CHAPTER 2.54: PUBLIC EMPLOYMENT RELATIONS
Section
2.54.010 Declaration of policy
2.54.020 Definitions [Recodified as MSB 2.54.005]
2.54.040 Labor Relations Board
2.54.050 Collective bargaining units
2.54.060 Collective negotiations
2.54.070 Mediation and fact-finding
2.54.090 Ratification of agreement
2.54.095 Conflict between agreement and code
2.54.100 Unfair labor practices
2.54.110 Investigation and conciliation of complaints
2.54.120 Complaint and accusation
2.54.140 Enforcement by injunction
2.54.150 Payroll deduction for dues
2.54.005 DEFINITIONS.
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Binding arbitration” means a dispute settlement procedure whereby a neutral third party renders a decision that is binding on the parties involved.
(2) “Board” means the Matanuska-Susitna Borough Labor Relations Board.
(3) “Borough” means the Matanuska-Susitna Borough and its classified employees.
(4) “Collective bargaining” means the performance of the mutual obligation of the borough or its designated representatives and the representatives of the employees to meet at reasonable times, including meetings in advance of the budget-making process, and negotiate in good faith with respect to wages, hours and other terms and conditions of employment, or the negotiation of an agreement and the execution of a written contract incorporating an agreement reached if requested by either party. These obligations do not compel either party to agree to a proposal or require the making of a concession.
(5) “Confidential employee” means an employee who assists and acts in a confidential capacity to a person who formulates, determines and effectuates management policies in the area of collective bargaining or labor relations.
(6) “Department head” means an employee, other than the manager, who is head of a department, excluding the school district, which has been established by the assembly by ordinance. For the purpose of this chapter and MSB 2.52, this term also includes the clerk and borough attorney.
(7) “Division manager” or “division head” is an employee who:
(a) reports directly to a department director or to the borough manager;
(b) manages one or more functions, programs or services of the borough;
(c) supervises one or more regular employees; and
(d) whose classification description includes management responsibilities.
(8) “Election” means a proceeding conducted by the board in which the employees in a collective bargaining unit cast a correct ballot for collective bargaining representatives, or for any other purpose specified in the ordinance.
(9) “Employee organization” means an organization of the Matanuska-Susitna Borough employees, whether or not affiliated with any other labor organization, in which employees participate and which exists for the primary purpose of dealing with the borough as an employer concerning grievances, labor disputes, wages, rates of pay, hours of employment, and conditions of employment.
(10) “Executive employee” means a borough employee appointed by the assembly or another appointing authority in accordance with MSB 2.52.640.
(11) “Fact-finding” means the identification of the major issues in a particular impasse, review of the positions of the parties, and resolution of factual difference by one or more impartial fact finders, and the making of recommendations for settlement of the impasse.
(12) “Management employee” means an employee, whether an executive, supervisor or other, who formulates, recommends or implements policy or control of resources, and who has discretion in the performance of the employee’s job independent of established borough policy. Resources may include employees, money, equipment, supplies, or time.
(13) “Mediation” means the third-party non-binding intervention and assistance by a mediator to facilitate a reconciliation of an impasse between the employer and employees, or otherwise to initiate, continue, resume or bring about collective bargaining negotiations between the parties.
(14) “Organization” means a labor or employee organization in which employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, and conditions of employment.
(15) “Person” includes a person, management or labor organization.
(16) “Supervisory employee” means an employee who has the authority, in the interest of the borough, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or to responsibly direct them, or to adjust their grievances, or effectively to recommend any such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(17) “Terms and conditions of employment” means the hours of employment, the compensation and fringe benefits, and the employer’s personnel policies affecting the working conditions of the employees, but does not mean the general policies describing the function, purpose and budget of the borough.
(Ord. 94-055, § 3, 1994; Ord. 94-001AM, § 3 (part), 1994; Ord. 93-094AM(sub2), § 10, 1993; Ord. 76-25, § 20, 1976)
2.54.010 DECLARATION OF POLICY.
It is the borough’s policy to promote harmonious and cooperative relations between government and its employees. This policy is to be effectuated by recognizing the right of employees to organize, form and join employee organizations for the purpose of collective bargaining, to negotiate with and enter into written agreements with employee organizations on matters of wages, hours and other terms and conditions of employment, and to maintain merit-system principles among borough employees.
