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 -