| ARTICLE VI... Procedures To Implement Section 2-219 Of The Phoenix City Code For The Resolution Of Impasses. | <div class="ExternalClass6F1E3E0FBCD24D3C9F1C787AFC9C2B8C">
<table class="body"><tbody><tr><td valign="top">6.1 </td><td valign="top"><span style="text-decoration:underline;">Scope.</span><br>This article governs the informal and formal
procedures relating to mediation and fact-finding in resolution of impasses
under Phoenix City Code, Section 2-219.
<p> </p></td></tr><tr><td valign="top">6.2 </td><td valign="top"><span style="text-decoration:underline;">Informal Resolution Procedures.</span><br>
<ol><li type="A"><span style="text-decoration:underline;">Agreement of Parties.</span><br>The employer and authorized employee
representative, during the course of meeting and conferring over the terms of a
memorandum of understanding, may agree upon procedures to be followed in the
event they determine that an impasse exists; provided however, any such
procedures must result in an agreement on a memorandum of understanding by March
1.
</li><li type="A"><span style="text-decoration:underline;">Determination of Impasse.</span><br>
<ol>
<li>If the parties have adopted informal resolution procedures, but such
procedures do not result in an agreement on a memorandum of understanding by
March 1, then a written notice, signed by the employer and the authorized
employee organization, shall be filed with the Board no later than March 1,
stating that an impasse still exists.
</li><li>Upon receiving a notice that an impasse still exists, the Board shall meet
and shall either:
<ol>
<li type="a">Order that the matter(s) in dispute be submitted to formal mediation,
in which case Rule 6.3(C)(4), Rule 6.3(C)(5) and Rule 6.3(E) of these Rules and
Regulations shall apply; or
</li><li type="a">Order that the matter(s) in dispute be submitted to the Phoenix City
Council or to a fact finder; provided however, that the matter(s) in dispute may
not be submitted directly to the Phoenix City Council unless both parties so
agree. </li></ol></li></ol>
</li><li type="A"><span style="text-decoration:underline;">Submission to Phoenix City Council.</span><br>If both parties execute
and submit to the Board a statement that the matter(s) in dispute may be
submitted directly to the Phoenix City Council, and the Board so orders that the
matter(s) in dispute be submitted directly to the Phoenix City Council, then
each party shall, within ten (10) days of such order, file with the Phoenix City
Clerk a position paper on the issues in dispute and shall certify that a copy of
the position paper has been served on the other party.
</li><li type="A"><span style="text-decoration:underline;">Submission to Fact Finder.</span><br>If both parties have not agreed
to submit the matter(s) in dispute directly to the Phoenix City Council and the
Board orders that the matter(s) in dispute be submitted to a fact finder, then,
simultaneously with such an order, the Board's agent shall furnish the parties
with a list of not less than five (5) qualified fact finders. Thereafter, the
procedures set forth in Rule 6.3(G) shall apply. </li></ol></td></tr><tr><td valign="top">6.3 </td><td valign="top"><span style="text-decoration:underline;">Formal Resolution Procedures.</span><br>
<ol><li type="A"><span style="text-decoration:underline;">Applicability of Formal Resolution Procedures.</span><br>If the
parties, during the course of meeting and conferring over the terms of a
memorandum of understanding, have not agreed upon procedures to be followed in
the event they determine that an impasse exists, then the procedures set forth
in this section shall apply.
</li><li type="A"><span style="text-decoration:underline;">Notice of Dispute.</span><br>If, after meeting and conferring for a
reasonable period of time a dispute exists between the employer and the
authorized employee organization or if a memorandum of understanding has not
been reached prior to March 1, a written notice, signed by the employer and the
authorized employee organization, shall be filed with the Board no later than
March 1, stating that a dispute still exists and containing a clear and concise
statement of the issue(s) in dispute.
</li><li type="A"><span style="text-decoration:underline;">Determination of Impasse.</span><br>
<ol>
<li type="1">If, after meeting and conferring for a reasonable period of time a
dispute exists between the employer and the authorized employee organization or
if a memorandum of understanding has not been reached prior to March 1, then, in
addition to the notice required under Rule 6.3(B) of these Rules and
Regulations, either party, or both parties, may request that the Board determine
that an impasse exists and that the matter be submitted to formal mediation. The
request shall contain the following:
<ol>
<li type="a">Name, address and telephone number of the authorized employee
organization and the name and telephone number of its principal representative
to be contacted;
</li><li type="a">Name and telephone number of the principal employer representative to
be contacted;
</li><li type="a">Identification of the bargaining unit;
</li><li type="a">Dates and duration of negotiation sessions held;
</li><li type="a">A clear and concise statement of the issue(s) in dispute;
</li><li type="a">A statement noting whether the request is joint or unilateral; and
</li><li type="a">Certification that a copy of the request was served on the other
party. </li></ol>
</li><li type="1">Upon receiving a request that it be determined that an impasse
exists, the Board, within a reasonable time, shall meet to hear arguments of the
parties and make a determination as to the existence of an impasse.
</li><li type="1">If the Board determines that an impasse does not exist, it shall
order the parties to continue meeting and conferring.
</li><li type="1">If the Board determines that an impasse does exist, it shall cause
its agent to immediately advise the Federal Mediation and Conciliation Service
and request that a mediator be assigned to the case. The Board shall further
cause its agent to simultaneously furnish the parties with a list of not less
than five (5) qualified fact finders.
</li><li type="1">In the event the Federal Mediation and Conciliation Service notifies
the Board that it is unable to assist the parties, then the American Arbitration
Association shall be requested to appoint a mediator. </li></ol>
</li><li type="A"><span style="text-decoration:underline;">Joint Request for Formal Mediation.</span><br>If, in lieu of a
request that the Board determine that an impasse exists, both the employer and
the authorized employee organization sign and submit to the Board a request for
formal mediation, the Board's agent shall immediately advise the Federal
Mediation and Conciliation Service and request that a mediator be assigned to
the case. The Board's agent shall simultaneously furnish the parties with a list
of not less than five (5) qualified fact finders.<br>In the event the Federal
Mediation and Conciliation Service notifies the Board that it is unable to
assist the parties, then the American Arbitration Association shall be requested
to appoint a mediator.
</li><li type="A"><span style="text-decoration:underline;">Mediation Process.</span><br>The mediator shall assist the parties in
resolving the matter(s) in dispute. However, if the matter(s) in dispute are not
resolved within ten (10) days of the first day of availability of the mediator,
the mediator shall immediately advise the Board that a dispute still exists. The
mediator has the option, prior to the expiration of the aforementioned ten-day
period, to advise the Board that a dispute still exists if it is determined by
the mediator that further mediation efforts will not likely resolve the
dispute.<br>Upon notification from the mediator that a dispute still exists, the
Board's agent shall have the matter(s) in dispute submitted directly to the
Phoenix City Council or to a fact finder; provided however, that the matter(s)
in dispute may not be submitted directly to the Phoenix City Council unless both
parties so agree.
</li><li type="A"><span style="text-decoration:underline;">Submission to Phoenix City Council.</span><br>If both parties execute
and submit to the Board a statement that the matter(s) in dispute may be
submitted directly to the Phoenix City Council, then the Board's agent, upon
receipt of the statement, shall submit the matter(s) in dispute to the Phoenix
City Council. Each party shall file with the Phoenix City Clerk within ten (10)
days from notification by the Board's agent that the matter(s) in dispute have
been submitted to the Phoenix City Council, a position paper on the issues in
dispute and shall certify that a copy of the position paper has been served on
the other party.