(Ord. 94-055, § 2, 1994; Ord. 76-25, § 4, 1976)
2.54.020 Definitions. [Recodified as MSB 2.54.005]
2.54.030 RIGHTS OF EMPLOYEES.
Employees, except for executive employees as set out in MSB 2.52.620(B) and exempt employees, as set out in MSB 2.52.653, may organize and form or join employee organizations to meet with the manager or assembly, bargain collectively through representation of their own choosing, enter into contracts with the borough, and engage in concerted activities for the purpose of collective bargaining and other mutual aid and protection.
(Ord. 94-055, § 4, 1994; Ord. 94-001AM, § 3 (part), 1994; Ord. 80-33, § 6, 1980; Ord. 76-25, § 5, 1976)
2.54.040 LABOR RELATIONS BOARD.
(A) There is established the Matanuska-Susitna Borough Labor Relations Board. The board shall have five members appointed by the mayor and ratified by the assembly. Members shall serve staggered three-year terms, the initial terms to be one, two and three years, as determined by the mayor.
(B) None of the members of the board shall be officials of the borough or employed by the borough.
Board members shall be reimbursed actual expenses incurred on authorized board business.
(C) Staff costs for the board are to be borne by the borough. Non-staff costs in specific disputes for matters such as mediation and fact-finding are to be borne by the borough. For purposes of this section, “staff costs” are those costs necessary to pay the salaries of employees who normally serve as staff to the board, and to supply those employees with day-to-day office supplies. “Non-staff costs” are all other costs incurred by the board, such as transportation and actual costs and specifically include, but are not limited to, costs of fact-finding and mediation.
(D) The board shall:
(1) assist in the resolution of disputes as prescribed in this chapter;
(2) determine the extent of and remedy for unfair practices; and
(3) decide the positions to be included within an organization, based on this chapter.
(E) The board may conduct hearings and issue cease-and-desist orders in accord with this chapter.
(F) The board may promulgate rules and regulations in accord with this chapter to effectuate the purposes of this chapter.
(Ord. 94-001AM, § 3 (part), 1994; Ord. 91-037AM, § 3 (part), 1991; Ord. 90-019, § 2, 1990; Ord. 86-27, § 5, 1986; Ord. 76-25, § 6, 1976)
2.54.050 COLLECTIVE BARGAINING UNITS.
(A) The assembly determines that the unit appropriate for the purposes of collective bargaining within the borough shall consist of all regular employees excluding executives, as set out in MSB 2.52.620(B), and exempt employees, as set out in MSB 2.52.653.
(B) All employees within the bargaining unit shall automatically become members of the organization upon completion of probation. All employees within the bargaining unit shall be entitled to the benefits and shall pay all fees and dues of the organization, but are not required to participate in the organization.
(Ord. 94-001AM, § 3 (part), 1994; Ord. 93-094AM (sub2), § 11, 1993; Ord. 92-040, § 14, 1992; Ord. 80-33, § 7, 1980; Ord. 76-25, § 7, 1976)
2.54.060 COLLECTIVE NEGOTIATIONS.
(A) The manager or the manager’s authorized representative, or both shall enter into negotiations with the bargaining representative of the employees in a timely fashion.
(B) The manager shall keep the assembly apprised of terms and conditions of the negotiations from time to time during the negotiations and the manager shall be guided by the assembly as appropriate or necessary throughout the negotiations.
(C) The manager or the manager’s authorized representative, or both and the employee representative shall meet at reasonable times and negotiate in good faith with respect to wages, hours, personnel policies and practices, dues collection, and other terms and conditions of employment.
(D) The obligation to negotiate imposed by subsection (C) of this section does not include matters with respect to the purpose of the borough, its budget, its organization, the number of employees it employs or the number, types and grades of employees.
(E) The borough management retains the right, in accordance with applicable law and ordinance:
(1) to direct the work of borough employees;
(2) to hire, promote, transfer, assign and retain employees in positions within the borough;
(3) to suspend or discharge employees for proper cause;
(4) to maintain the efficiency of borough operations;
(5) to take actions as necessary to carry out the functions of the borough in cases of emergency;
(6) to determine the methods, means and personnel by which operations shall be carried on.
