This chapter shall be known as the City of Hermiston Employer Employee Relations Ordinance.
(Ord. 867, passed 5-12-75)
The purpose of this chapter is to establish policies and procedures for the orderly administration of employer employee relations in city government, the formal recognition of employee organizations, and the resolution of disputes regarding wages and related economic benefits.
(Ord. 867, passed 5-12-75)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Appropriate Unit. A unit determined pursuant to § 36.17 of this chapter, excluding confidential and management employees as herein defined.
City. The city of Hermiston and, where appropriate herein, the City Council or any authorized management employee as herein defined.
City Council. The governing body of the City of Hermiston.
City Representative. The City Manager, or alternate or alternates as may be selected by him, together with another person or persons as the City Council may designate. The City Council may authorize the City Manager to designate another person or persons on their behalf.
Consultation in Good Faith. The mutual obligation of the city representative and employee representative personally to meet at reasonable times and to communicate in good faith verbally or in writing in an attempt to reach agreement on those matters within the scope of consultation.
Day. A calendar day.
Employee. Any employee who is appointed to a full time or part time permanent city position.
Employee, Confidential. Any employee who is privy to decisions of city management affecting employer employee relations. Confidential Employees shall be designated by the City Manager.
Employee, Management. Any employee having significant responsibilities for formulating and administering city policies and programs, including but not limited to the City Manager and department heads; and any employee having authority to exercise independent judgment to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or having the responsibility to direct them, or to adjust grievances, or effectively to recommend action if in connection with the foregoing, and the exercise of authority is not of a merely routine or clerical nature but requires the use of independent judgment. Management Employees shall be designated by the City Manager.
Employee Organization. Any organization which has in its membership employees of the city and which has as one of its primary purposes representing employees in their employment relations with the city.
Employee Organization, Certified.. An employee organization which has been certified as the majority representative of employees in an appropriate unit in accordance with the provisions of §§ 36.17 through 36.20.
Employee Representative. The employee or employees representing a certified employee organization for purposes of the consultation process provided in this chapter.
Employer Employee Relations. The relationship between the city and its employees and their employee organizations or, when used in a general sense, the relationship between city management and employees or employee organizations.
Fact Finder.. The Fact Finder, Fact Finding Committee, or Fact Finding Body selected pursuant to § 36.21.
Fact Finding. Identifying the major issues in a particular dispute; reviewing the positions of the parties; investigating and reporting of the facts by one or more impartial fact finders; and making recommendations for settlement.
Grievance. A dispute concerning the interpretation of the rules and regulations governing personnel policies and practices of the city affecting the employee, or of the practical consequences of a “city rights” decision on wages and related economic benefits. An impasse is not a Grievance.
Impasse. A deadlock in the annual discussions between the city representative and employee representative over any matters within the scope of consultation as defined in § 36.15 of this chapter.
Mediation. The effort of an impartial third person or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution of an impasse through interpretation, suggestion and advice.
Memorandum of Understanding. A written memorandum incorporating matters on which agreement is reached through the consultation process and approved by the City Council.
(Ord. 867, passed 5-12-75)