</li><li type="A"><span style="text-decoration:underline;">Submission to Fact Finder.</span><br>
<ol>
<li type="1">If both parties have not agreed to submit the matter(s) in dispute
directly to the Phoenix City Council, then, within forty-eight (48) hours from
either the issuance of an order under Rule 6.2(B)(2) of these Rules and
Regulations or the notification from the mediator under Rule 6.3(E) of these
Rules and Regulations, the parties shall meet with the Board's agent to select a
fact finder from the list provided by alternately striking names from those then
available until one name remains. If the parties cannot agree as to who shall
strike the first name, the order of selection shall be determined by the toss of
a coin. If, for any reason, the parties have not timely selected a fact finder,
the Board shall immediately meet and appoint a fact finder.
</li><li type="1">The fact finder shall complete fact-finding within five (5) business
days of notification by the Board of the selection or appointment of the fact
finder. Any hearings convened by the fact finder shall be private unless all
parties agree to have them public. The fact finder may request of the Board or
any authorized member thereof the issuance of subpoenas to compel the attendance
of witnesses and production of documents relating to any matter under inquiry,
investigation or hearing. The fact finder may administer oaths. Within three (3)
business days of the completion of fact-finding, the fact finder shall file with
the Board, and deliver to both parties, a report and advisory recommendation.
The report and advisory recommendation shall not be made available to the public
except as hereinafter provided.
</li><li type="1">If the parties have not reached an agreement within five (5) business
days from receipt of the fact finder's report and advisory recommendation, the
Board's agent shall transmit a copy of the report and recommendation to the
Mayor and Phoenix City Council, shall file a copy with the Phoenix City Clerk
and shall make it available to the public.
</li><li type="1">If either party fails to accept the fact finder's advisory
recommendations, in whole or in part, then, within five (5) business days after
the report and recommendation has been made public, the City Manager, or his
designated representative, and the employee organization shall each submit to
the Phoenix City Council written recommendations for settling the dispute.
Thereafter, the procedures contained in Phoenix City Code, Section 2-219(J)
shall apply. </li></ol></li></ol></td></tr></tbody></table></div> | |
| ARTICLE VII.. Effective Date. | <div class="ExternalClassB66F6F724550451F86570EF38B5A329B">
<table class="body"><tbody><tr><td valign="top">7.1 </td><td valign="top"><span style="text-decoration:underline;">Effective Date.</span><br>These amendments to the Phoenix
Employment Relations Board's Rules and Regulations shall become effective on the
day following their approval by the Phoenix City Council.
</td></tr></tbody></table><p> </p><p><span class="body">STATE OF ARIZONA )<br>
) ss<br>COUNTY OF
MARICOPA )
</span></p><p>I, _____________, the duly appointed and qualified Special Deputy City Clerk
of the City of Phoenix, County of Maricopa, State of Arizona, do hereby certify
and attest the attached to be a true and correct copy of the Amended Rules and
Regulations of the Phoenix Employment Relations Board, approved by the Council
of the City of Phoenix at a Formal Meeting held on the __th day of _________,
2000 all as appears of record in the office of the City Clerk.
</p><p>IN WITNESS WHEREOF, I hereunto set my hand and caused the official seal of
the City of Phoenix to be affixed hereunto this (day) day of (month), 2000.
</p><p> </p><div align="right">____________________________<br>SPECIAL DEPUTY CITY CLERK
</div><p><span class="botnav"><br><br></span> </p></div> | |
| ARTICLE I.... General Provisions. | <div class="ExternalClassAA3C7CD1C4E244F4BD629417BBCB14C3"><table class="body"><tbody><tr><td valign="top">1.1 </td><td valign="top"><span style="text-decoration:underline;">Purpose of Rules and Regulations.</span><br>These Rules and
Regulations are established for the efficient operation of the Phoenix
Employment Relations Board, the orderly administration of the ordinance, and the
enforcement of the statutory rights, obligations, and privileges of public
employees, public employee organizations, and the City of Phoenix.
</td></tr><tr><td valign="top">1.2</td><td valign="top"><span style="text-decoration:underline;">Interpretation.</span><br>These Rules and Regulations shall be
liberally construed to effectuate the purposes and provisions of the ordinance.
</td></tr><tr><td valign="top">1.3</td><td valign="top"><span style="text-decoration:underline;">Definitions.</span>
<ol><li type="A">The "Board" shall refer to the five-member Phoenix Employment
Relations Board, or members thereof authorized to act on behalf of the Board.
</li><li type="A">The "Board's Agent" shall refer to the Board's administrative staff
and/or any other individual authorized by the Board to perform certain tasks on
behalf of the Board.
</li><li type="A">The "Ordinance" shall refer to Phoenix City Code, Sections 2-209
through 2-221 inclusive and amendments thereto. Terms used in these Rules and
Regulations shall have the same meaning as those defined in the ordinance unless
their context clearly indicates otherwise.
</li><li type="A">"Hearing Officer" shall mean the person appointed by the Board or the
Board's agent to conduct the hearing on a charge filed with the Board.
</li><li type="A">"Petition" shall mean the formal document constituting the request
that the Board: (1) order an election to determine whether an employee
organization should be certified as the authorized representative of the
employees in an appropriate unit; (2) order an election to determine whether an
employee organization retains sufficient support as an authorized representative
of the employees in the appropriate unit; or (3) amend or clarify a
certification pursuant to Rule 2.4 of these Rules and Regulations.
</li></ol></td></tr><tr><td valign="top">1.4</td><td valign="top"><span style="text-decoration:underline;">Authority of the Board.</span><br>The Board shall be responsible
for the enforcement of the ordinance and these Rules and Regulations. The Board
shall have exclusive authority to determine the existence of an unfair labor
practice. Written claims of violation of Phoenix City Code, Section 2-220, shall
be adjudicated by the Board. The Board, however, shall have no jurisdiction over
any cases involving employee discipline where an affected employee has timely
filed an appeal of that discipline under the City's Civil Service system.
</td></tr><tr><td valign="top">1.5</td><td valign="top"><span style="text-decoration:underline;">Enforcement Powers of the Board.</span><br>If the Board
determines that a party has engaged, or is engaging, in conduct in violation of
the ordinance, it may issue an order requiring the party to cease and desist
from such conduct. The Board may also require the party to make reports showing
the extent to which the party has complied with the order issued.<br>If the
Board determines that the City has engaged, or is engaging, in an unfair labor
practice, it may order the City to cease and desist such unfair labor practice
and, if the unfair labor practice involves the demotion, suspension or
termination of an employee, the Board may order the reinstatement of such
employee, with or without back pay. The Board may order the parties to bargain
in good faith. However, the Board shall have no power to order other affirmative
action that would in any way diminish the charter powers of the City Council,
City Manager, Personnel Official, or the Phoenix Civil Service Board. The Board
may make an advisory recommendation to the appropriate authority.<br>The Board
or any party may petition the Maricopa County Superior Court for such order of
the court as may be necessary to compel compliance with an order of the
Board.<br>Any party subject to an order from the Board may seek review in the
Maricopa County Superior Court, but such review shall be limited to the claim
that the Board has failed to exercise discretion which it has a duty to
exercise; that the Board has failed to perform a duty required by law as to
which it has no discretion; that the Board has proceeded or is threatening to
proceed without or in excess of its jurisdiction or legal authority; or that the
Board's determination was arbitrary and capricious or an abuse of discretion.
</td></tr><tr><td valign="top">1.6</td><td valign="top"><span style="text-decoration:underline;">Decisions of the Board.</span><br>The Board shall decide all
matters; provided, however, that three members shall constitute a quorum for the
transaction of business and may hear or decide any matter. In the absence of the
chairman, the members present, if constituting a quorum, may appoint an acting
chairman who shall be one of the public members. The members of the Board
deciding a matter shall be the same as those hearing the issues. In the event a
hearing on a matter extends to two or more meetings, a member of the Board who
was not present, in person or by phone, at one or more of the meetings, may
still participate in the deliberation and decisoin of the Board so long as that
member has read the transcript or has listened to the digital recording of any
missed meeting prior to the Board rendering its decision.
