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A. An employee, employee organization or their representative(s) shall not:

1. Discriminate against an employee with regard to employee organization membership because of race, color, religion, creed, age, disability, sex, national origin or genetic testing;

2. Discriminate against an employee because he/she has chosen not to form, join or assist an employee organization;

3. Use city time, property or equipment for employee organization business, except as specified in a memorandum of understanding;

4. Obstruct, restrain or coerce any employee, elected or appointed city official in the exercise of any right provided by the provisions of this chapter;

5. Obstruct, restrain, threaten or coerce any elected or appointed official, representative of the employer or city employee, for the purposes of gaining a concession;

6. Disclose or discuss any matters concerning the meet and confer proposal with city elected officials or the news media from the date negotiations commence until the date and time set for hearing before the city council on the mutually agreed upon proposed memorandum of understanding or until the date and time set for a hearing before the city council on the areas of dispute;

7. Refuse to meet and confer in good faith with the employer;

8. Refuse or fail to comply with any provision of this chapter;

9. Coerce the employer in the selection of its agents for bargaining or resolving grievances;

10. Under no circumstances shall a city employee, official, and employee organization or any other individual or employee organization engage in, instigate, promote, cause, sponsor, condone, permit, encourage, or take part in any strike, slowdown, sympathy strike, withholding of services, work stoppage, curtailment of work, reduction of work or interference of any kind with the operations of the city. Strike shall mean concerted action of employees and/or others resulting in the failure of employees to report for work when directed to do so, the concerted absence of employees from their positions, the concerted stoppage of work and/or concerted slowdown of work, or the concerted effort to refrain from the full, faithful, and proper performance of the duties of employment with the city. In the event of a violation of this subsection, an employee organization shall immediately instruct the involved employees that their conduct is in violation of this section and/or any applicable memorandum of understanding; that the employees may be disciplined up to and including termination, and instruct all such persons to cease the prohibited conduct and take all reasonable means to end the breach.

B. City management and its representatives shall not:

1. Discriminate against an employee with regard to employee organization membership because of race, color, religion, creed, age, disability, sex, national origin or genetic testing;

2. Discriminate against an employee with regard to terms and conditions of employment because of the employee’s membership in an employee organization;

3. Obstruct, restrain or coerce any employee in the exercise of any right provided under this code;

4. Dominate or obstruct the formation, existence or administration of any employee organization;

5. Discriminate in regard to hiring, or any term or condition of employment in order to encourage or discourage membership in an employee organization;

6. Discharge or otherwise discriminate against an employee because he/she has signed or filed a petition, grievance or complaint or because an employee is forming, joining or choosing to be represented by a labor organization;

7. Obstruct, restrain or coerce any employee, elected or appointed city official, representative of the employee organization, for the purpose of gaining a concession;

8. Disclose or discuss any matters concerning the meet and confer proposal with the news media from the date negotiations commence until the date and time set for hearing before the city council on the mutually agreed upon proposed memorandum of understanding or until the date and time set for a hearing before the city council on the areas of dispute;

9. Refuse to meet and confer in good faith with the exclusive representative;

10. Refuse or fail to comply with any provisions of this chapter;

11. Coerce the employee organization in the selection of its agent for meeting and conferring or adjustment of grievances. [Ord. 18-09 § 1; Res. 18-24; Ord. 11-09; Code 2004 § 3-281.]