Executive Summary of Revisions to Draft Collective Bargaining Ordinance No. Description of Change Relevant Sections 1 Revised definition of Administratively Acceptable Moved from Sec. 19-210 to Sec. 19-202 Evidence to expand the timeline for signature collection to include signatures received subsequent to a previously conducted election and to allow employees the ability to revoke their signatures; moved language to the Definitions section of the ordinance. 2 Revised definition of Confidential Employee to more Sec. 19-202 closely align with definitions used by other Virginia jurisdictions with collective bargaining 3 Revised definition of Temporary Employee and Sec. 19-202 Seasonal Employee to better align with revised City personnel policies 4 Addition of certain benefits as authorized subjects of Sec. 19-203(a)(3) (outlining negotiable benefits) collective bargaining, including employer insurance contribution rates, premium cost sharing, deductibles, Sec. 19-203(c)(2), (3) (outlining non-negotiable benefits) and co-payments. Insurance plan structure and plan providers remain non-negotiable. Sec. 19-202 (adding definition of “Insurance benefit options”) 5 Permitting the inclusion of probationary employees Sec. 19-202 (removing probationary employees from in a bargaining unit while retaining the ability to exclusions in definition of “employee”) terminate and discipline probationary employees Sec. 19-203(b) (excluding probationary employees from prospective disciplinary grievance procedures) Sec. 19-203(c)(6) (retaining for the City the right to terminate and discipline probationary employees) 1 6 Adding language expressly permitting the negotiation Sec. 19-203(b) of a grievance procedure, and describing requirements for negotiated grievance procedures, including the possibility of arbitration 7 Revised language to clarify certain illegal subjects of Sec. 19-203(c)(4) bargaining 8 Defined three additional bargaining units (Labor and Sec. 19-204 Trades, Administrative and Technical, and Sec. 19-202 (adding conforming definitions) Professional). Permits any three of the six available bargaining units to be certified in the first year of the ordinance, while staggering the introduction of the last three units over three additional years. 9 Expanded the obligation for the City to meet and Sec. 19-204(d) confer to supervisory employees in all bargaining units 10 Added employee right to request a union Sec. 19-205(b) representative when an investigatory interview with City management may lead to the employee’s discipline 11 Added an employee right to use the City’s Sec. 19-205(c) communication systems for union business, subject to the understanding that such communications may not be private and could be accessed or disclosed for valid business reasons, such as in litigation 12 Added a right for employee organizations to meet in Sec. 19-205(d) designated areas on City premises while the employees are off-duty 13 Added clarifying language regarding permissive Sec. 19-206(a) subjects of bargaining 14 Addition of language clarifying the scope of judicial Sec. 19-209(b) review of the administrator’s decisions to include a 2 decision that “manifestly disregarded applicable law.” 15 Changed the bargaining unit election procedure so Sec. 19-210(a) that costs of the election are split between the prospective unions and the City 16 Clarified language regarding the procedure for Sec. 19-210 certifying a bargaining unit, including adding an explicit procedure for runoff elections 17 Expanded the amount of time available for Sec. 19-211 employees to move to decertify a bargaining unit and clarified the timeline for a successful election to decertify 18 Provided for the exclusive representative to have the Sec. 19-212(a)(3) right to receive a quarterly list of bargaining unit employees upon request 19 Reorganized sections to collect and clarify Sec. 19-212 (removing information regarding the initiation procedures for reaching a negotiated collective of negotiations) bargaining agreement and to clarify procedures for Sec. 19-213 (a) (adding information regarding the initiation the review and approval of a negotiated agreement of negotiations) Sec. 19-213 (c) (expressly providing for ratification and approval of tentative agreements) Sec. 19-213 (d) (providing procedures for renegotiation if a tentative agreement is not approved) 20 Revised timeline for conducting negotiations, Sec. 13-213(a), (e) including by allow unions additional time to request to negotiate and extending potential date for impasse 21 Expressly authorized employees to engage in Sec. 19-213(b) negotiation activities during work time, subject to negotiations between the parties 3 22 Revised negotiation impasse procedures, including: Sec. 19-213 (h), (i) - Additional procedures for fact-finding - Adoption of the fact finder’s recommendation is now the default outcome - Provided for a procedure to appeal the fact- finder’s recommendations to the City Council - Provided the City Council with the final authority to resolve disputed issues in a negotiation impasse 23 Clarified that neither party is responsible for the legal Sec. 19-213(k) costs of the other during impasse resolution 24 Added new sections outlining prohibited practices by Sec. 19-214 the City or any exclusive bargaining agent, including Sec. 19-215 administrative procedures for resolving prohibited Sec. 19-202 (revising definition of labor-management practice charges with the labor relations administrator dispute to include prohibited labor practice charges) Sec. 19-205(c) (specifying that the review of employee emails for a legitimate City purpose is not a prohibited labor practice) Sec. 19-206(b) (clarifying that general speech regarding labor issues by the City Council or City Manager is not a prohibited labor practice unless it contains a prohibited threat or promise) 25 Clarified that an employee organization must have Sec. 19-216 sponsored, authorized, supported, or approved of an illegal strike in order to be decertified under this section 26 Removed procedures for mandatory review of Former Sec. 19-216 ordinance, as the ordinance now contains more fulsome provisions 4