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BULLET St. Louis City Revised Code Chapter 3.92 Memorandums of Understanding

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 3.92
Memorandums of Understanding

Sections:

3.92.010 Policy declaration.
3.92.020 Definitions.
3.92.030 Exclusive bargaining representative--Recognition.
3.92.040 Exclusive bargaining representative--Decertification.
3.92.050 Exclusive bargaining representative--Duty to act fairly.
3.92.060 Employees not to be discriminated against.
3.92.070 Bargaining procedure.
3.92.080 Information to be made available.
3.92.090 Fair share agreement.
3.92.100 Grievance adjustment.
3.92.110 Work slowdown or strike prohibited.
3.92.120 Change in memorandum of understanding.

3.92.010 Policy declaration.

It is hereby declared to be the policy of the City to encourage the practice and procedure of good faith negotiation of memorandums of understanding and fair share agreements for public employees of the City covering proposals relative to salaries and other conditions of their employment, as set forth herein below, to the fullest extent permitted by law, especially Sections 105.500 et. seq. of the Revised Statutes of Missouri, and the Charter and ordinances of the City.
(Ord. 62234 1, 1991.)

3.92.020 Definitions.

Unless the context otherwise requires, the following words and phrases means:

A. "Appropriate unit" means a unit of employees at any plant, or installation, or facility, or in a craft or in a function of the City which establishes a clear and identifiable community of interest among the employees concerned.

B. "Exclusive bargaining representative" means a labor organization which has been designated or selected by a majority of employees in an appropriate unit as the representative of such employees in such unit for purposes of collective bargaining.

C. "City" means the City of St. Louis.

D. "Memorandum of understanding" means a written agreement between the City and an exclusive bargaining representative covering proposals relative to salaries and other conditions of employment.

E. "Fair share agreement" means a written agreement between the City and an exclusive bargaining representative, which may be contained in a memorandum of understanding, under which all or any of the employees in an appropriate bargaining unit are required to pay their proportionate share of the costs of the bargaining process, memorandum of understanding, administration, and pursuit of other matters affecting salaries and other conditions of employment of employees in the appropriate unit, but not to exceed the amount of dues uniformly required of members.

F. "Labor organization" means any organization in which employees participate which exists, in whole or in part, for the purpose of dealing with the City of St. Louis concerning salaries and other conditions of employment.
(Ord. 62234 2, 1991.)

3.92.030 Exclusive bargaining representative--Recognition.

A labor organization may be recognized as an exclusive bargaining representative if the City has sufficient evidence of the majority status of the labor organization in an appropriate unit. Disputes concerning majority status in the appropriate unit will be determined by the State Board of Mediation.
(Ord. 62234 3, 1991.)

3.92.040 Exclusive bargaining representative--Decertification.

All exclusive bargaining representatives, either recognized by the City or certified by the State Board of Mediation, shall be presumed to have continued majority status until they are decertified or until they make a disclaimer of interest in continued representation of the employees in the appropriate unit.
(Ord. 62234 4, 1991.)

3.92.050 Exclusive bargaining representative--Duty to act fairly.

All exclusive bargaining representatives, either recognized by the City or certified by the State Board of Mediation, shall represent fairly and without discrimination all public employees in the appropriate units without regard to labor organization membership.
(Ord. 62234 5, 1991.)

3.92.060 Employees not to be discriminated against.

Employees covered by memorandums of understanding shall not be deprived of any protection granted by Federal, State and City law. Employees shall not be discriminated against because of race, creed, national origin, religion, sex, marital status, age or labor organization activity or membership, in accordance with applicable Federal, State and City law.
(Ord. 62234 6, 1991.)

3.92.070 Bargaining procedure.

A. In the process of meeting, conferring, and discussing in good faith salaries and other conditions of employment of City employees, the Director of Personnel and the exclusive bargaining representative shall engage in discussions for the purpose of reducing the results of the bargaining process to a written memorandum of understanding.

B. All of the terms agreed upon between the City and the exclusive bargaining representative shall meet the requirements of Federal, State and City law and shall be included in written memorandums of understanding to be submitted to the Board of Aldermen for ratification and adoption in form or ordinances. A memorandum of understanding shall include a nondiscrimination clause in accordance with Sections 3.92.050 and 3.92.060. If arbitration is permitted by State law, a provision for arbitration may be included in a memorandum of understanding.

C. In the case of negotiations for a new memorandum of understanding, either party may seek negotiations of the agreement one hundred eighty (180) days prior to the expiration date of the current memorandum of understanding. The Director of Personnel of the City and the exclusive bargaining representative shall make themselves available at reasonable times and places for good faith conferences.

D. If negotiation fails to result in a memorandum of understanding acceptable to the exclusive bargaining representative, then the Director of Personnel and the Civil Service Commission shall proceed pursuant to their authority under the Charter and ordinances of the City.
(Ord. 62234 7, 1991.)

3.92.080 Information to be made available.

During negotiations and during the term of a memorandum of understanding, each party shall make available information requested by the other party reasonably related and necessary or useful for negotiations and/or administration of the memorandum of understanding unless said disclosure is prohibited by law.
(Ord. 62234 8, 1991.)

3.92.090 Fair share agreement.

A. The parties may agree to a fair share agreement at any time after majority status has been recognized or certified, and such an agreement may be included in a memorandum of understanding.

B. The fees agreed upon in a fair share agreement shall be those which are necessary or reasonably incurred for the purpose of performing the duties of exclusive bargaining representative. The amounts shall not include any fees for contributions related to the election or support of any candidate for political office.

C. Employees shall be advised, before a fair share agreement is implemented, of the manner in which the fair share fee has been calculated. No fair share fee shall be withheld from an employee's salary if the employee files an objection to the withholding until the objection is resolved. The Civil Service Commission shall hold a prompt hearing to resolve any disputes over objections by employees.

D. No fair share agreement between the City and an exclusive bargaining representative will be agreed upon for any bargaining unit, where the City has previously recognized the role of an organization having a primary purpose the prevention or elimination of racial discrimination in a bargaining unit, until the exclusive bargaining representative and the other organization have had the opportunity to meet and agree on the proper proportionate share of costs to be included in the fair share agreement.
(Ord. 62234 9, 1991.)

3.92.100 Grievance adjustment.

An employee covered by a memorandum of understanding has the right to present a grievance arising under the terms of a memorandum of understanding and notwithstanding the provisions of Section 3.92.050, to have the grievance adjusted without the intervention of the exclusive bargaining representative. The City has the duty to hear the grievance and participate in its adjustment. The adjustment may not be inconsistent with the terms of the memorandum of understanding agreement. The exclusive bargaining representative shall be given prompt notice of the grievance and shall have the privilege of attending any hearings, and shall be notified of the adjustment thereon. The City and the exclusive bargaining representative shall not interfere with, intimidate, restrain, coerce or discriminate against an employee because of the exercise of such rights. Nothing in the ordinance will be construed to limit the right of the City to discuss civil rights issues with any individual or group of individuals.
(Ord. 62234 10, 1991.)

3.92.110 Work slowdown or strike prohibited.

Nothing contained herein shall be construed as granting a right to employees to engage in a work slowdown, work disruption or strike.
(Ord. 62234 11, 1991.)

3.92.120 Change in memorandum of understanding.

A memorandum of understanding ratified and adopted by ordinance shall be subject to change during the term of the agreement only by another ordinance adopted making such change.
(Ord. 62234 12, 1991.)

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