Chapter 54 - COLLECTIVE BARGAINING

Section 1170.

Section 1170.

  § 1170.  Office of collective bargaining; director.  There shall be an
office of collective bargaining, the head of which shall be the director
of  such  office, who shall be the person holding the office of chairman
of the board of collective bargaining.  The director may appoint, and at
pleasure remove, two deputies.

Section 1171.

Section 1171.

  § 1171.  Board of collective bargaining.  There shall be in the office
of  collective  bargaining a board of collective bargaining, which shall
consist of seven members.   Two members  of  the  board  shall  be  city
members,  two  members  of  the  board shall be labor members, and three
members of the board, of whom one shall be chairman, shall be  impartial
members.   The mayor shall have the power to appoint the city members of
the board to serve at his pleasure, and the labor members of  the  board
from designations by the municipal labor committee.  Each labor and city
member  shall  have  an alternate, who shall be appointed and removed in
the same manner as the member  for  whom  he  is  the  alternate.    The
chairman  and  other impartial members shall be elected by the unanimous
vote of the city and labor members,  and  shall  serve  for  three  year
terms,  provided,  that  of  the  impartial  members  first elected, the
chairman shall serve for  a  term  ending  on  January  first,  nineteen
hundred  seventy,  one  member  shall serve for a term ending on January
first nineteen hundred sixty-nine, and one member shall serve for a term
ending on January first, nineteen hundred sixty-eight.
  Notwithstanding any other provision of law, a labor member may not  be
removed  from  the  board  except  upon  request  of the municipal labor
committee, or except for cause, as hereinafter provided.  Any member may
be removed for cause by a majority of the  entire  board,  including  at
least  one  city  member and one labor member, after having been given a
copy of the charges against him and an opportunity to be heard in person
or by counsel in his defense  upon  not  less  than  ten  days'  notice.
Vacancies  in  the  office  of  a city member or a labor member shall be
filled in the same manner as herein provided for appointment.  Vacancies
in the office  of  an  impartial  member  occurring  otherwise  than  by
expiration  of  term  shall  be filled by unanimous vote of the city and
labor members for the unexpired balance of the term.

Section 1172.

Section 1172.

  §  1172.    Board  of certification.   There shall be in the office of
collective bargaining a board of certification, which shall  consist  of
the  impartial  members  of  the  board  of collective bargaining.   The
chairman of the board of  certification  shall  be  the  person  who  is
chairman of the board of collective bargaining.

Section 1173.

Section 1173.

  §  1173.  Powers and duties.  The office of collective bargaining, the
board of collective bargaining and the board of certification shall have
such powers and duties with respect to labor  relations  and  collective
bargaining as shall be prescribed by law.

Section 1174.

Section 1174.

  §  1174.  Compensation.  a.  Board  of collective bargaining; board of
certification; director. The city members and the labor members  of  the
board  of collective bargaining and their alternates shall serve without
compensation. The director shall be salaried for his or her services  as
director,  chair of the board of collective bargaining, and chair of the
board of certification. The impartial members, excluding  the  director,
shall  be  paid  a per diem fee to be determined by the city members and
labor members of the board of collective bargaining.  The  director  and
all  members  of both such boards and their alternates shall be entitled
to  receive  reimbursement  for  their  actual  and  necessary  expenses
incurred  in  the  performance  of  their  duties. Fifty per cent of the
salary, fees, and expenses provided for in  this  subdivision  shall  be
paid  by  the  members of the Municipal Labor Committee, under rules and
regulations issued by the board of collective  bargaining,  which  rules
may provide how such costs shall be distributed among such members.
  b.  Members  of  mediation and impasse panels; arbitrators. Members of
mediation and impasse panels, and arbitrators, shall be paid a per  diem
fee  to  be determined by the board of collective bargaining, unless the
parties to the particular dispute shall have agreed to a different  fee,
and shall be reimbursed for their actual and necessary expenses incurred
in  the  performance  of  their  duties.  The public employer and public
employee organization which are parties to the particular negotiation or
grievance shall each pay fifty percent of such  fees  and  expenses  and
related  expenses  incidental to the handling of deadlocked negotiations
and unresolved grievances.
  c. Appointment of counsel and attorneys. The director  may  appoint  a
counsel   and   attorneys,  who,  at  the  direction  of  the  board  of
certification or the board of collective bargaining may appear  for  and
represent the office of collective bargaining or either of the aforesaid
boards in any legal proceeding.

Section 1175.

Section 1175.

  §  1175.  Publication  of collective bargaining agreements.  Not later
than sixty calendar days after the execution of a collective  bargaining
agreement,  a copy shall be published in the City Record together with a
statement by the mayor
  (1) of the total costs and current and future budgetary  and  economic
consequences of the agreement and
  (2)  of  the  implications  and  likely impact of the agreement on the
efficient management of city  agencies  and  the  productivity  of  city
employees.

Section 1176.

Section 1176.

  §  1176.  Budgeting  for  agreements.  a.  So far as practicable, each
collective  bargaining  agreement  covering  city  employees  shall   be
executed  prior  to the commencement of the fiscal year during which its
provisions shall first be in effect.
  b. No part of any retroactive  wage  or  salary  settlement  shall  be
charged to the capital budget.

Section 1177.

Section 1177.

  §  1177.   Agency participation.   The heads of city agencies or their
designated representatives shall participate in the development  of  the
city's  position  with  respect  to  work  rules and practices and other
matters affecting the management of each agency in advance of collective
bargaining negotiations affecting employees of an agency.