(F) If, in connection with negotiation, an issue develops over whether a proposal is or is not negotiable, it shall be resolved as follows:
(1) The proposal or proposals shall be reduced to writing by the parties jointly or by either party and submitted to the board.
(2) The board shall meet to consider the issue, render its determination and instruct the parties as to its determination.
(Ord. 94-001AM, § 3 (part), 1994; Ord. 81-20, § 2, 1981; Ord. 76-25, § 8, 1976)
2.54.070 MEDIATION AND FACT-FINDING.
(A) If, after a reasonable period of negotiation over the terms of a collective bargaining agreement, an impasse exists between the management and an employee organization, the board may, either on its own initiative or at the request of one of the parties to the dispute, take steps to see that mediation with fact-finding is implemented.
(B) In the case of mediation with fact-finding, the mediator shall be appointed by the manager or the manager’s representative and the employee’s representative. If the two parties cannot agree on an appointment, the appointment shall be made by the labor relations board.
(C) If the labor relations board determines that an impasse still exists after the parties have participated in mediation and fact-finding procedures, the board shall authorize the employee organization to strike and the borough to lock out.
(Ord. 94-055, § 5, 1994; Ord. 94-001AM, § 3 (part), 1994; Ord. 86-27, § 6, 1986; Ord. 76-25, § 9, 1976)
2.54.080 WORK STOPPAGES.
Work stoppages, including strikes by employees, individually or collectively, except absences authorized by personnel-related ordinances or regulations, are prohibited during the term of any labor agreement or extension of the agreement.
(Ord. 94-001AM, § 3 (part), 1994; Ord. 86-27, § 6, 1986; Ord. 76-25, § 10, 1976)
2.54.090 RATIFICATION OF AGREEMENT.
Upon completion of negotiations between the borough and the employee’s bargaining representative, the terms and conditions shall be reduced to writing in agreement form. The agreement shall then be presented to the employee organization for ratification and to the assembly for ratification separately.
(Ord. 94-055, § 6, 1994; Ord. 86-73, § 3, 1986; Ord. 76-25, § 11, 1976)
2.54.095 CONFLICT BETWEEN AGREEMENT AND CODE.
(A) Except as provided in subsection (B) of this section, all provisions of the borough code applicable to borough employees apply to employees covered by an agreement under this section and the code provisions may be amended, repealed and supplemented at any time by the assembly, notwithstanding any provision of the agreement to the contrary.
(B) The following provisions of MSB 2.52 that apply to employees covered by an agreement under MSB 2.54 are inapplicable to the employees to the extent a provision of an agreement covers a matter that is also covered under one of the following sections or subsections:
(1) MSB 2.52.110;
(2) MSB 2.52.120;
(3) MSB 2.52.130;
(4) MSB 2.52.140;
(5) MSB 2.52.150;
(6) MSB 2.52.170;
(7) MSB 2.52.180;
(8) MSB 2.52.200;
(9) MSB 2.52.220, provided, the length and days of a standard work week, the hours of a normal day and the establishment of schedules and their alteration are not negotiable, but the financial consequences of schedules, shifts, days and weeks worked other than those that are set out in an agreement are negotiable;
(10) MSB 2.52.230;
(11) MSB 2.52.240;
(12) MSB 2.52.250;
(13) MSB 2.52.260;
(14) MSB 2.52.270;
(15) MSB 2.52.280;
(16) MSB 2.52.290;
(17) MSB 2.52.310;
(18) MSB 2.52.320;
(19) MSB 2.52.330;
(20) MSB 2.52.340;
(21) MSB 2.52.350, provided, the requirement for the maintenance of a central personnel file containing the work history of each employee is not negotiable;
(22) MSB 2.52.370;
(23) MSB 2.52.380;
(24) MSB 2.52.390(A), Step 1 and Step 2;
(25) MSB 2.52.400;
(26) MSB 2.52.410;
(27) MSB 2.52.430, but only that part relating to employee entitlement to notice, order of layoff, and pay.
(C) The inclusion of a subject under subsection (B) of this section does not change its status as a permissive or mandatory subject of negotiations. A subject for which there is no obligation to negotiate under MSB 2.54.060(D) remains a prohibited subject for negotiation, and a subject which is a management reserved right under MSB 2.54.060(E) remains a reserved management right.
