§ 2-03-520. Personnel Systems—Labor Relations (Collective Bargaining)—Prohibited practices.

(a)

City government is prohibited from:

(1)

Interfering with the formation or administration of any employee organization or interfering with the selection of an agent or representative for bargaining or adjustment of grievances;

(2)

Discrimination in regard to hiring or conditions of employment for the purpose of encouraging or discouraging membership in any employee organization;

(3)

Refusing to negotiate in good faith with a certified exclusive bargaining representative of an employee organization;

(4)

Discharging or discriminating against a city employee because that employee has filed charges or given testimony under the provisions of this subdivision. This provision may not be used as immunity from discipline for cause;

(5)

Violating a written agreement in force which was negotiated under the provisions of this subdivision.

(b)

An employee organization, a group of city employees or a city employee individually is prohibited from:

(1)

Interfering with, restraining or coercing employees in the exercise of their designated duties or their rights under this subdivision;

(2)

Restraining, coercing or interfering with the public employer in the selection of its agent for bargaining or for adjustment of grievances;

(3)

Causing or attempting to cause a city supervisor to discriminate against a city employee because of membership in an employee organization;

(4)

Refusing to negotiate and/or conduct business in good faith with the designated representative of city government;

(5)

Violating the provisions of any written agreement in force or attempting to cause a change or causing a change to an existing written agreement other than through the negotiating process identified in this subdivision;

(6)

Interfering with, restraining or coercing any official, administrative officer or representative of city government in the conduct of their city duties, private business or personal affairs;

(7)

Engaging in, inducing or encouraging any city employee or group of employees to engage in a strike, a work stoppage or work slowdown;

(8)

Picketing the residences and/or business of city employees and elected officials;

(9)

Using city property, time or money for union business.

(c)

An employee organization that represents city employees may not assist or endorse a candidate in a city election.

(d)

It shall be a prohibited practice for any elected official of city government to attempt to negotiate or to negotiate directly with any employee organization or a group of city employees or individual city employees who are members of a bargaining unit. All negotiations shall be conducted between the negotiating teams as identified in writing by the parties.

(e)

Any controversy concerning prohibited practices will be submitted to the board within thirty (30) days of the occurrence of the alleged prohibited practice. Proceedings against the party alleged to have committed a prohibited practice shall be commenced by service upon it and the board of a written notice together with a copy of the charges and the relief requested. The accused party shall have one hundred twenty (120) hours within which to serve a written answer to such charges. Within five (5) working days, the board shall schedule a hearing to be conducted as soon as possible; and at such hearing the parties shall be permitted to be represented by counsel and to summon witnesses and submit evidence. Compliance with the technical rules of evidence shall not be required.

(f)

The board shall determine if a prohibited practice has been committed according to this subdivision, shall state its findings of fact and shall report its findings to the city manager. In case of an alleged strike as defined in this subdivision, the board shall meet in emergency session with all parties concerned and shall report its findings to the city manager in a joint session within twenty-four (24) hours of such alleged prohibited practice.

(Ord. No. 789, § 3(8), 6-12-90)