</td></tr><tr><td valign="top">1.7</td><td valign="top"><span style="text-decoration:underline;">Computation of Time.</span><br>Whenever the time limit in these
Rules and Regulations for any act is ten (10) days or more, Saturdays, Sundays
and legal holidays shall be included in making the computa-tion. Whenever the
time limit in these Rules and Regula-tions is less than ten (10) days,
Saturdays, Sundays and legal holidays shall be excluded. Whenever the last day
of any such period shall fall on a Saturday, Sunday or legal holiday observed by
the City of Phoenix, such day shall be omitted from the computation and the act
required to be performed shall be deemed timely if performed on the fol-lowing
business day. The Board, for good cause shown, may shorten or extend any time
prescribed in these Rules and Regulations, other than the time for filing an
initial pleading.
</td></tr><tr><td valign="top">1.8</td><td valign="top"><span style="text-decoration:underline;">Notice of Meetings.</span><br>Notice of any Board meeting shall
be given in accordance with Phoenix City Code, Section 2-211(F). As the term is
used in Phoenix City Code, Section 2-211(F)(1), the Board shall construe
"parties directly interested" to include the following: (1) in proceedings
instituted pursuant to Article II of these Rules and Regulations, the
petitioner, any intervenor, the public employer, and the authorized
representative; (2) in proceedings instituted pursuant to Article III of these
Rules and Regulations, any named charging party, any named charged party, any
employee named in the charge, and, in the event proceedings are instituted by
any unit employee, the authorized representative for that unit.<br>In a given
matter or proceeding, notice shall be given to any organization or any
individual who has properly executed and timely filed a request for notice of
such meetings with the Board. Such request shall include the following: (1) the
name and address of the individual or organization to whom the notice is to be
sent; and (2) if a place of business, the normal days and hours of operation of
said business.
</td></tr><tr><td valign="top">1.9</td><td valign="top"><span style="text-decoration:underline;">Filing and Service; Proof of Service.</span><br>All documents
required to be filed shall be filed at the offices of the Board, with copies
provided to the assigned hearing officer and the opposing party or his, her or
its representative of record. Unless otherwise provided by these Rules and
Regulations, all documents required to be served, either by the Board's agent or
a party, may be served personally, by intra-city mail or by first class mail.
The individual serving the same shall file a verification stating the method and
date of service, along with the names and addresses of the persons served. If a
party has the right or is required to do some act, or take or participate in
some proceeding within a prescribed period after service of a notice or other
document upon him, and the notice or other document is served by first class
mail, three (3) days from the date of mailing shall first be added to the
prescribed period.
</td></tr><tr><td valign="top">1.10</td><td valign="top"><span style="text-decoration:underline;">Severability.</span><br>If any provision of these Rules and
Regulations is held to be invalid by a court of competent jurisdiction, such
holding shall not be construed to invalidate any other provision of these Rules
and Regulations.</td></tr><tr><td valign="top">1.11</td><td valign="top"><span style="text-decoration:underline;">Hearing Officer Compensation.</span><br>Except for the day(s) of
hearing, for any work of less than an eight hour day, a hearing officer shall
only be compensated for time actually spent on any such work on an hourly basis
of his perdiem.</td></tr></tbody></table></div> | |
| ARTICLE II... Proceedings For Certification, Decertification, Amendment of Certification Or Unit Clarification. | <div class="ExternalClassFAC039734C0B46C98F34946C6E78312B"><table class="body"><tbody><tr><td valign="top">2.1 </td><td valign="top"><span style="text-decoration:underline;">Generally.</span><br>Any person designated in the applicable
subsection of Rule 2.2 of these Rules and Regulations may file a petition for
certification, decertification, amendment of certification or unit clarification
pursuant to Phoenix City Code, Section 2-216.
<p> </p></td></tr><tr><td valign="top">2.2</td><td valign="top"><span style="text-decoration:underline;">Who May File.</span><br>
<ol><li type="A"><span style="text-decoration:underline;">Representation Petition Seeking Certification (RC).</span><br>A
petition for certification as authorized representative under Phoenix City Code,
Section 2-216, may be filed by any individual, employee, group of employees or
an employee organization alleging that at least thirty percent (30%) of the
employees in the appropriate unit desire to be represented by the petitioner for
meet and confer purposes. The petition shall be accompanied by evidence of the
thirty percent (30%) showing of interest.
</li><li type="A"><span style="text-decoration:underline;">Decertification Petition (RD).</span><br>Any individual, employee,
group of employees, or an employee organization may file a decertification
petition alleging that at least thirty percent (30%) of the employees in the
appropriate unit believe their current authorized representative no longer
represents the employees in the bargaining unit. The petition shall be
accompanied by evidence of the thirty percent (30%) showing of interest.
</li><li type="A"><span style="text-decoration:underline;">Employment Petition (RE).</span><br>The public employer may file a
petition for an election in a unit where no authorized representative has been
certified, but a claim for recognition has been made and strike action has been
threatened, to determine if employees desire to be represented. The petition
shall be accompanied by evidence supporting the claim.<br>The public employer
may also file a petition for an election as a means of questioning the continued
majority status of an authorized representative. The petition shall be
accompanied by evidence that the public employer has reasonable cause to
believe, through the application of objective considerations, that the
authorized representative has lost its majority status since its certification.
</li><li type="A"><span style="text-decoration:underline;">Petition for Unit Clarification (UC).</span><br>A petition to clarify
the inclusion or exclusion of job classifications of employees in a Board
determined bargaining unit may be filed by the public employer, an affected
public employee, or the authorized representative. Such petition must be in the
absence of a question of representation.
</li><li type="A"><span style="text-decoration:underline;">Petition for Amendment of Certification (AC).</span><br>The public
employer or the authorized representative may file a petition to amend a
certification to reflect changed circumstances provided such petition does not
raise a question concerning representation.
</li><li type="A"><span style="text-decoration:underline;">Petition to Intervene.</span><br>In the event a representation
election is to be held, any other individual, employee, group of employees or an
employee organization may file a petition alleging that at least ten percent
(10%) of the employees in the appropriate unit desire to be represented by the
intervening petitioner. The petition shall be accompanied by evidence of the ten
percent (10%) showing of interest. If it is determined that there is an adequate
showing of interest, the intervening petitioner shall be accorded a place on the
ballot. A petition to intervene in an election shall not be entertained after
the Board either directs an election or approves an election agreement.
</li></ol></td></tr><tr><td valign="top">2.3</td><td valign="top"><span style="text-decoration:underline;">Showing of Interest.</span><br>A showing of interest may consist
of a current certification of representation, cards, applications for
membership, authorizations for representation, lists and/or petitions which
indicate, at a minimum, the employees' interest in being represented by the
petitioner or , in the case of a decertification petition, the employees'
interest in not being represented by the authorized representative, the
signatures of the employees and the dates of the signatures.<br>Documents
submitted with any petition shall not be public documents and shall not be made
available to any party or individual. The determination of the adequacy or
sufficiency of a showing of interest shall be made by the Board's agent.
<p> </p></td></tr><tr><td valign="top">2.4</td><td valign="top"><span style="text-decoration:underline;">Petitions to Amend Certification or to Clarify an Appropriate
Unit. </span><br>After a certification of representative has been issued, the Board
may entertain a petition to amend the certification or to clarify the unit
certified. A petition to amend certification shall be filed in accordance with
Rule 2.2(E) hereof and a petition for clarification shall be filed in accordance
with Rule 2.2(D) hereof. Such petitions shall be filed with the Board on forms
provided by the Board. The Board shall issue an order granting or dismissing any
such petition, either with or without a hearing thereon.
