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
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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.
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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:
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(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.
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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
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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
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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
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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:
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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
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(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)
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