§ 35.037. COLLECTIVE BARGAINING; APPROVAL OR REJECTION.

(A)

After an employee organization has been certified pursuant to the provisions of this subchapter, the bargaining agent for the organization, and the chief executive officer of the appropriate public employer or employers, jointly shall bargain collectively in the determination of the wages, hours, and terms and conditions of employment of the public employees within the bargaining unit. The chief executive officer, or his representative, and the bargaining agent, or its representative, shall meet at reasonable times and bargain in good faith. In conducting negotiations with the bargaining agent, the chief executive officer or his representative shall consult with, and attempt to represent the views of the legislative body of the public employer. Any collective bargaining agreement reached by the negotiators shall be reduced to writing, and the agreement signed by the chief executive officer and the bargaining agent. Any agreement signed by the chief executive officer and the bargaining agent shall not be binding on the public employer until the agreement has been ratified at a regularly scheduled meeting of the public employer and by public employees who are members of the bargaining unit, subject to the provisions of divisions (B) and (C) of this Section.

(B)

Upon execution of the collective bargaining agreement, the chief executive shall, in his annual budget request, or by other appropriate means, request the legislative body to appropriate those amounts as shall be sufficient to fund the provisions of the collective bargaining agreement.

(C)

If any provision of a collective bargaining agreement is in conflict with any law, ordinance, rule or regulation over which the chief executive officer has no amendatory power, the chief executive officer shall submit to the appropriate governmental body having amendatory power a proposed amendment to that law, ordinance, rule or regulation. Unless and until the amendment is enacted or adopted and becomes effective, the conflicting provision of the collective bargaining agreement shall not become effective.

(D)

If the agreement is not ratified by the public employer or is not approved by a majority vote of employees voting in the unit, in accordance with procedures adopted by the Public Employees Relations Commission, the agreement shall be returned to the chief executive officer and the employee organization for further negotiations.

(E)

Any collective bargaining agreement shall not provide for a term of existence of more than three (3) years, and shall contain all of the terms and conditions of employment of the employees in the bargaining unit during that term, except those in applicable merit and civil service rules and regulations.

(Code 1980, § 20-10; Am. Ord. No. 74-77, passed 12/12/77; Am. Ord. No. 70-79, passed 10/8/79; Am. Ord. No. 3-89, passed 1/24/89; Am. Ord. No. 5-96, passed 1/23/96)