Loading...
Res 82-74 RESOLUTION NO. 82-74. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING AN EMPLOYEE RELATIONS POLICY FOR THE CITY OF DELRAY BEACH. WHEREAS, the Supreme Court in the Ryan case (254 So.2d 195) interpre- ted Section 6 of the Florida Constitution as granting public employees the right to bargain collectively; and, WHEREAS, such right is also subject to certain limitation, by law, such as, but not limited to, there being no right to strike on the part of public employees and the prohibition of the "use of coercion or intimi- dating tactics"; and, WHEREAS, the City has the constitutional authority to determine the distribution of the tax dollar, and such authority should not be delegated to a third party; and, WHEREAS, the Florida Legislature enacted Chapter 74-100, which in part provides for the establishment of a Public Employment Relations Act, which will take effect no later than January 1, 1975; and, WHEREAS, said Act provides in part, that it was not the intent of the Legislature by enactment of such Act to encourage organization of public employees, and by the provisions of such Act, public employees are given ~the right to refrain from forming, joining, or participating in employee organizations, and to refrain from exercising the right to be represented, NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the City of Delray Beach, that: 1. It is the position of the City of Delray Beach that the integrity and dignity of the individual employee must be established and maintained, and that this can best be accomplished by personnel policies which directly recognize the needs and desires of individual employees. The City Manager is therefore directed to endeavor, within the framework of a sound personnel policy, to achieve and/or maintain the following goals: A. Continue to improve communications between the City and all of its employees with regard to the City's objectives, plans, policies, problems, success and failures. B. Continue emp!gyee participation in~ the establisD~ent and maintenance of City policies relating to salaries and other conditions of employment of City employees and matters affecting the quality of the pro- grams of the City. C. Selection of good managerial employees who are competent to aid each individual employee to get the most out of his time and facilities with reasonable effort, and who are competent as leaders to have the in- dividual employee to understand promptly, clearly, and easily the reasons behind decisions and advice. D. Equitable pay standard -- pay that is right, all thfngs con- sidered, including compensation for similar positions in other cities in the area, ability, skill, care and effort, as measured by reasonable standards. E. Continue improvement in working conditions, which are as good as they can currently be made, which are regularly improved, which are constantly being studied for further improvement, and about which all suggestions will always be welcome. F. Respect the basic human dignity of each individual, particu- larly with regard to decisions directly affecting him. G. Promotion practices -- promotion as fast as opportunities arise on a strictly equitable basis in view of ability, skill, care, and effort of the individual. To accomplish the goals set forth herein, the City Manager is directed: (1) To review and update as needed the personnel policies for employees of the City to establish such additional procedures in conformity with these guidelines as may be necessary, and (2) To explain to the employees of this City such practices, and, further, that it is not necessary, and that it is not ever going to be necessary, for this City's employees to · belong to any union in order to get a job or work for this City, not only because Florida's kight-to-Work Law guarantees to them this right, but also because the City expects to continue to conduct its affairs and relationships with its employees so that they will never feel it necessary to belong to a union. (3) That the matter of union organization and representation is one of serious concern to the City. That it is also a matter of serious concern to the City's employees and our sincere belief is that unionization of the City's employees would not work to the benefit of the City employees, but in the long run would do them serious harm. (4) That it is the City's intention to oppose unionization of its employees by every proper and legal means. (5) That those employees who might join or belong to a union are not going to get any advantageous or preferred treatment of any sort over those who do not join or belong to a union. (6) That if anybody causes any employee trouble at his or her work or puts the employee under any sort of pressure to join a union, the employee should notify the City of same, and the City will undertake to see that this activity is stopped. The City Manager is directed to explain and to direct explanation of this policy to all employees of the City. 2. The City of Delray Beach believes that no union organization should be recognized by the City based upon authorization cards or petitions filed by employees because such procedure has been found in the private sector to constitute an unreliable method for determining union representa- tion and because an election allows the employees to express their free, unrestrained and uncoerced choices. Therefore, it is further resolved as follows: A. That this City shall not grant recognition to any employee' organization without providing for the safeguard of a secret ballot elec- tion, and B. That the City Manager shall explain or cause to be explained to all employees involved in such election, the policy of the City in such matters and why union organization will not be to the individual employees' benefit, but to their detriment. PASSED AND ADOPTED in regular sessio~ on this the 23rd day of December, 1974. ATTEST: ~] ' City-Clerk -2- Res. No. ~2-74.