<p> </p></td></tr><tr><td valign="top">2.5</td><td valign="top"><span style="text-decoration:underline;">Contract Bar.</span><br>A memorandum of understanding which has
been properly executed by the authorized representative and the public employer
and approved by the City Council shall be a bar to an election for so much of
the term of the memorandum of understanding as does not exceed three (3) years.
Petitions for certification or decertification shall be filed during the time
period from September 1 to October 1 of the year immediately preceding the
expiration of said memorandum of understanding. A memorandum of understanding
entered into after a petition has been filed shall not be a bar to an election.
A petition for certification of an authorized representative will also be
entertained at any time during the term of a memorandum of understanding where
it is alleged and shown that the authorized representative is defunct or that a
schism has developed within the organizational structure of the authorized
representative so as to render the administration of the memorandum of
understanding impossible.<br>In the event the status of an employee organization
has been revoked, no petition shall be entertained for the certification of
another employee organization until such time as a petition would otherwise be
timely had the authorized representative's status not been revoked.
<p> </p></td></tr><tr><td valign="top">2.6</td><td valign="top"><span style="text-decoration:underline;">Where to File Petitions.</span><br>An original petition shall be
filed at the office of the Board on forms which shall be supplied by the Board.
<p> </p></td></tr><tr><td valign="top">2.7</td><td valign="top"><span style="text-decoration:underline;">Service of Petition.</span><br>When a petition is filed, the
Board's agent shall immediately cause a copy of such petition to be served on
all persons having an interest in the proceeding.
<p> </p></td></tr><tr><td valign="top">2.8</td><td valign="top"><span style="text-decoration:underline;">Eligibility of Employees.</span><br>
<ol><li type="A">Public employees eligible to support a petition shall be full-time
and regular part-time employees in the appropriate unit and those included by
determination of the Board.
</li><li type="A">Public employees not eligible to support a petition are those
excluded by Phoenix City Code, Section 2-210, (4), (9), (14), (15) and (19) and
Section 2-212, and those excluded by determination of the Board. </li></ol></td></tr><tr><td valign="top">2.9</td><td valign="top"><span style="text-decoration:underline;">List of Employees in Appropriate Unit.</span><br>Within ten (10)
days after the filing of a petition and service thereof, the public employer
shall furnish the Board with an alphabetical list of employees in the unit in
which an election is sought, including those employed as of the close of the pay
period immediately preceding the date the petition was filed. The Board's agent
shall be responsible for checking the adequacy of the showing of interest of the
petitioner and any intervenors. Should the public employer disagree with the
unit description set forth in the petition, the public employer shall designate
those employees which it would include or exclude in addition to the employees
described in the petition.
<p> </p></td></tr><tr><td valign="top">2.10</td><td valign="top"><span style="text-decoration:underline;">Pre-Election Conference.</span><br>Upon determining that the
petitioner has an adequate showing of interest in the unit sought to be
represented, the Board's agent shall issue notice of and shall conduct a
pre-election conference to be held with the public employer representative(s),
the petitioner and any intervenor having an adequate showing of interest. The
pre-election conference shall be held no sooner than nine (9) nor later than
twenty (20) days following the filing of the petition. If all parties agree upon
the time, date, and site(s) for an election, and the payroll closing date to be
used to determine employee eligibility, they may enter into a consent election
agreement. Voters whose eligibility may be in dispute shall be permitted to vote
a challenged ballot.
<p> </p></td></tr><tr><td valign="top">2.11</td><td valign="top"><span style="text-decoration:underline;">Approval of Consent Election Agreement.</span><br>All parties may
enter into an election agreement and file said agreement with the Board, but
such agreement shall not be submitted prior to the time and date of the
scheduled pre-election conference.<br>The consent agreement shall, by 5:00
o'clock p.m. on the first business day following the scheduled pre-election
conference, be submitted to the Board for approval. Prior to consideration of
the consent agreement by the Board, the Board's agent shall submit a
recommendation that the agreement be approved or disapproved.
<p> </p></td></tr><tr><td valign="top">2.12</td><td valign="top"><span style="text-decoration:underline;">Notice of Hearing.</span><br>If, on the first business day
following the scheduled pre-election conference, no consent agreement is filed
with the Board, or in the event said agreement is not approved by the Board, the
Board's agent shall issue and cause to be served upon all parties a notice of
hearing which shall fix the date, time, and place of hearing. Said hearing shall
be scheduled no sooner than seven (7) days nor later than ten (10) days after
the date of the issuance of the notice of hearing. Any request for continuance
of the hearing date must be filed at the office of the Board at least three (3)
working days prior to the date set for hearing. Upon good cause shown, the
Board, or any authorized member thereof, may continue the date set for
hearing.<br>Based upon the record and briefs, if any, of the parties, the Board
shall resolve any remaining issues concerning the election procedure.
<p> </p></td></tr><tr><td valign="top">2.13</td><td valign="top"><span style="text-decoration:underline;">Notice of Election.</span><br>The Board's agent shall prepare and
serve upon the parties the official notice of election which shall set forth the
time, date, place of election, the appropriate unit, voting eligibility
requirements, and a sample of the ballot to be used in the election. The public
employer shall post copies of the notice of election in places where copies of
notices to employees in the appropriate unit are normally posted for a period of
at least five (5) days prior to the election.
<p> </p></td></tr><tr><td valign="top">2.14</td><td valign="top"><span style="text-decoration:underline;">Election Procedures.</span><br>Elections shall be conducted by
such person(s) as may be designated by the Board. All elections shall be
conducted in the time period between fifteen (15) and thirty (30) days following
the issuance of an order by the Board directing an election or the approval of
an election agreement by the Board.<br>Within seven (7) days following the
approval of the election agreement or the issuance of an order by the Board
directing an election, the public employer shall furnish the Board with a list
of the names and addresses of all employees in the appropriate unit. The Board's
agent shall serve a copy of said list on all other parties to the
election.<br>The election shall be conducted by secret ballot at times and
places specified in the notice of election.<br>The ballots shall be prepared by
the Board's agent and shall remain in the possession of the Board's agent prior
to conducting the election. Ballots shall give employees an opportunity to vote
for any qualified employee organization seeking certification or for no employee
organization. The order in which choices appear on the ballot shall be
determined by agreement of the parties or by the Board's agent.<br>In a runoff
election, the order in which choices appear shall be determined by the sequence
appearing on the ballot at the prior inconclusive election.<br>Each party to the
election shall be entitled to be represented by an equal number of observers at
each polling place. The person(s) conducting the election on behalf of the Board
shall have the discretion to limit the number of observers any party may have at
any polling place.<br>Observers shall be employees eligible to vote. However, in
the case of the employer's observers, they shall not be supervisory employees
nor shall they be management personnel in the unit for which the election is
being conducted.<br>Prior to commencement of the election, the Board shall
designate the polling area and no electioneering shall be permitted within the
designated area. Any violation of this electioneering rule by any party or its
agent may be grounds for setting aside the election.
<p> </p></td></tr><tr><td valign="top">2.15</td><td valign="top"><span style="text-decoration:underline;">Voting Eligibility.</span><br>Employees eligible to vote in an
election shall be all full-time and regular part-time employees in the unit:
<ol><li type="A">During the payroll period immediately preceding the date of the order
directing an election or the approval of an election agreement, and remaining in
an employee status on the date of an election; and
</li><li type="A">Those employees included by determination of the Board. Employees not
eligible to vote in an election are those excluded by Phoenix City Code, Section
2-210(4), (9), (14), (15) and (19) and Section 2-212, and those excluded by
determination of the Board.
