HomeMy WebLinkAbout1983-05-25 CSB MINUTES1 J0
BOARD OF CAREER SERVICE COMMISSIONERS
SPECIAL MEETING
MAY 25, 1983
IN THE MATTER OF THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY
OF ENGLEWOOD, CONCERNING A PETITION FOR AMENDMENT OF CERTIFICATION,
THE BOARD OF CAREER SERVICE COMMISSIONERS HAS RENDERED THE FOLLOWING
DETERMINATION:
ACCORDINGLY, IT IS THE ORDER OF THIS BOARD THAT THE
CERTIFICATION OF ENGLEWOOD EMPLOYEES ASSOCIATION BE,
AND IT IS HEREBY, AMENDED TO REFLECT ITS AFFILIATION
WITH AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL
EMPLOYEES, AFL-CIO AND ITS NEW DESIGNATION AS CITY OF
ENGLEWOOD EMPLOYEES ASSOCIATION, LOCAL 303, AFSCME,
AFL-CIO, AFFILIATED WITH COLORADO PUBLIC EMPLOYEES
COUNCIL 76, AFSCME, AFL-CIO. (See Attached)
Corrunissioner Pokraka moved, seconded by Corrunissioner Turner to
accept the Board's decision and order as stated above.
AYES: Turner, Pokraka, Kerzic, Weber
NAYS: Keena
Corrunissioner Keena stated that she voted against this order because
she believes the affiliation changes the local autonomy of the
E.E.A., specifically in two areas: 1) the international constitu-
tion states that no changes are allowed to the existing E.E.A.
constitution if it conflicts with the international constitution,
thus restricting too greatly the freedom of employees to determine
the character of the organization to which they want to belong;
2) the conditions that are in the agreement which state the E.E.A.
can only terminate their affiliation upon mutual agreement with
the international executive board and with the council is also too
limiting. The international constitution can challenge individual
memberships, and suspend and revoke the E.E.A. unilaterally without
the E.E.A.'s agreement. Additionally, there is a condition within
the international constitution which requires that 90% of dues
collected must go to the international and only 10% may go to the
local, and bonding of officers must be through the international
not an independent insurance group, again being restrictive in
those areas. Corrunissioner Keena stated that she believes there
would be sufficient change to the character of the E.E.A. that all
employees should be concerned about. As her membership on the
board means she must protect that interest, she stated she could
not vote for the affiliation. Corrunissioner Keena stated that
she felt the affiliation needed to go ~hrough a process where
there was sufficient discussion, and that five days was not
enough time for the kind of concern she has for the changes that
are happening to the character of the E.E.A. Corrunissioner Keena
~ed that she would vote agains~ the affiliation.
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BEFORE THE
CAREER SERVICE BOARD
OF THE
CITY OF ENGLEWOOD COLORADO
IN THE MATTER OF THE
ENGLEWOOD EMPLOYEES
ASSOCIATION,
and
THE CITY OF ENGLEWOOD,
CONCERNING A PETITION FOR
AMENDMENT OF CERTIFICATION
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DECISION
AND
ORDER
On May 10, 1983, Englewood Employees Association
(EEA), the certified exclusive bargaining representative of
a previously determined unit of employees of the City of
Englewood, filed its petition to amend its certification to
reflect its affiliation with American Federation of State
County and Municipal Employees, AFL-CIO (AFSCME) pursuant to
section 5-4-6, Englewood Municipal Code (E.M.C.).
A hearing was held by the Career Service Board
(Board) at 7:00 p.m. on May 18, 1983, pursuant to section 5-
4-11, E.M.C., at which EEA appeared by its attorney John
Criswell, and AFSCME's International Representative Tom
Doherty, and the City of Englewood appeared by its attorney
Rick DeWitt. The Board heard the testimony of Tom Doherty,
International Representative for AFSCME, Dave Williams, In-
ternational Director of AFSCME and Julie Stark, president of
EEA.
The Board, having heard the testimony and con-
sidered the argument of counsel, FINDS:
1. The petition of EEA was properly filed and is
otherwise proper under Title 5, E.M.C. and the Charter of
the City of Englewood.
2. The requested amendment to the certification
of EEA is consistent with the concept of appropriate em-
ployee representation units as contained in subsection 5-4-
9 (a) (2) E.M.C.
3. No question concerning representation of the
members of the bargaining unit was presented for considera-
tion by the Board and the previously determined appropriate
unit will remain the same.
4. EEA's affiliation with AFSCME was approved by
a majority of the EEA's voting members at a secret ballot
election conducted by the American Arbitration Association
held on April 28, 1983 pursuant to prior notice.
5. EEA's affiliation with AFSCME requires AFSCME
to charter EEA as a local union to be known as "City of
Englewood Employees Association, Local 303 AFSCME, AFL-CIO"
which is to be affiliated with Colorado Public Employees
Council 76, AFSCME, AFL-CIO.
6. EEA's affiliation with AFSCME permits EEA to
retain its local autonomy.
7. Neither EEA nor its affiliates admit to
membership any executive or supervisory personnel employed
by the City of Englewood.
8. EEA's present officers continue as the
officers of the City of Englewood Employees Association,
Local 303 AFSCME, AFL-CIO.
9. EEA's present constitution, bylaws and
treasury continue under its affiliation.
THE CAREER SERVICE BOARD, therefore, concludes
that EEA's affiliation with AFSCME will not result in a
substantive change in the organization or its representative
status as exclusive bargaining representative of the pre-
viously determined appropriate unit of the City of Englewood's
general service employees.
This is a case of first impression insofar as
labor relations in the City of Englewood are concerned. An
amendment of certification is provided for by the Englewood
Municipal Code in section 5-4-6 and 5-4-11. Such petitions
are also covered by the Rules and Procedures of the National
Labor Relations Board. While N.L.R.B. practice is not
binding on this Board, it is persuasive where the situation
is analogous and specific provisisions of the Englewood City
Charter and Englewood Municipal Code are not in conflict,
and where the nature of public employment labor relations do
not dictate a contrary result.
The Board notices section 101.17 of the Statements
of Procedure of the N.L.R.B. which provides in part: "If
there is a unit covered by a certification and there is no
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question concerning representation, any party may file a
petition for amendment to reflect changed circumstances,
such as changes in the name or affiliation of the labor
organization involved in the name or location of the em-
ployer involved."
Decision of the NLRB are also helpful. In Seattle-
First National Bank and Financial Institutional Employees of
America, Local 1182, 241 NLRB No . 116 (1979), the Board held
that an affiliation does not create a new organization, nor
does it result in the dissolution of an already existing or-
ganization and that it was proper to limit voting on the
question of affiliation to members in good standing.
Accordingly, it is the order of this Board that
the certification of Englewood Employees Association be, and
it is hereby, amended to reflect its affiliation with Ameri-
can Federation of State County and Municipal Employees, AFL-
CIO and its new designation as City of Englewood Employees
Association, Local 303, AFSCME, AFL-CIO, affiliated with
Colorado Public Employees Council 76, AFSCME, AFL-CIO.
BY THE BOARD
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