(Ord. 94-001AM, § 3 (part), 1994; Ord. 86-122, § 2, 1986)
2.54.100 UNFAIR LABOR PRACTICES.
(A) The borough or its agents may not:
(1) interfere, restrain or coerce an employee or employee organization in the exercise of its rights guaranteed in this chapter;
(2) dominate or interfere with the formation, existence or administration of an organization;
(3) discriminate in regard to hiring or tenure of employment or a term or condition of employment, to encourage or discourage membership in an organization;
(4) discharge or discriminate against an employee because the employee has signed or filed an affidavit, petition or complaint, or given testimony under this chapter;
(5) refuse to bargain collectively in good faith with an organization which is the exclusive representative of employees in an appropriate unit, including but not limited to the discussing of grievances with the exclusive representative; and
(6) make any derogatory or inflammatory remarks concerning employees, an employees’ organization, or an employees’ representative.
(B) A labor or employee organization or its agents may not:
(1) restrain or coerce an employee in the exercise of the rights guaranteed in this chapter, or restrain or coerce the borough in the selection of its representative for the purpose of collective bargaining or the adjustment of grievances;
(2) refuse to bargain collectively in good faith with the borough, if it has been designated in accordance with this chapter as the exclusive representative of employees in an appropriate unit;
(3) discriminate on the basis of race, color, creed, national origin or sex;
(4) interfere, restrain or coerce an elected official in the official’s private life or the exercise of the official’s duties;
(5) encourage or condone unauthorized work stoppages;
(6) make any derogatory or inflammatory remarks concerning the borough or its agents.
(Ord. 94-001AM, § 3 (part), 1994; Ord. 76-25, § 12, 1976)
2.54.110 INVESTIGATION AND CONCILIATION OF COMPLAINTS.
If a written complaint by or for a person claiming to be aggrieved by a practice prohibited by this chapter, or a written accusation that a person subject to this chapter has engaged in a prohibited practice, is filed with the board, the board shall investigate the complaint or accusation. If the board determines after a preliminary investigation that probable cause exists in support of the complaint or accusation, the board shall try to eliminate the prohibited practice by informal methods of conference, conciliation and persuasion. Nothing said or done during this endeavor may be used as evidence in a subsequent proceeding.
(Ord. 94-001AM, § 3 (part), 1994; Ord. 76-25, § 13, 1976)
2.54.120 COMPLAINT AND ACCUSATION.
If the board fails to eliminate the prohibited practice by conciliation and fails to obtain voluntary compliance with this chapter, it may serve a copy of the complaint or accusation upon the respondent. The complaint or accusation and the subsequent procedures shall be handled in accordance with procedures adopted by the board.
(Ord. 76-25, § 14, 1976)
2.54.130 ORDERS AND DECISIONS.
If the board finds that a person named in the written complaint or accusation has engaged in a prohibited practice, the board shall issue and serve on the person an order or decision requiring the person to cease and desist from the prohibited practice and to take affirmative action to carry out the provisions of this chapter. If the board finds that a person named in the complaint or accusation has not or is not engaging in a prohibited practice, the board shall state its findings of fact and issue an order dismissing the complaint or accusation.
(Ord. 94-001AM, § 3 (part), 1994; Ord 76-25, § 15, 1976)
2.54.140 ENFORCEMENT BY INJUNCTION.
The board may apply to the superior court for an order enjoining the prohibited acts specified in the order or decision of the board.
(Ord. 76-25, § 16, 1976)
2.54.150 PAYROLL DEDUCTION FOR DUES.
Upon written authorization of an employee within a bargaining unit, the borough may deduct from the pay of each employee each pay period the amount of dues and other fees as certified by the secretary of the organization, and deliver the amount deducted to the chief fiscal officer of the organization.
(Ord. 94-001AM, § 3 (part), 1994; Ord. 76-25, § 17, 1976)
2.54.160 [Repealed by Ord. 86-27]
2.54.170 EXECUTIVE SESSIONS.
The assembly finds that immediate public knowledge of the negotiating positions of management would clearly have an adverse effect upon the finances of the borough by revealing the bargaining position and strategy of management to employees of bargaining units, thereby undermining the assembly’s bargaining position. The assembly may hold executive sessions on matters related to negotiations with bargaining units and for the purpose of meeting with employee organizations or their representatives.
(Ord. 76-25, § 19, 1976)