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73-AARESOLUTION- 73-AA A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, SETTING FORTH THE LABOR RELATIONS POLICY OF THE CITY OF BOYNTON BEACH, FLORIDA. WHEREAS, certain employees or labor organizations may request the City of Boymton Beach to recognize their organization as a representative of certain employees of the City of Boynton Beach, and WHEREAS, the City of Boymton Beach is deeply concerned with the quality of service that is provided for the citizens of Boynton Beach, Florida,and WHEREAS, the City of Boymton Beach is concerned with the salaries and working conditions provided to attract and retain capable employees, and WHEREAS, the development of chammels of communication through the vehicles of meetings and conferences with employees and their employee organ- izations will improve relations between the City of Boynton Beach and all of its employees, and WHEREAS, certain employee or labor organizations may desire to present proposals to City Officials relative to salaries and other conditions of City employment for certain employees of the City of Boynton Beach, and WHEREAS, federal and state statutes recognize that the exclusions of management officials and administrators from the bargaining anit promotes effective negotiations hy eliminating managerial influence over t~ait persom~nel and WHEREAS, the Florida Supreme Court in the Dade Coumty Classroom Teachers Association v. Ryan, 225 So. 2d 903, interpreted Section 6 of the Florida Constitution as granting public employees the right to bargain collectively, and WHEREAS, Section 6 of the Florida Constitution states, "Public employees shall not have the right to strike," and WHEREAS, the Florida Supreme Court in Pinellas Coumty Classroom Teachers Association v. Board of Public Instruction~ 214 So. 2d 34, held that an "attempt to exert pressure on (~ public body) by refusing to go to wor~ but at the same time laying claim to their practices and asserting the right to go back to work on terms more acceptable to them" was indeed a typical strike, and -1- WHEREAS, the Florida Supreme Court, in the RYAN case, prohibits the "use of coercive or intimidating tactics"; and WHEREAS, the ~lorida Supreme Court, in the R~AN case stated, "We construe the statute (839.221) as disallowing any labor organizatioa from representing any non-consenting public employee", and WHEREAS, the City of Boynton Beach does not feel that it would be in the best interest of its employees, the City of Boynton Beach or the tax- payers to recognize as a representative of any of its employees any organi- zations who refuse or have refused to comply with established Florida law nor to receive any proposals from such organization, and WHEREAS, the City of Boynton Beach will not discriminate against any employee who joins an employee or labor organization, nor will those who do .join receive a~y advantages or preferred treatment of any sort over those who refrain from joining an employee or labor organization, and WHEREAS, the City of Boynton Beach feels that the use of City perscn~ael and facilities to withhold either employee or labor organization dues, fees, or assessments from employees' paychecks and the payment of amounts withheld directly to the employee or labor organization is against the best interests of the employees, the City of Boynton Beach, and the public; however, this shall not apply to deductions previously authorized. NOW, THEHEFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1: That it is the position of the City of Boynton Beach, Florida, that the integrity and dignity of the individual employee must be established and maintained. That this can best be accomplished by the personnel policies established by the City Charter, which directly recognizes the needs and desires of individual employees. That the City Manager, the Civil Service Board, and the Personnel Department of the City of Boynton Beach should endeavor, within the framework of the City Charter, to achieve the following goals: a. Continued Improvement in Communications between the City of Boynton Beach and all of its employees with regard to City objectives, plans, policies, problems, successes and failures. b. Continued Employee Participation in the establishment and maint- enance of City policies relating to salaries and other conditions of employment of City employees and matters affecting the quality of the program of the City of Boynton Beach, Florida. -2- c. Selectio~ of Good Supervisors who are competent to aid each individual employee to get the most out of his time and facilities with reasonable effort and who are competent as leaders to have the individual employee ~nderstand promptly, clearly, and easily the reasons behind decisions amd advice° d. Equitable Pay Standards - Pay that is right, all things con- sidered, including c~mpensation for similar positions in the public sector, for ability, skill, care and effort as measured by reasomable standards. e. Continued Improvement in Worki~ Comditions, which are as good as they can currently be made, which are regularly improved, which are eon- stantly being studied for further improvement and about which all suggestions will always be welcomed. f. Ever Respectful Treatment - Respect for the basic human dignity of each individual, particularly with regard to decisions directly affecting him. g. Promotiou Practices - Promotion as fast as opportunities arise or can be created and on a strictly equitable basis in view of ability, skill, care and effort of the individual. To accomplish the goals set forth herein, the City Manager will review the City's perso~el policy for employees of the City of Boynton Beach to establish such additional procedures in conformity with these guidelines as may be necessary. That in conjunctiom therewith, the following guidelines for negotiations with employee or labor organizations are adopted by the City Council. GUIDELINES FOR NEGOTIATIONS WITH EMPLOYEE OR LABOR ORGANIZATIONS PART I Definitions When used in each part of this Guideline: 1. ~tae term "City" means the City of Boynton Beach, Florida. 