<ol></ol></li></ol></td></tr><tr><td valign="top">2.16</td><td valign="top"><span style="text-decoration:underline;">Challenged Ballots.</span><br>Any prospective voter may be
challenged for cause by any observer or by the person(s) conducting the election
on behalf of the Board, by filing with the Board a notice of challenge within
forty-eight (48) hours of the election. Any employee whose name does not appear
on the eligibility list shall be challenged by the person(s) conducting the
election on behalf of the Board. A challenge of an individual previously
determined by the Board to be eligible shall only be sustained upon presentation
of new or previously unavailable evidence which would support a determination
that the challenged voter is no longer eligible to vote.<br>
<ol>A challenged voter shall be permitted to vote, but the ballot of such voter
shall be sealed in a perforated envelope, the stub of which bears the name of
the voter, the voter's job title, the date of the election, the polling place,
the reason for challenge, and the name of the individual who challenged the
voter. The stubs shall be detachable. If it is subsequently determined that the
challenged ballot should be counted, the stub shall be removed in order to
destroy the Identity of the voter.<br>In all elections, a majority of the valid
votes cast shall determine whether or not an employee representative has been
designated. Immediately following the counting of the ballots, the Board's agent
shall complete and serve on all parties by hand delivery a tally of ballots. The
counting of the ballots shall be open to the public so long as there is no
interference with the process. No individual other than the one(s) designated by
the Board's agent shall be permitted to handle the ballots.
<p> </p></ol></td></tr><tr><td valign="top">2.17</td><td valign="top"><span style="text-decoration:underline;">Hearing on Challenged Ballots.</span><br>In the event that the
Board's agent determines that the challenged ballots would affect the outcome of
the election, the Board's agent shall issue a notice of hearing in accordance
with Article V of these Rules and Regulations to determine the challenged
ballots.<br>Prior to the hearing, the Board's agent shall hold a pre-hearing
conference, at which all parties shall attend, for the purpose of resolving any
challenges which by agreement between the parties can be resolved. If all
challenges are not resolved and the number of unresolved challenges is still
sufficient to affect the outcome of the election, the issue of the unresolved
challenged ballots shall go to hearing.
<p> </p></td></tr><tr><td valign="top">2.18</td><td valign="top"><span style="text-decoration:underline;">Objections to Conduct.</span><br>Any party may, within five (5)
days after service of the tally of ballots, file with the Board objections to
conduct affecting the results of the election, but said objections must be
accompanied by evidence which, if true, would warrant setting aside the
election. Such objections must be timely filed regardless of whether or not the
challenged ballots are sufficient in number to affect the result of the
election. A copy of such objections shall be served on all other parties to the
election.<br>Objections to a revised tally shall be filed within five (5) days
after service of the revised tally.
<p> </p></td></tr><tr><td valign="top">2.19</td><td valign="top"><span style="text-decoration:underline;">Hearing on Objections to Conduct.</span><br>The Board shall, at
its next regularly scheduled meeting, review the objections and supporting
evidence submitted pursuant to Rule 2.18 hereof. If the Board finds, based upon
the objections and supporting evidence, that the objections would not, if true,
be sufficient to warrant setting aside the election, the objections shall be
dismissed. If the Board determines that the objections and the evidence
submitted in support thereof, if true, would be sufficient to warrant setting
aside the election, the Board shall direct the Board's agent to issue a notice
of hearing in accordance with Article V of these Rules and Regulations.
<p> </p></td></tr><tr><td valign="top">2.20</td><td valign="top"><span style="text-decoration:underline;">Rerun and Runoff Elections.</span><br>In the event there are
three or more choices on the ballot in an election and none receives a majority
of the valid votes cast, the Board shall issue an order directing a runoff
election between the two choices receiving the highest number of votes. Such
runoff election shall be conducted no later than fifteen (15) days after the
direction of a runoff election.<br>The Board's agent shall furnish notice of a
rerun or run-off election in the same manner as with the original election. Any
such notice shall be posted in places where notices to employees were previously
posted. In the case of a rerun election, the Board's agent may include in the
notice a short statement specifying the reason(s) the election is being rerun.
<p> </p></td></tr><tr><td valign="top">2.21</td><td valign="top"><span style="text-decoration:underline;">Certification of Election Results.</span><br>The Board shall
issue a certification of the results of the election by issuing a certification
of representative if (1) no objections are filed; (2) challenged ballots, if
any, are insufficient to affect the results of the election; and (3) a rerun or
runoff election is unnecessary. Said certification shall be effective on the
date of issuance. </td></tr></tbody></table></div> | |
| ARTICLE III.. Proceedings Alleging A Violation Of Section 2-220 (Unfair Employee Relations Practices) or Section 2-221 (Prohibited Practices) Of The Phoenix City Code. | <div class="ExternalClass9113452697AB4610A93830A99811E875"><table class="body"><tbody><tr><td valign="top">3.1 </td><td valign="top"><span style="text-decoration:underline;">Generally.</span><br>A proceeding alleging a violation of Phoenix
City Code, Section 2-220 or Section 2-221, shall be instituted upon the filing
of a charge setting forth the alleged violation.
<p> </p></td></tr><tr><td valign="top">3.2</td><td valign="top"><span style="text-decoration:underline;">Who May File; Time for Filing; Service of Charge.</span><br>Any
public employee, authorized representative, or the public employer may file a
charge alleging a violation of Phoenix City Code, Section 2-220 or Section
2-221. Such charge shall be filed with the Board on forms provided by the Board
within six months after the occurrence of the act or conduct upon which such
charge is founded. Upon filing of a charge, the Board shall cause a copy to be
served upon the charged party.
<p> </p></td></tr><tr><td valign="top">3.3</td><td valign="top"><span style="text-decoration:underline;">Charge and Declaration.</span><br>The charge shall be signed by
the charging party or the charging party's representative, if any, and shall
contain a declaration that the charging party has read the statements contained
therein and that its contents are true and correct to the best of the charging
party's knowledge and belief. The charge shall contain:
<ol><li type="A">The name, address, telephone number and affiliation, if any, of the
charging party;
</li><li type="A">The name, address, telephone number and affiliation, if any, of the
charged party;
</li><li type="A">A clear and complete statement of the facts supporting the alleged
violation(s) of the ordinance, including dates, times, and places of occurrence
of each particular act alleged, and the section(s) of the ordinance alleged to
have been violated;
</li><li type="A">A statement of the relief sought by the charging party, provided that
the statement shall not limit the Board's ability to award relief based on the
record; and
</li><li type="A">A statement by the charging party that the charge does not involve
disciplinary action taken by the City where such action was the subject of a
matter timely filed under the City's Civil Service System.
</li><li type="A">The charge shall also be accompanied by an affidavit of the charging
party, presenting facts, if proven true, would constitute a basis upon which the
Board could reasonably find that the ordinance has been violated.
</li></ol></td></tr><tr><td valign="top">3.4</td><td valign="top"><span style="text-decoration:underline;">Informal Resolution of Charge.</span><br>Any charge filed
pursuant to Rules 3.1 and 3.2 hereof shall be reviewed in good faith in joint
discussion by the parties involved, and informal attempts to resolve the matter
shall be made by the parties, including mediation efforts conducted by the
Federal Mediation and Conciliation Service, or otherwise, which shall be
initiated by the Board within 14 days after the charge is filed. If such
informal attempts are unsuccessful in disposing of the matter within thirty (30)
days from the date the charge is filed, the matter shall be further processed by
the Board.
<p>Discussions in mediation sessions shall be confidential among the parties,
their representatives and the mediator, and shall be inadmissible in any
proceeding under the ordinance, any grievance proceeding, in a Civil Service
Board proceeding, and cannot otherwise be disclosed unless required by law.
