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A. There is hereby created a Board, to be known as the Phoenix Employment Relations Board (PERB), consisting of five members, whose terms shall be three years.

The members of the Board shall possess the impartiality necessary to protect the public interest, including the interests of the City and its employees. Any individual appointed under this section shall not be an agent, employee, or staff member of the City of Phoenix, or any City of Phoenix employee organization.

The members of the Board, the method of their selection and their terms of office are as follows:

1. Member No. 1, the Board’s regular chairperson. The Federal Mediation and Conciliation Service shall submit an individual’s name to act as the Board’s regular chairperson. Should the Federal Mediation and Conciliation Service fail or be otherwise unable to submit the name of a nominee, the name shall be submitted by the American Arbitration Association. This individual shall be a person widely recognized as a neutral in the field of labor-management relations. Should the position of chairperson be vacant or should the chairperson be absent from a Board meeting at which a quorum is present, the members present may appoint an acting chairperson from the public members present.

The next expiration date for this three-year term [of] office shall be December 15, 1991, and shall expire every three years thereafter.

2. Member No. 2. Member No. 2 shall be an individual whose name is submitted by the Mountain States Employers Council, Inc.

The next expiration date for this three-year term of office shall be December 15, 1990, and shall expire every three years thereafter.

3. Member No. 3. Member No. 3 shall be an individual whose name is submitted by the Maricopa Area Labor Federation.

The next expiration date for this three-year term of office shall be December 15, 1992, and shall expire every three years thereafter.

4. Member No. 4. Member No. 4 shall be an individual chosen from the general public.

The next expiration date for this three-year term of office shall be December 15, 1992, and shall expire every three years thereafter.

5. Member No. 5. Member No. 5 shall be an individual chosen from the general public.

The next expiration date for this three-year term of office shall be December 15, 1990, and shall expire every three years thereafter.

B. All members of the Phoenix Employment Relations Board shall be appointed by the Mayor and the City Council of the City of Phoenix.

1. Approximately 30 days prior to the expiration of the terms set forth for members 1, 2 and 3, or as soon as possible upon learning a member is no longer able to serve, the Phoenix Employment Relations Board shall commence action toward filling the vacancy. The Board shall contact the Federal Mediation and Conciliation Service, the Mountain States Employers Council, Inc., or the Maricopa Area Labor Federation, whichever the case may be, seeking the names of nominees to fill the vacancy. Names of nominees shall be submitted to the Phoenix Employment Relations Board in an envelope designated "Board Member Nominee," which envelope shall be forwarded, unopened, to the office of the Mayor.

2. As to members 4 and 5, the Phoenix Employment Relations Board shall advertise that a vacancy for a public member exists and all interested applicants shall submit their applications to the Phoenix Employment Relations Board in an envelope designated "Board Member Application," which envelope shall be forwarded, unopened, to the office of the Mayor.

3. When action is commenced toward seeking a nominee to fill a vacancy on the Board, the office of the Mayor shall be notified.

C. The three-year terms of office to be served by members of the Board, as set forth above, shall expire on December 15 regardless of the date on which appointment is made. All terms of office shall run for three years from the dates specified above. Each member shall hold office until his successor is appointed and confirmed. If a vacancy occurs during a term, the appointee to that vacancy shall be appointed for the remainder of the vacated term and until his successor is appointed and confirmed.

D. Should the individual whose name has been submitted for appointment under subsections (A)(1) through (5) of this section fail to be approved by a majority of the Council, the agency providing that name shall be requested to resubmit names for the position.

E. Members of the Board shall be residents of the City of Phoenix; provided, however, that the residency requirement may be waived for the person to be appointed as the Board’s regular chairperson.

F. A meeting of the Board shall be called no less frequently than once per month. Notice of all meetings of proceedings of the Board shall be given in writing by any member of the Board or the Board’s authorized agent and shall state the date, time and location of the meeting and a short statement of the matters before the Board.

1. All notices shall be mailed, postage prepaid, to those parties directly interested in the outcome of such meeting or proceeding, to all authorized representatives, and to such groups or individuals as may specifically request notification of a given matter or proceeding.

2. In the event of an emergency meeting or proceeding, or if the exigencies of time do not permit the giving of notice as stated above, such emergency meeting or proceeding may be conducted; provided, that written notice is hand delivered to the addresses of all interested parties no later than 24 hours prior to the time set forth in the notice.

3. All parties wishing to receive notice of Board meetings and proceedings shall provide the Board with the name and address of the individual to whom such notice is to be sent. Notices of meetings and proceedings which are to be hand delivered, as set forth above, shall be delivered only in the City of Phoenix, Arizona, and failure of any person or organization to provide an address within said City shall be deemed a waiver of such notice.

