A. Except for retirement programs provided under the Public Employment Retirement Act, and/or International City Manager’s Association, the parties shall bargain in good faith on wages, hours, and other terms and conditions of employment and other issues agreed to by the parties. The parties shall enter into a written agreement covering employment relations regarding the issues agreed to in collective bargaining.
B. Bargaining in good faith shall not require either party to agree to a proposal or to make a concession.
C. The obligation to bargain collectively imposed by the labor management relations ordinance shall not be construed as authorizing employers and exclusive representatives to enter into any agreement that is in conflict with state statutes or federal statutes. In the event of conflict between the provision of any federal or state statutes and any agreement entered into by the employer and the exclusive representative, the former shall prevail.
D. Payroll deduction of the exclusive representatives’ membership dues shall be a mandatory subject of bargaining if either party chooses to negotiate the issue. The amount of dues shall be certified in writing by an official of the labor organization and shall not include special assessments, penalties, or fines of any type levied by the exclusive representative. During the time that a board certification is in effect for a particular exclusive representative, the employer shall not deduct dues for any other labor organization from members of the same bargaining unit.
E. Fair share is a permissive subject of bargaining.
F. Any agreement or impasse resolution by the employer and an exclusive representative that requires the expenditure of funds shall be contingent upon the specific appropriation of funds by the governing body and the availability of funds to fund the agreed upon provision. An arbitrator’s decision shall not require the reappropriation of funds.
G. The parties have a requirement that a grievance procedure culminating with final and binding arbitration be negotiated. This applies only to grievances and the interpretation and application of the agreement between the parties and does not apply to negotiation impasses. The parties shall share the cost of any proceedings conducted pursuant to this subsection. Each party is responsible for paying any cost related to its witnesses and representation. (Ord. 1784-2004 §2(part), 2004: Ord. 1776-2004 §3(part), 2004).