</p><p> </p></td></tr><tr><td valign="top">3.5</td><td valign="top"><span style="text-decoration:underline;">Response to Charge.</span><br>The charged party shall file a
response within thirty-five (35) days after the charge has been served on the
charged party unless, prior to the date a response is due, an informal
resolution of the charge is accomplished pursuant to Rule 3.4 hereof, and
written notification signed by the parties and their representatives, if any, is
filed with the Board. Such response shall fairly meet each unresolved allegation
contained in the charge, and shall include a specific admission or denial to
each such allegation; provided, however, if the charged party is without
sufficient information to admit or deny any specific allegation, the charged
party shall so state in the response. The response may contain affirmative
defenses.
<p>In the event the charged party fails to file a timely response in accordance
with these Rules and Regulations, the Board may, in its discretion, deem the
allegations contained in the charge to be true and enter an appropriate order.
</p><p> </p></td></tr><tr><td valign="top">3.6</td><td valign="top"><span style="text-decoration:underline;">Charge Affecting Discharged Employee Seeking
Reinstatement.</span><br>Any charge alleging the discriminatory discharge or an
employee where the remedy sought is reinstatement shall be accompanied by an
affidavit of the affected employee, presenting facts which, if proven true,
would constitute a basis upon which the Board could reasonably find that the
Ordinance has been violated.
<p>Notwithstanding Rules 3.4 and 3.5 hereof, any charge alleging the
discriminatory discharge of an employee or the causing of the employer to
discriminatorily discharge an employee shall be placed on the agenda of the
Board's next regularly scheduled meeting held not less than three (3) days after
the charge is filed. If the Board determines that the charge has been properly
filed in accordance with Rules 3.2 and 3.3 hereof, and further determines that
the charge is accompanied by an affidavit of the affected employee, presenting
facts which, if proven true, would constitute a basis to reasonably find that
the Ordinance has been violated, then the Board shall direct its agent to issue
and serve a notice of hearing in accordance with Rule 3.10 hereof. The charged
party shall file a response to such a charge within ten (10) days from the date
the notice of hearing is issued.
</p><p> </p></td></tr><tr><td valign="top">3.7</td><td valign="top"><span style="text-decoration:underline;">Motion to Dismiss Charge.</span><br>The charged party may, in
lieu of, or in addition to, a response to the charge, file a motion to dismiss
the charge on the basis that the Board does not have subject matter jurisdiction
and/or the affidavit accompanying the charge fails to present sufficient facts
which, if proven true, would constitute a basis upon which the Board could
reasonably find that the Ordinance has been violated. A response, if any, to a
motion to dismiss shall be filed and served within ten (10) days after service
of the motion or at such other time as directed by the Board. If the Board
denies the motion, the Board shall direct its agent to issue and serve a notice
of hearing in accordance with Rule 3.10 hereof, and the charged party shall, if
it has not already done so, file a response to the charge within ten (10) days
from the date the notice of hearing is issued.
<p> </p></td></tr><tr><td valign="top">3.8</td><td valign="top"><span style="text-decoration:underline;">Amendment to Charge.</span><br>At any time within thirty (30)
days after filing a charge, the charging party may file an amended charge with
the Board and serve a copy thereof upon the charged party. The charged party
shall file a response to an amended charge within the time remaining for
responding to the original charge or within five (5) days after service of the
amended charge, whichever period may be the longer, unless the Board otherwise
orders.<br>Except as provided herein, a charge may not be amended without
approval of the Board and a determination by the Board that the charged party
will not be unfairly prejudiced thereby.
<p> </p></td></tr><tr><td valign="top">3.9</td><td valign="top"><span style="text-decoration:underline;">Withdrawal of Charge; Voluntary Adjustment of Charge.</span><br>
<ol><li type="A"><span style="text-decoration:underline;">Voluntary Withdrawal of Charge.</span><br>The charging party may
voluntarily withdraw a charge by filing a notice of withdrawal of charge at any
time prior to the filing of a response to the charge by one or more of the
charged parties. Following the filing of a response to the charge by one or more
of the charged parties, the charge may be withdrawn only with the consent of the
Board. Requests to withdraw a charge shall be filed with the Board and shall be
heard and determined by the Board at its next regularly scheduled meeting.
</li><li type="A"><span style="text-decoration:underline;">Voluntary Adjustment of Charge.</span><br>
<ol>
<li type="1"><span style="text-decoration:underline;">Agreement Between All Parties.</span><br>The Board encourages
voluntary adjustment of a dispute which gives rise to the filing of a charge
with the Board. To that end, parties to a dispute may enter into a voluntary
adjustment of a dispute which provides the basis for the entry of a consent
order by the Board. Such voluntary adjustment shall be signed by all parties and
shall be filed with the Board.<br>
<p>At its next regularly scheduled meeting, the Board shall meet to consider the
terms of the proposed adjustment and decide whether to approve the voluntary
adjustment. Upon approval of a voluntary adjustment, a consent order shall be
issued by the Board and served on the parties.<br>
</p><p>Immediately after service of the consent order, the parties shall comply with
the terms and conditions of the order of the Board. Upon completion of
compliance with the terms and conditions, the parties shall so notify the Board,
and the proceedings on the charge shall be closed.<br>
</p><p>If the terms and conditions of the consent order are not being met, the
aggrieved party may file with the Board a complaint, together with evidence in
support of the alleged noncompliance. If the Board determines that there has
been noncompliance with the terms of a voluntary adjustment, it may revoke its
consent order and direct its agent to issue a notice of hearing on the original
charge.
</p><p> </p></li><li type="1"><span style="text-decoration:underline;">Unilateral Agreement.</span><br>The Board may approve a voluntary
adjustment of a dispute executed only by the charged party if it determines that
said adjustment effectuates the policies of the ordinance. The Board's agent
shall serve a copy of the proposed adjustment on all interested parties. Any
interested party shall have five (5) days within which to file objections to the
entry of a consent order of the Board pursuant to the proposed voluntary
adjustment. If the Board determines that the objections are not meritorious, it
may enter and serve on the parties a consent order. If the Board determines that
the objections are meritorious, it shall not enter a consent order.
<p> </p></li><li type="1"><span style="text-decoration:underline;">Effect of Voluntary Adjustment Filed After Issuance of Notice of
Hearing.</span><br>The Board's agent, upon receipt of a voluntary adjustment after
the issuance of a notice of hearing, shall issue and serve upon the parties an
order postponing said hearing pending consideration of and ruling on the
proposed voluntary adjustment by the Board.
<p> </p><ol></ol></li></ol></li></ol></td></tr><tr><td valign="top">3.10</td><td valign="top"><span style="text-decoration:underline;">Notice of Hearing, Prehearing Scheduling Conference and
Prehearing Statement.</span><br>When the Board has ordered that part or all of the
charge be heard, the Board's agent shall appoint a hearing officer and cause a
notice of hearing to be issued and served upon the parties and their
representatives, if any. The notice of hearing shall state the time, date, and
place of hearing, along with the name of the hearing officer, if one is
appointed. The hearing shall be scheduled no sooner than twenty-one (21) days
from the date of service of the notice of hearing upon the charged party.
<p>A party, within seven (7) days from the date the notice of hearing is issued,
may file a request with the Board for a change of hearing officer. The request
shall be accompanied by an affidavit stating facts supporting a party's claim
that, on account of the bias, prejudice, or interest of the assigned hearing
officer, he cannot obtain a fair and impartial hearing. the Board shall consider
and rule on the request at its next regularly held meeting
</p><p>The hearing officer shall hold a prehearing scheduling conference within
twenty (20) days of service of the notice of hearing. The conference may be
conducted telephonically. Items to be discussed at the conference may include:
Length of the hearing, specification of claims, exchange of documents,
stipulation of uncontested facts, number of witnesses expected to be used,
advance filing of exhibits, and any other matters the parties may wish to
discuss.
