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HomeMy WebLinkAboutOrd 3502 03/05/1985 RDINANCE NO. 3502 AN ORDINANCE AMENDING CHAPTER 8,SECTION 8.603 OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDNET AND BOARD OF TRUSTEES THE 5th DAY OF March, 1985 Published in pamphlet form by the authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 13th day of March, 1985 ORDINANCE NO. 3502 AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.603 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That, pursuant to the authority vested in the President and Board of Trustees of the Village of Mount Prospect under Article VII of the 1970 Constitution of the State of Illinois, paragraph D of Section 8.603 of Chapter 8, as amended, is hereby further amended by deleting paragraph D of Section 8.603 in its entirety and substituting therefor an entirely new paragraph D; so that hereafter said paragraph D of Section 8.603 of Chapter 8 shall be and read as follows: Whenever a petition has been filed by a public employee or group fo public employees or any labor organization demonstrating that 30 percent (30%) of the public employees in an appropriate unit: 2) wish to be represented by a labor organization as exclusive representative, or asserting that the labor organization which is currently recognized as bargaining representative is no longer the representative of the majority of public employees in the unit; the Village shall investigate such petition, and if it has reasonable cause to believe that a question of representation exists, shall provide for an appro~riate he~ring Upon due notice. Other interested employee organizations may intervene in the proceedings by so requesting, in writing, to the Village within seven (7) days of posting the notice of hearing. 1. The Village shall decide, in each case, a unit appropriate for the purpose of bargaining, based upon some or all of the following factors: historical pattern of recognition; community of interest including employee skills and functions; degree of functional integration; interchangeability and contact among employees; common supervision, wages, hours and other working conditions of the employees involved; and such other factors traditionally considered in similar proceedings. A single bargaining unit may not include both supervisors and non-supervisors. 2. In instances where more than one employee organization claims a representional interest in a unit, the Village shall determine the majority representative of the public employees by conducting a secret ballot election. After the unit determination hearing, the Village shall issue its bargaining unit determination and direction of election. The Village shall submit to each labor organization a list of the names of those employees who are determined by the Village to be eligible to participate in the election. When the Village has determined that a labor organization has been fairly and freely chosen by a majority of employees in an appropriate unit, such organization shall be the exclusive represenatative. If the Village determines that a majority of mployees in an appropriate unit has fairly and freely chosen not to be represented by a labor organization, it shall so certify. 3. This election process may be bypassed where only one labor organization has claimed an interest in the bargaining unit, the incumbent labor organization, if any, signs a disclaimer of interest in the outcome of the election, and the Village chooses to volunarily recognize the petitioning labor organization° 4. The Village shall not conduct an election in any bargaining unit or any subdivision thereof within which a valid election has been held in the preceding 12-month period. The Village shall determine who is eligible to vote in an election and may establish rules governing the conduct of the election or conduct effecting the results of the election. The Village shall include on a ballot in a representation election a choice of "no representation". A labor organization currently representing the bargaining unit of employees shall be placed on the ballot in any representation election, unless said organization signs a disclaimer of interest in the outcome of the election. In any election where none of the choices on the ballot receives a majority, a runoff election shall be conducted between the two choices receiving the largest number of valid votes cast in the election. 5. No election shall be directed by the Village in any bargaining unit where there is in force a valid collective bargaining agreement. The Village, however, may process an election petition filed between 90 and 30 days prior to the expiration of the date of the agreement. No collective bargaining agreement bars an election upon the petition of persons not parties thereto where more than three years have elapsed since the effective date of the agreement° 61 ~ employee orgar~z~tion shall be~laced on the ballot if such organization has encouraged or participated in a strike of any of the employees of the Village within five (5) years of the date of its petition for recognition or if such organization asserts the right to strike against any public employer, or to conduct, assist, or participate i~ any such strike; 7. Neither party shall make threats of any nature to influence employee voting. 8. The Village shall not make promises of promotions, pay raises, or other benefits to influence an employee vote. However, this provision shall in no way effectthe right of the Village to implement any personnel program affecting all Village employees. 9. Neither the employee organization seeking o be represented nor the Village shall make mis- statements of important facts, nor shall they incite racial, religious, or union discrimination or other prejudice by inflammatory appeals. 10. The Village may elect to cease or refuse to recognize or to negotiate with any group and may terminate any existing agreement with any such group, association, or individual representing such groups or associations where any of the above have been convicted of violating any federal laws, statutes of the State of Illinois, or ordinances of the Village of Mount Prospect, provided that the conviction of any individual was related to his activities on behalf of such group or association. " SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Farley, Floros, Murauskis, Van Geem, Wattenberg NAYS: None ABSENT: Arthur PASSED and APPROVED this 5thday of March , 1985. ATTEST: Village Clerk - 3 -