4. Prior to the commencement of any meeting, a member of the Board or the Board’s authorized agent shall enter, or cause to be entered, upon the records of the Board, the notice of the meeting or proceedings, the parties to whom such notice was given, and the manner and date such notification was accomplished.

5. The mailing or hand delivery of notices to the addresses provided shall conclusively establish notification to the individuals or organizations providing the addresses.

G. Three Board members shall constitute a quorum for the transaction of business.

H. Powers and duties of the Board.

1. Subject to the approval of the Council, provide rules and regulations necessary to the proper discharge of its responsibilities. Discussion, adoption, amendment or repeal of said rules and regulations shall require a majority vote.

2. Conduct representation elections and resolve contested matters involving elections, certifications or de-certifications.

3. The Board shall have the authority to adjudicate a charge alleging a violation of this article.

The Board shall issue a notice of hearing on a charge to be held on a date no sooner than 21 days subsequent to the service of notice. Hearings may be continued only by mutual consent of the parties, by a majority vote of the Board, or by the hearing officer. Any charge may be heard by the Board or by a hearing officer appointed either by the Board or its agent. If a hearing officer is appointed, he or she shall prepare and file with the Board a report and recommendation as to the disposition of the charge within a reasonable time after the conclusion of the hearing on the charge.

A charge may be amended by the charging party at any time prior to issuance of an order thereon; provided, that the charged party is not unfairly prejudiced thereby. The charged party shall be required to file an answer to the charge and shall be required to appear in person, or otherwise give testimony, at the place and time fixed in the notice of hearing. In any hearing, either party may be represented by any person of his choosing. In the discretion of the Board, other interested persons may be allowed to intervene in the proceeding and to present testimony. In any hearing the Board or hearing officer shall not be bound by the rules of evidence prevailing in the courts.

4. The Board shall have no power to establish representative units other than those hereinafter set forth; provided, however, that if a dispute exists as to the unit placement of a particular employee, group of employees, new classification or new position, the Board shall make that determination based upon community of interest criteria, such as wages, hours, other working conditions, the history of meeting and conferring, the relationship between the employees for whom the petition has been filed and the units established herein, and the desires of the employees involved. Provided further, however, that in making the foregoing determination the Board shall also consider the employer’s interest in promoting efficiency of operation and the promotion of effective dealings between the employer and its employees.

5. Resolve designation of management, confidential, supervisory and professional employees.

6. Hold hearings, administer oaths, compel attendance of and examine witnesses, compel production of and examine documents, and provide for informal hearing procedures.

If the Board determines that a party has engaged, or is engaging, in conduct in violation of this article, it may issue an order requiring the party to cease and desist from such conduct. If the violation involves the demotion, suspension or termination of an employee, the Board may order the reinstatement of such employee with or without back pay. The order may further require the party to make reports from time to time showing the extent to which the party has complied with the order.

7. To consult with representatives of the Federal Mediation and Conciliation Service (FMCS) and the American Arbitration Association (AAA), and thereafter to establish a list of persons qualified as neutrals in the field of labor-management relations from the certified panels of FMCS or AAA to be available to serve as fact-finders in the course of administering the provisions of this article for the resolution of impasse disputes.

8. The Board shall have exclusive authority to determine the existence of an unfair labor practice. The Board shall have the power to order reinstatement and/or back pay for demoted, suspended or terminated employees in cases which involve unfair labor practices. It may order the City to cease and desist any unfair labor practice; except for the authority to order the parties to bargain in good faith, it shall have no power to order affirmative action that would in any way diminish the Charter powers of the City Council, City Manager, Human Resources Official, or the Phoenix Civil Service Board. The Board may, however, make an advisory recommendation to the appropriate authority.

9. The Board shall have no jurisdiction over employee discipline where an affected employee has timely filed an appeal of that discipline under the City’s Civil Service System.

I. The Board may limit the timing of elections including, but not limited to, barring elections for any unit in which a current memorandum of understanding is in effect. Such bar shall not exceed three years.

J. The Council shall provide adequate financing to the PERB for a staff to be hired, managed and supervised by the PERB. Staff to PERB shall not be classified City employees, but may be confidential nonclassified employees in accordance with Section 2-210(4).

K. The authority and jurisdiction granted under the Charter to the Phoenix Civil Service Board and to the Human Resource Official shall not be diminished by the operation of this article. (Ord. No. G-1532, § 3; Ord. No. G-1754, § 2; Ord. No. G-2036, §§ 1—3; Ord. No. G-2404, § 2; Ord. No. G-2454, §§ 1, 2; Ord. No. G-3075, § 1; Ord. No. G-3087, § 1; Ord. No. G-3303, § 4; Ord. No. G-4243, § 1, 2000; Ord. No. G-4653, §§ 1, 2, 2004; Ord. No. G-4855, § 1, 2007; Ord. No. G-5444, § 3, 2009; Ord. No. G-5635, 2011; Ord. No. G-6087, 2015)