2. The term "employee or labor organization" means a lawful organization of any kind in which employees participate and which exists for the purpose in whole, or in part, of presenting proposals to the City of Boymton Beach relative to salaries or other conditions of employment, provided said employee organization has requested the right to present proposals but does not include an organization which: -3- (a) Includes management officials, supervisors, or administrators as defined herein, or (b) Has in the past engaged in a strike against any employer in the State of Florida. (c) Represents only its members or conditions represented on membership in the organization, the payment of fees, dues or assessments. (d) Advocates the overthrow of the constitutional form of government in the United States, or (e) Discriminates with regard to representation of its members or with regard to terms and conditions of membership because of race, color, creed, sex, age, or national origin. 3. The term"management official", "Supervisor", or "Administrator" means an employee having authority in the interests of the City of Boynton Beach or the City Manager, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them or to schedule their work, or to evaluate or report on their performance, or to adjust.grievances, or to effectively recommend such action or actions, if in cor~nectlon with the foregoing, the exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment. 4. The term "appropriate bargaining ~nit" means that ~-uit determined by the City Manager to constitute the most appropriate ~nit for negotiating p~rposes. The unit shall insure a clear and identifiable cemmunity of interest among the employees concerned, a~d will promote effective dealings and effi- ciency of City operations. The extent to which the employees have organized shall not be considered in determining the most appropriate u~it. (a) No unit established hereunder shall include: (1) Ar~ management official, supervisor, or administrator as defined herein, or (2) A~y employee of the security force together with other employees, or (3) Both professional employees and nonprofessional employees. Ail decisions of the City Manager as to what constitutes the most appropriate bargaining unit are final. -4- PART II Recognition of Employee Or~anizatio~ Recognition shall be established on such terms and conditions as the City Manager establishes in conformity with these guidelines and with the confirmation of the City Council. An employee or labor organization which has requested meetings with the City Manager to present proposals pursuant to Part III, shall, fifteen (15) calendar days prior to said request, have provided the following to the Personnel Director: 1. A card signed by each employee that the employee or labor organization seeks to represent, which states: t, (name of employee) , wish to be exclusively representated by___iname of organization) for the purpose of presenting proposals relative to salaries and other conditions of employment with the City of Boynton Beach. This authorization can be cancelled by me at any time by notifying the Personnel Director in writing of ~V desire to no longer be represented by the above named organization. I pledge that I will not engage in a strike or work stoppage against the City of Boynton Beach. (date) (signatu~ State of ) County of ) Before me personally appeared __ to me well known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged before me that he executed the same for the purpose therein expressed. WITNESS r~y hand and official seal this day of 19 Notary Public in and for the County and State aforesaid. My commission expires: Said individual cards shall be kept on file by the Office of the ?erscmnel Director, and upon written notice by the Employee delivered to the Personnel Director stating that the employee no longer wishes to be represented -5- by the employee organization, his card shall be withdraw~ and the employee or labor organization shall no longer represent him. 2. A copy of the most recent constitution, by-laws, or other rules and regulations by which the organization is governed together with a statement of the objectives of the employee or labor organization. Within fifteen (15) days prior to the effective date, or upon adoption, if the effective date is le~s than fifteen (15) days after adoption, of any amendments of or additions to the constitution, by-laws, rules or regulati~as of the organization~ a copy of the amended constitution, by-laws, rules and regulations ~ust be filed with the Persor~nel Director and the City Manager. 3. A co~y of the most recent constitution, by-laws, or other rules and regalations by whieh the organization is governed, of a~y state or national organization with which the employee organization is in ar~ way affiliated or associated. Within fifteen (15) days prior to the effective date, or upon adoption if the effective date is less than fifteen (15) days after adoption, or ~ amendments of or additions to the constitution, by-laws, rules or regulations of the organization, a copy of the amended constitution, by-laws, rules and regulations must be filed with the Persor~nel Director and the City Manager. 