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HomeMy WebLinkAbout2008-034-03/18/2008-EXPRESSING THE CITY COUNCILS OPPOSITION TO A PROPOSED CHARTER AMENDMENT PERTAINING TO COLLECTIVE BAR RESOLUTION 2008-034 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING THE CITY COUNCIL'S OPPOSITION TO A PROPOSED CHARTER AMENDMENT PERTAINING TO COLLECTIVE BARGAINING AND BINDING ARBITRATION WHEREAS, on March 11, 2008, through the adoption of Resolution 2008-026, the City Council has submitted to the registered electors of the City at a special municipal election to be held on Tuesday,June 10, 2008, a proposed citizen-initiated amendment to the City Charter that would grant certain City employees the right to organize and bargain collectively with the City through a certified "employee organization" (the "Charter Amendment"); and WHEREAS, Chapter 2, Article VIII, Division 7 of the City Code already contains a system of collective bargaining for police employees; and WHEREAS, there are significant differences between the existing system of collective bargaining contained in the City Code and the system of collective bargaining and binding arbitration that would be established by the Charter Amendment; and WHEREAS,most notably, the Charter Amendment would give a third party arbitrator,who is not answerable to the citizens of Fort Collins,the responsibility and the authority to make final and binding decisions on compensation, benefits and working conditions for the bargaining unit employees of the City; and WHEREAS, the Charter Amendment contains provisions that are inconsistent and ambiguous and likely to lead to immediate arbitration or litigation, as illustrated in the following examples: a. It is not clear which employees of the City may organize into bargaining units. The Petition Summary states that"all classified, Fair Labor Standards Act(FLSA) non- exempt employees"will have the right to organize.The Statement of Policy(Section 1.1 of the Charter Amendment)states that"all classified non-exempt employees and non-supervisory employees" are accorded the right to organize. The Definitions section (Section 1.2 of the Charter Amendment) states that "all non-exempt employees employed within a particular department" may be in bargaining units. Each of these three provisions sets forth a significantly different universe of eligible employees. b. The terms "benefits," "working conditions," and "terms and conditions of employment" are not defined, but are crucial in determining the rights and obligations of the parties. C. Section 1.5(c)of the Charter Amendment prohibits the City from expending any City funds or resources on any"question"related to union representation or selection,yet the term"question"is not defined and could conceivably be interpreted to prevent the questioning of any issue related to union activities; and WHEREAS,the Charter Amendment would not allow for any reduction or other change in compensation, benefits,hours, working conditions and other terms and conditions of employment currently extended to the members of a bargaining unit unless agreed to by the employee organization;consequently,the City would be unable to effectively manage the most basic of work conditions or contain the escalating costs of employee benefits by making changes as may be necessary for a particular group of employees or for all City employees; and WHEREAS, under the Charter Amendment, the salaries and benefits of comparable cities around the nation would have to be used for establishing the compensation and benefits of members of the bargaining units; and WHEREAS, this system of comparison would be inconsistent with the City's efforts to determine, for each job category,the appropriate market for comparing compensation and benefits and would likely result in significant disparities between the compensation and benefits of employees who were members of bargaining units and those who were not; and WHEREAS,the Charter Amendment would divert limited taxpayer funds and City resources to supporting a collective bargaining system that will not be responsive to the needs of the community, will be cumbersome and expensive to administer, and will not foster a cooperative relationship between management and employees; and WHEREAS, the Charter Amendment goes far beyond the rights recently granted to state employees by Governor Ritter in that, as mentioned above, it would impose mandatory, binding arbitration in the event of impasse between the union and the City's management and elected officials with regard to contract terms and conditions; and WHEREAS, for the foregoing reasons City Council strongly believes that the Charter Amendment is contrary to the interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that the Council hereby expresses its strong opposition to the Charter Amendment and encourages the voters of the City to vote against this ballot measure. 2 Passed and adopted at a regular meeting of the Co i the City of Fort Co . s this 18th day of March A.D. 2008. May ATTEST: 4�.)� City Clerk -3-