</p><p>Not later than ten (10) days prior to the date of the hearing, the parties
shall file with the Board, and shall provide a copy thereof to the hearing
officer, a jointly prepared statement containing: (1) the name of each party
and, if represented, the name, address and telephone number of such
representative; (2) the names and addresses of all witnesses each party intends
to call and a concise summary of the anticipated testimony of such witnesses;
(3) a list of exhibits each party intends to introduce, along with a statement
that all listed exhibits have been made available to the other party; and (4) a
statement of all facts to which the parties have stipulated as being true.
</p></td></tr><tr><td valign="top">3.11</td><td valign="top"><span style="text-decoration:underline;">Priority of Cases.</span><br>Unless otherwise ordered by the
Board, a charge shall be accorded priority on the basis of the date of filing;
provided, however, that any charge which alleges unlawful picketing or striking
by an employee organization, authorized representative or employee, or alleges a
refusal by the public employer to enter into mediation or fact finding, shall be
accorded priority over all other charges pending before the Board. Provided
further, that a charge alleging the discriminatory discharge of an employee or
the causing of an employer to discriminatorily discharge an employee shall be
accorded priority over all other cases except those alleging unlawful striking
or picketing. </td></tr></tbody></table></div> | |
| ARTICLE IV... Compliance With And Violations Of Section 2-216 (Qualifications Of Employee Organizations) Of The Phoenix City Code. | <div class="ExternalClassAD7CACA3DE0643708C6C4E1F4AA82336">
<table class="body"><tbody><tr><td valign="top">4.1 </td><td valign="top"><span style="text-decoration:underline;">Compliance with Section 2-216(A) and (B) of the Phoenix City
Code.</span><br>An employee organization seeking recognition shall file, upon
demand by the Board's agent, those documents required to comply with Phoenix
City Code, Section 2-216(A). In addition, such employee organization shall file,
in accordance with Phoenix City Code, Section 2-216(B), a sworn statement that
the employee organization has established and will maintain standards providing
for election of its local officers at least every three (3) years, along with an
annual financial statement in substantial compliance with 29 U.S.C. §431(b)
reflecting the financial condition of the organization for a period ending
within the last calendar year prior to the date of filing. In the event the
employee organization has not existed for a period of at least one (1) year, the
employee organization shall file a financial statement within ninety (90) days
after the completion of its first fiscal or calendar year. If such employee
organization is other than a local organization, both the organization seeking
recognition and its local affiliate shall comply with the foregoing
requirements. Failure of the organization to comply prior to the pre-election
conference shall act as a bar to its being on the ballot in that election.
<p> </p></td></tr><tr><td valign="top">4.2</td><td valign="top"><span style="text-decoration:underline;">Compliance with Section 2-216(B) of the Phoenix City Code by
Authorized Representatives.</span><br>All authorized representatives shall file
with the Board on or before the 30th day of June of each year: (1) a sworn
statement by an officer of the representative that such representative maintains
standards providing for a secret ballot election of its local officers at least
every three (3) years; and (2) a financial statement in substantial compliance
with 29 U.S.C. §431(b). Such statement shall reflect the financial condition of
the representative for a period ending within the calendar year prior to the
date of filing.
<p> </p></td></tr><tr><td valign="top">4.3</td><td valign="top"><span style="text-decoration:underline;">Change of Information.</span><br>When any of the information
supplied pursuant to Phoenix City Code, Section 2-216(A) or (B), is changed, the
Board shall be notified of the nature of the change in writing within thirty
(30) days of the effective date of such change.
<p> </p></td></tr><tr><td valign="top">4.4</td><td valign="top"><span style="text-decoration:underline;">Violation of Section 2-216(B) of the Phoenix City Code and
Hearing.</span><br>If an authorized representative has failed to comply with either
Rule 4.2 of Rule 4.3 of these Rules and Regulations, the Board's agent shall
issue a notice of hearing concerning the alleged violation. The hearing shall be
held before the Board within thirty (30) days after the issuance of the notice
of hearing.
<p> </p></td></tr><tr><td valign="top">4.5</td><td valign="top"><span style="text-decoration:underline;">Violation of Section 2-216(C) of the Phoenix City Code and
Hearing.</span><br>Any aggrieved person may file with the Board an allegation of a
violation of Phoenix City Code, Section 2-216(C), on forms provided by the
Board. If such an allegation is filed, the Board's agent shall issue a notice of
hearing concerning the alleged violation. The hearing shall be held before the
Board within thirty (30) days after the issuance of the notice of hearing.
<p> </p></td></tr><tr><td valign="top">4.6</td><td valign="top"><span style="text-decoration:underline;">Remedies.</span><br>If, after the hearing, an employee
organization is found to be in violation of Phoenix City Code, Section 2-216(B)
or Section 2-216(C), the Board shall issue an order requiring compliance
consistent with the provisions of the ordinance. The failure of the employee
organization to comply with such an order shall prevent it from being certified
as an authorized representative or from continuing in that capacity until such
time as compliance occurs. </td></tr></tbody></table></div> | |
| ARTICLE V.... Rules Governing Hearings. | <div class="ExternalClass2766AE0A5E9642238C8CF8960A40799F">
<table class="body"><tbody><tr><td valign="top">5.1 </td><td valign="top"><span style="text-decoration:underline;">Setting of Hearing.</span><br>On any matter ordered to be heard
pursuant to these Rules and Regulations, the Board's agent shall issue and serve
upon the parties a notice of hearing. The notice of hearing shall state, in
addition to any other requirement contained in these Rules and Regulations, the
time, date and place of the hearing and that the matter shall be heard before
the Board or before a hearing officer designated by the Board.<br>Any notice of
hearing may be withdrawn or amended prior to the beginning of the hearing; and,
where appropriate, the Board may cause cases pending before it to be
consolidated. A hearing shall commence at the date and time specified in the
notice of hearing and shall continue on consecutive business days thereafter or
at such other times as set by the Board or hearing officer until the hearing has
concluded.<br>Postponement of a hearing shall be granted only upon written
application by a party desiring such postponement and for good cause shown. Any
application for postponement of a hearing shall be filed with the Board or
hearing officer, as the case may be, not less than seven (7) days prior to the
scheduled hearing and shall set forth the position of each of the other parties
involved in the proceeding with respect to such postponement.
<p> </p></td></tr><tr><td valign="top">5.2</td><td valign="top"><span style="text-decoration:underline;">Motions.</span><br>Any Motion, including a motion to continue or
reset the hearing, and any response thereto, unless made during a hearing, shall
be made in writing, shall be filed with the Board, and shall be provided to all
parties and the hearing officer. Each Motion and response thereto shall contain
a certificate of service. A Motion shall briefly state the relief sought and may
be accompanied by such other documentation as the party deems appropriate. A
response to a Motion shall be filed and served within ten (10) days after
service of the Motion or at such other time as directed by the hearing officer
or the Board. Except for a motion filed pursuant to Rule 3.7 of these Rules,
which shall be determined by the Board, any Motion filed after the assignment of
a hearing officer and before the matter has been transferred back to the Board
shall be determined by the hearing officer. A Motion filed at any other time
shall be heard by the Board. Oral argument shall be at the discretion of the
Board or hearing officer, as the case may be, who shall notify the parties of
the date, time, and place of oral argument. The hearing officer may conduct oral
argument on any motion telephonically. Any Motion made during the course of a
hearing and a ruling thereon shall be part of the record.
