A. The board shall promulgate rules and regulations necessary to accomplish and perform its functions and duties as established in the labor management relations ordinance, including the establishment of procedures for:
1. The designation of appropriate bargaining units;
2. The selection, certification, and decertification of exclusive representatives; and
3. The filing, hearing, and determination of complaints of prohibited practices. This does not apply to negotiation impasse or grievances subject to the required negotiated grievance process.
B. The board shall:
1. Hold hearings and make inquiries necessary to carry out its functions and duties;
2. Request from employers and labor organizations the information and data necessary to carry out the functions and responsibilities of the board.
C. The board may issue subpoenas requiring, upon reasonable notice, the attendance and testimony of witnesses and the production of any evidence, including books, records, correspondence, or documents relevant to the matter in question. The board may prescribe the form of the subpoena, but it shall adhere insofar as practicable to the form used in civil actions in the district court. The board may administer oaths and affirmations, examine witnesses, and receive evidence. Subject to the approval of funds, the board may contract with a third party to assist it in carrying out its functions.
D. The board shall decide all issues by majority vote and shall issue its decisions in the form of written orders and opinions. The decisions of the board on interpretation and applications of the ordinance are final and binding on the parties subject to the appeal process provided in Section 2.94.200 of this chapter. The board’s hearing authority does not apply to negotiation impasses or issues dealing with the collective bargaining agreement where a grievance procedure has been negotiated for that purpose by the parties.
E. The board has the power to enforce provisions of the city of Clovis labor management relations ordinance and the board’s labor management relations rules and regulations through the imposition of appropriate administrative remedies.
F. The board shall have no power to promulgate policy other than for its own operation.
G. No rule or regulation promulgated by the board shall require, directly or indirectly, as a condition of continuous employment, any employee covered by the labor management relations ordinance to pay money to any labor organization that is certified as an exclusive representative. This issue of fair share shall be permissive as opposed to a mandatory subject of bargaining between the employer and the exclusive representative. (Ord. 1776-2004 §3(part), 2004).