4. A list of the names and addresses of each officer of the employee or labor organization and a list of the names and addresses of the officers of amy state or national organization with which said employee or labor organization is affiliated or is in any way associated. 5. An affidavit executed by the ~esident and Executive Secretary, if a~y, of the employee organization on behalf of the organization affirming that the employee organization will not instigate, call for, engage in, or financially support a strike or work stoppage, and further, if a strike or work stoppage does occur involving employees represented by the employee or labor organization, the organization will immediately take such affirmative action as maybe necessary to seek the abamdonment of the strike or work stoppage by its members. When the sig~ed authorization cards in the form prescribed in Subsection 1 of this Part are submitted, the City Manager shall immediately determine whether the employee organization represents employees in the most appropriate bargaining anit, and has otherwise complied with Subsections 2 through 5 of this ~art, and, upon an affirmative determination, the City Manager, or his designated representative, shall meet with the employee -6- organization pursuant to Part III of these Guidelines. In the event more than one employee or labor organization represents employees in the most appropriate bargaiming unit, the City Manager shall decide in his sole discretion whether t¢ meet jointly or separately with the various employee organizations representing employees in the most appropriate bargaining unit. PART III Presentation of Proposals 1. The City of Boynton Beach, through the City Manager or his appointed representative shall meet at reasonable times with the appointed representative of the appropriate employee or labor organization or organ- izations and receive proposals in good faith with respect to salaries and other conditions of employment, so Far as appropriate under State Laws and the Civil Service Rules and Regulations of the City. The City Manager may discuss appropriate techniques to assist in reviewing proposals, provided said techniques are not contrary to the guidelines established herein, and may consider proposals presented by the employee or labor organization. 2. Those proposals of the employee or labor organization which the City Manager or his appointed representative agree as being appropriate shall be presented by the City Manager to the City Cotmeil with a recommendation that the City Council adopt the proposal. The obligation to receive proposals does not impose an obligation upon the City Council to receive proposals upon the following specific matters, together with others which may arise during the course of presentation of proposals, which the City Council considers to be within its sole authority. (a) The purpose and mission of the City of Boynton Beach. (b) The amount of the budget to be adopted by the City Council (c) The organization of the City of Boynton Beach. (d) The number of employees to be employed by the City of Boynt on Beach. (e) The number, types, and grades of positions or employees assigned to an organizational unit, department or project. (f) Internal security practices. (g) Deduction by the City of Boynton Beach of dues, fees, or assessments from the employees' paychecks. (h) Those matters covered by Civil Service Rules and Regulatior -7- 4. Nothing in the recommended proposals shall require an employee to become or remain a member of an employee organization as a condition of employment with the City of Boynton Beach. 5. The City Manager, through his appointed representative, will receive proposals relative to the following items except as such proposals may conflict with the Civil Service Rules and Regulations of the City of Boynton Beach. (aO Recognition of employee organizations. (b) Salaries. (c) Establishment of a grievance procedure. (d) Placement of a job classification within the salary range. (e) Review of salary surveys. (f) Working conditions. (g) Individual contracts. (h) Temporary leave. (i) Insurance programs. (j) Rules and regulations. (k) Fringe benefits. (1) Duration of agreement. The above items can be presented within the limits set by State Law and the Civil Service Rules and Regulations of the City of Boynton Beach. This list is not intended to be an exclusive list of those items which the City Manager, through his representative, may receive. 6. Ail meetings for the purpose of presenting proposals shall be so scheduled as to not interfere with City employees' regularly assigned duties for which said employees are being compensated by the City of Boynton Beach. 7. Nothing in this Part shall be considered to imply that the existence of established City personnel policies, regulatious, salaries or conditions of employment should prevent any organization from presenting suggested changes or modifications on those policies or regulations to the City Manager. PART IV Basic Requirements of Recommended Proposals Ail recommended proposals and City policy which results from meetings between the City Manager and the employee or labor organization are subject to the following requirements: 1. In administering all matters covered by the proposals and resulting policy, officials and employees are governed by existing and future State Laws, Civil Service Rules and Regulations of the City of Boynton Beach and personnel policies established by the City Manager. 