<p> </p></td></tr><tr><td valign="top">5.3</td><td valign="top"><span style="text-decoration:underline;">Issuance of Subpoenas.</span><br>The assigned hearing officer or
any Board member or any authorized member thereof shall, upon written
application of any party, issue subpoenae requiring the attendance and testimony
of witnesses and the production of any evidence, including books, records,
correspondence or documents in their possession or under their control. An
application for a subpoena may be made ex parte. The subpoena shall show on its
face the name and address of the party at whose request it was issued.<br>
<p>Any person served with a subpoena, whether ad testificandum or duces tecum,
who does not intend to comply with the subpoena, shall, prior to the time fixed
in the subpoena for appearance by the witness, petition the Board or hearing
officer, as the case may be, in writing, to quash the subpoena. A petition to
quash a subpoena shall be served on the party at whose request the subpoena was
issued. A petition to quash a subpoena, a response filed thereto, and the ruling
thereon shall not become a part of the official record except upon request of
the party aggrieved by the ruling.<br>
</p><p>A subpoena may be served by any person who is not less than eighteen years of
age. Service of a subpoena upon a person named therein shall be made by
delivering a copy thereof to such person. Witness fees and mileage shall be paid
by the party at whose request the witness is subpoenaed. The amount paid to a
subpoenaed witness shall be the same amount paid to a witness subpoenaed in
proceedings before the Superior Court of the State of Arizona. Proof of service
of a subpoena shall be made by filing with the Board's agent a statement of the
date and manner of service and of the name(s) of the person(s) served, certified
by the person who made the service, along with the original of the issued
subpoena.
</p><p>If a person fails to comply with a subpoena, the Board may seek compliance by
initiating proceedings authorized by Section 12-2212 of the Arizona Revised
Statutes.
</p><p> </p></td></tr><tr><td valign="top">5.4</td><td valign="top"><span style="text-decoration:underline;">Recordation of Proceedings.</span><br>Any hearing before the
Board or a hearing officer shall be electronically recorded by the Board's
agent, and the recording and, if transcribed, the transcript thereof shall
become part of the record. Any party or the Board may independently arrange for
the presence of a reporter at any hearing and such party or the Board, if it
shall have arranged for the presence of a reporter, shall pay the cost thereof.
If a reporter is present at a hearing, any party or the Board may independently
order a transcript directly from the reporter and bear the expense thereof.
<p> </p></td></tr><tr><td valign="top">5.5</td><td valign="top"><span style="text-decoration:underline;">Introduction of Evidence; Rights of Parties at Hearings;
Hearings; Evidence; and Prehearing Discovery</span><br>A hearing may be conducted
in an informal manner and without adherence to the Rules of Evidence required in
judicial proceedings. Irrelevant, immaterial or unduly repetitious evidence
shall be excluded. <br>
<p>Any party shall have the right to appear at any hearing in person, by
counsel, or by other representative. All parties, the Board, or its hearing
officer shall have the power to call and examine witnesses and to introduce
documentary and other evidence; provided, however, that a party filing a charge
or a party objecting to the conduct of an election shall have the burden of
establishing a <span style="text-decoration:underline;">prima facie</span> case upon which relief may be granted by the
Board. A party shall, upon offering an exhibit into evidence at a hearing,
simultaneously furnish copies of such exhibit to the other parties to the
proceeding unless such other parties have already received a copy of the
exhibit, or unless excused by the Board or its hearing officer.<br>
</p><p>Witnesses shall be examined under oath. Stipulations of fact may be
introduced in evidence with respect to any issue. When the Board is conducting a
hearing in which the Board is receiving the testimony of witnesses, the Chairman
shall rule on all objections to the introduction of evidence and that ruling
shall be final and binding on the other members of the Board.<br>
</p><p>The refusal of a witness at any hearing to answer any question which has been
ruled proper shall be noted in the record and such refusal may be considered in
weighing the testimony of such witness, or may be grounds, if requested by any
party, for striking all the testimony of that particular witness. Closing
arguments, if any, shall be presented at the conclusion of the hearing. Any
legal authority which a party wants the Board or hearing officer, as the case
may be, to consider shall be put in the form of a legal memorandum and shall be
filed prior to or at the close of the hearing, or at such other time as ordered
by the Board or hearing officer.<br>
</p><p>On application of a party and for use as evidence, the hearing officer, if
the matter has been assigned to a hearing officer, or any Board member, if the
matter has been retained by the Board, may permit a deposition to be taken of a
witness who cannot be subpoenaed or is unable to attend the hearing. Prehearing
depositions and subpoenae for the production of documents may be ordered by the
hearing officer, if the matter has been assigned to a hearing officer, or any
Board member, if the matter has been retained by the Board, provided that the
party seeking such discovery demonstrates that the party has reasonable need of
the deposition testimony or materials being sought.
</p><p> </p></td></tr><tr><td valign="top">5.6</td><td valign="top"><span style="text-decoration:underline;">Report and Recommendation of Hearing Officer.</span><br>A Hearing
shall be deemed closed upon the conclusion of closing arguments. The hearing
officer may direct the parties to submit closing briefs or to brief specific
issues. Within sixty (60) days from the close of hearing or receipt of the
requested briefs, whichever is later, the hearing officer shall issue and file
with the Board a written report which shall include findings of fact,
conclusions of law, and a recommended order, and the Board's agent shall cause a
copy thereof to be served upon all parties to the proceedings. When the hearing
officer's report and recommendation is filed, the matter shall be deemed
transferred to the Board for all further proceedings. Within twenty (20) days
after the service of the hearing officer's report and recommendation, any party
aggrieved thereby may file, at the office of the Board, exceptions accompanied
by a statement in support of each exception. A copy of the exceptions shall be
served on all other parties to the proceeding and a certificate of service shall
be filed with the Board. Within twenty (20) days after the filing of the
exceptions with the Board, any other party may file, at the office of the Board,
a response to the exceptions and any cross-exceptions accompanied by a statement
in support of the response and each cross-exception. A copy of the response and
cross-exceptions shall be served on all other parties to the proceeding and a
certificate of service shall be filed with the Board.<br>
<p>After the last date on which any exceptions, response to exceptions and/or
cross-exceptions may be filed, the Board shall, at its next regularly scheduled
meeting, hear oral argument of the parties, consider the entire record in the
matter, together with the report and recommendation of the hearing officer, any
exceptions, cross-exceptions and responses thereto, and shall adopt, reject or
modify the report and recommendation, or take any other action it deems
appropriate, including remanding the matter to the hearing officer or any other
hearing officer for further consideration.
</p><p> </p></td></tr><tr><td valign="top">5.7</td><td valign="top"><span style="text-decoration:underline;">The Record.</span><br>The record in any matter shall consist of
the pleadings, the notice of hearing, motions, responses to motions, rulings,
orders, the recording of the proceedings, the transcript, if one is prepared, of
any hearing before a hearing officer or the Board, stipulations, exhibits,
exceptions and cross-exceptions.
<p> </p></td></tr><tr><td valign="top">5.8</td><td valign="top"><span style="text-decoration:underline;">Motion for Rehearing or Reconsideration of a Board
Order.</span><br>Within five (5) days after the issuance of an order or decision of
the Board, any party may file and serve upon all other parties a Motion for
rehearing or reconsideration of the matter setting forth in the Motion the
specific grounds therefore. The Motion shall be filed with the Board and copies
served on all other parties. Any other party may file a written response to a
Motion for rehearing or reconsideration within five (5) days after service of
the Motion. The response shall be filed with the Board and served upon all other
parties.<br>
<p>When a Motion for rehearing or reconsideration is filed, the Board may allow
oral argument at the time said Motion is considered. Thereafter, the Board
shall, in writing, affirm, modify, or set aside its previous decision and order.
Failure to file a Motion for rehearing or reconsideration shall not be deemed to
be failure of a party to exhaust its administrative remedies.
</p><p> </p></td></tr><tr><td valign="top">5.9</td><td valign="top"><span style="text-decoration:underline;">Misconduct at Board Hearings</span><br>Misconduct at any Board
hearing shall be grounds for summary exclusion from the hearing. As used herein,
"misconduct" means conduct which disrupts or interferes with the orderly
administration of the proceedings under the ordinance or conduct which manifests
a disregard of a lawful order or ruling of the Board or its hearing officer.
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