
to the expiration of the term by a unanimous+ vote of the parties.
A term o f off ice shall extend f rom the time of appoi until
June 30th of the third year of such appointment .
(2) Within sixty (50) days after the effective date of
sections 2.8 78 to 2.895 .of this cede, or within thirty (30) days
after the hearings off icial I s position is vacated, the city
agent and the. bargaining agents shall meet and nominate' three (3)
persons each from which the hearings official shall -be selected
by unanimous vote.
(3) If the parties are unable t o unan imbue ly 'Select a
hearings official within sixty (60) days after the effective date
of sections 2.875 to 2.895, or wit .in thirty (30)' days after the
position of hearings off icial is vacated, the city shall appoint
a representative and the certified bargaining agents shall j oi ntly
appoint a representative . A third and impartial representative,
experienced in public and private -sector labor relations, shall
be appointed by ! the Federal Mediation and Conci 1 iation Service
or its s ucces sok . The persons thus appointed shall request a
list of ten (10) impartial persons experi in l.abor relations
from the Federal Mediation aci Conciliation Service or its suc-
cessor . Within ,one week of the receipt of the list, the three
representatives shall select a hearings official from - among
the P ersons named on the list,
(4) Nothing. in this code precludes mutua agreement
by the interested parties to a proceeding assigned to the hear-
ings official by this code to appoint an adversary representa�
tive for city employees and for the city and to conduct -the
proceeding with a tripartite P g panel. P
2.894. Labor --Management Relations -- Authority of the Hearings
Off icial In a iElon tote pourers of the , hearings
off icial to a nister and enforce the procedures enumerated
elsewhere in sections 2.876 to 2.8 the hearings official
shall be empowered to establish or -modify procedural rules con -
sistent with those sections to assist in its administration and* `
enforcement.. The procedural rules shall become effective thirty
(30) days .after heinq published and aft - A - tr~ a hnariiiq is ho1d on
Lhe rules, allowing the city agent and . bar gaining agents an
opportunity to c nt on them.
2.896 Labor -Dana g ent Relations - Costs .
(1)' Th e heariLngs offi cial's cos s in conducting unfair
labor practice hearings, bargaining unit determinations, certi-
f icati.on or decertification elections, and other functions under
sections 2.876 to 2.894 of this code .. shall. ' be borne by . the city,
except that .,costs of transcripts requested of a proceeding shall
be borne by 'the party. making the request.
(2)
The cos of the chairperson on ' the panel of ' f act -
finders and - the costs of the arbitrator in ' section 2.888(3) and
(15) shall be shared equally .by the parties.
(3) � Costs of advocate m rs of a tripartite factf ind--
ing panel shall be borne by the parties appointing the advocates,
Section 3: - section 2.1990 of the.-Eugene Code, 1971 is. hereby
amended b add.in ; a subsection (3) thereto to read and rovide Y g • P
2.1990 Penalties - s ecific .
(3) Violation of section 2.8 9 0 - is puni shable by a f ine
of not more than $100 for each day the violation exists; in
addition the city attorney . upon request of the* city manager,
shall institute any necessary civil proceedings to enforce the'
i
provisions -of sections 2..876 to '2.896 of this code .
Section 4. The status of the existing city employee bargaining
a
units and bargaining ni n a gents t s i s hereby a f f i mined - an cha their
� g g g Y Y
status hereafter shall be in accordance with .the proves ions . o f- sec-
t
ions 2,,876 to 2..896 of the E u g ene 1971.
e g e de
i
Section 5. That the provisions .contained _ herein concern the '
public welfare and safety and therefore ! an, emergency is hereby de-
c fared to exist, and this ordinance shall become effective immediate- -
1y upon its passage by the Common Counci and approval by the Mayor.
Passed by the Carman Council Npproved by the Mayor this
this . 75 4 -day of October, 19 7 6 _ day of October, 1976
� y � Y
a� y ReCo er Mayor.
I