2. Management officials of the City of Boynton Beach retain the right, in accordance with applicable Laws and regulations: (a) To direct employees of the City of Boynton Beach. (b) To hir% promote, transfer, assign, and retain employees in positions with the City of Boynton Beach, and to suspend, demote, discharge, or take other disciplinary action against employees. (c) To relieve employees from duties because of l~ek of work other legitimate reasons. (d) To maintain the efficiency of the operations of the City of Boynton Beach. (e) To determine the methods, means, and personnel by which such operations are to be conducted. (f) To take whatever actions may be necessary to carry Out the mission of the City of Boynton Beach in time of emergency. PART V Intra-Management Communications The City Manager is urged to establish a system for intra- management communications and consultations with its management officials and administrators. The communications and consultations shall have as their purpose the improvement of City operations, the improvement of working con- ditions of management officials, and administrators, the exchange of informatio~ the improvement of managerial effectiveness, and the establishment of policies that best serve the public interest in accomplishing the mission of the City of Boynton Beach. PART VI Withdrawal of Recognition The City Manager, subject to confirmation of the City Council, may withdraw recognition from the employee or labor organization if he determines that any of the following conditions exist: -9- 1. Any statement submitted to or made before the City Manager by a representative of an employee or labor organization is intentionally false. 2. That the organization no longer is designated by amy employee as the employee's representative with the City. 3. The employee organization fails to remain in compliance with Part II of the Guidelines definitions. 4. The use by the employee organization of coercive or intimidating tactics in the presentation of proposals. PART VII Employee Organizational Activities 1. Solicitation of authorization to represent membership, dues, and other internal employee or labor organization business shall not be conducted on City property not normally open to or used by the general public or during the time for which an employee is being paid by the City. 2. It is not the purpose of these Guidelines to encourage employees to join or remain members of any labor organization. Those employees who now or hereinafter become members of any labor organization are not to receive ar~ preferred treatment or benefit over those employees who do not join or become members of any labor organization. PART VIII ~rganizational Rights 1. The Florida Constitution in Section 6, provides in part as follows: "Public employees shall not have the right to strike." Florida Statute 839.221 provides as follows: "Governmental officers and employees; prohibited participation in strikes or membership in organizations that assert right to strike against government employer - - (1) No person shall accept or hold amy office, commission or employment in the service of the state, or any county or of any municipality, who: (a) Participates in any strike or asserts the right to strike against the state, county, or any municipality; or -10- (b) Is a member of an organization of government employees that assert the right to strike against the s~ate, county or any municipality knowing that such organization asserts such right. (2) Ail employees who comply with the provisions of this section are assured the right and freedom of association, self-organization, and the right to join or to continue as members of any employee or labor organizatiomwhich complies with this section, and shall have the right to present proposals relative to salaries and other conditions of employment through representatives of their own choosing. No such employee shall be discharged or discriminated against because of his exercise of such rights, nor shall any person or group of persons, directly or indirectly, by intimidation or coercion, compel or attempt to compel any such employee to join or refrain from joining a vocational or a labor organization. 2. The organizational rights of employees are subject to the following: (a) Employees have the right to join or belong to any labor organization. (b) Ail employees who are requested to join any labor organizatica shall report such request to the City Manager with the Full name and address of such organ- ization and the name of the individual requesting such membership. (c) No employee shall be permitted to solicit from other employees, membership in any organization that has engaged in a strike. (d) No organization that has engaged in a strike shall be permitted to solicit employees for membership in such organization. (e) Prior to the solicitation of membership by any labor organization, the organization shall comply with Part II of these Guidelines. Cards upon which membership is solicited, if the purpose thereof is to request bargaining rights With the City, must be in the form set forth in Section 1 of Part II hereof. 3- The City Manager is responsible for the Full and complete explanation of these Guidelines to all C~ty personnel. Section 2: That this Resolution shall take effect immediately upon ~ts passage hereof. PASSED AND ADOPTED THIS CITY OF BOYNTON BEACH, FLORIDA ATTEST: Councilman Councilman Cotmcilman (Corp. Seal) -12-