COLLECTIVE BARGAINING

New Orleans City Code ch. 114, art. V

in effect

New Orleans City Code § 114-400 Definitions.

Sec. 114-400. - Definitions. As used in this article, the following terms shall have the meanings ascribed to them in this section: Collective bargaining means bargaining for employee matters on behalf of employees. Collective bargaining agreement means a written lawful contract between the city and an exclusive bargaining agent representing the employees in a bargaining unit authorized by this Article and resulting from collective bargaining. Confidential employee means an employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations. Covered employee means any employee of the City of New Orleans in classified or unclassified service, as defined in the Charter, excluding confidential employees, management officials and supervisors as defined herein. Employee labor organization means an organization in which employees participate, and that exists, in whole or in part, for the purpose of representing employees in collective bargaining concerning labor disputes, hours, and other terms and conditions of employment. Grievance means a claim of breach, misinterpretation, or misapplication of any provision of a collective bargaining agreement between the city and an exclusive bargaining representative. Management official means an individual whose duties and responsibilities require or authorize the individual to formulate or determine the policies of a city department. Supervisor means any individual having independent authority in the interest of the city to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees. The term "supervisor' does not include either sworn police department employees below the rank of lieutenant or uniformed fire department employees at or below the rank of fire district chief. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-401 Employee rights.

Sec. 114-401. - Employee rights. (a) Subject to the terms of this article, employees shall have the right to: (1) Organize, form, join, assist, participate in, and pay dues or contributions to a union; (2) Bargain collectively through an exclusive bargaining representative of their own choosing and to receive fair representation from a union; and (3) Engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection insofar as such activity is not inconsistent with this article. (b) Employees shall also have the right to refrain from any or all such activities described above. No city employee or any other person acting on behalf of the city, an exclusive bargaining agent, or a union or labor organization may interfere with the exercise of an employee's rights under this article or commit any form of retaliation arising from the exercise of any rights granted here under this article. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-402 Employee use of work time for employee labor organization matters.

Sec. 114-402. - Employee use of work time for employee labor organization matters. (a) Employees shall have the right to hold informal conversations and interactions with one another to discuss workplace and employee labor organization issues while on duty, provided that such conversations or interactions do not interfere with the employee's job duties. Employee labor organizations shall not hold formal meetings that interfere with the work time of employees, except as provided for in this article or in a collective bargaining agreement. (b) Employees are permitted to use city electronic communication systems, including but not limited to, email and text messaging on city devices and/or accounts, to discuss employee labor organization business or activities, or employee organizing activity. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-403 Bargaining units.

Sec. 114-403. - Bargaining units. The city shall recognize the following bargaining units for the purposes of collective bargaining: (a) Police. The police department employees' bargaining unit shall consist of all sworn commissioned employees of the police department, except those excluded by definition in section 114-400. (b) Fire. The fire fighters bargaining unit shall consist of fire fighters, fire apparatus operators, fire captains, fire prevention inspectors, and fire alarm dispatchers and any other uniformed fire employees below the rank of deputy chief. (c) General government. All other covered city employees, except those excluded in section 114-400. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-404 Labor relations advisor.

Sec. 114-404. - Labor relations advisor. (a) The council shall employ one or more labor relations advisors (LRA) to provide professional advice and assistance to the council regarding the implementation of this article and the development of labor policy; to assist the council in mediating impasses in the negotiation of collective bargaining agreements; to investigate and advise the council regarding possible violations of this article; and to serve as liaison among the council, the administration, exclusive bargaining agents, unions or labor organizations, and employees with respect to labor and collective bargaining concerns. (b) The LRA shall operate under the rules and procedures detailed in a City Council Labor Relations Advisor Rules Manual (LRA Rules Manual). (c) The council shall create the LRA Rules Manual by resolution and shall publish the same on the council website. The LRA Rules Manual may be amended by the same procedure. (d) City departments shall cooperate with the labor relations advisor and shall provide all documents or assistance reasonably requested by the LRA in performance of the duties described herein or otherwise assigned by the council. (e) The LRA shall oversee and report to the council in relation to the following: (1) Oversight and ratification of elections, including card-check recognition, certification or decertification pursuant to the provisions of the LRA Rules Manual, and issue to the council a report on certification or decertification; (2) Disputed issues of employee inclusion in or exclusion from the bargaining units permitted under this article; and (3) The status and results of negotiations of any collective bargaining proposal as a subject of bargaining permitted under this article. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-405 Exclusive collective bargaining.

Sec. 114-405. - Exclusive collective bargaining. The city may engage in collective bargaining and enter into a collective bargaining agreement only with an employee labor organization selected as the exclusive bargaining representative of a particular employee bargaining unit. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-406 Recognition of exclusive bargaining agent.

Sec. 114-406. - Recognition of exclusive bargaining agent. (a) If an employee labor organization has been recognized as the exclusive bargaining agent of a bargaining unit of city employees, whether by a memorandum of understanding with the city in effect on January 1, 2024, a legislative act of the council regarding the general government bargaining unit passed on or before December 1, 2024, or by another process legally recognized with the city, then that bargaining agent shall have the rights and responsibilities vested by this article. All other provisions of this article shall henceforth apply to all recognized bargaining agents and the bargaining units they represent. (b) If there is no recognized exclusive bargaining agent, a bargaining agent may become recognized as the exclusive bargaining agent of all employees in an appropriate bargaining unit described in section 114-403 if the LRA reports to the council the appropriate procedures to select a representative are followed and that representative is certified by the council as described in section 114-107. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24; M.C.S., Ord. No. 30114, § 1, 10-24-24)

New Orleans City Code § 114-407 Certification of an exclusive representative.

Sec. 114-407. - Certification of an exclusive representative. (a) Elections of exclusive bargaining agents shall occur pursuant to rules promulgated in the LRA Rules Manual and overseen by the LRA. (b) The LRA shall present a report to the council regarding the outcome of any election and compliance with the procedures within the LRA Rules Manual. (c) The certification or decertification of a union or labor organization as an exclusive bargaining agent shall be made by council resolution. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-408 Access.

Sec. 114-408. - Access. To facilitate the certification process and to ensure fair access among competing employee labor organizations, the city shall provide reasonable access to any employee labor organization seeking to become the exclusive bargaining representative of a particular bargaining unit that meets the qualifications set forth in a resolution adopted pursuant to section 114-407. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-409 Rights accompanying exclusive representation.

Sec. 114-409. - Rights accompanying exclusive representation. Any employee labor organization recognized as the exclusive bargaining agent for employees in an appropriate bargaining unit has the following rights: (a) To speak on behalf of all members of the bargaining unit and be responsible for representing the interests of all members of the bargaining unit without discrimination and without regard to employee labor organization membership. (b) To meet at reasonable times and places to engage in good faith collective bargaining on matters that, under this article, may be the subject of collective bargaining, in an effort to reach an agreement with the city. (c) To meet with bargaining unit employees on city premises in non-secure areas during times when the employees are on break or in a non-duty status. Any other employee labor organization that has submitted a petition and established a valid question concerning representation of the bargaining unit is also permitted to meet with bargaining unit employees with the same limitations. An exclusive bargaining agent and the city is permitted to negotiate regarding greater access to employees by the exclusive bargaining agent as a provision of a collective bargaining agreement. (d) To receive a quarterly list of all covered bargaining unit employees, to receive a monthly list of all new covered bargaining unit employees hired during the previous month, and to be permitted to schedule presentations as needed to the new covered bargaining unit employees hired during the previous month. The city shall invite each exclusive bargaining agent to any formal presentation to the new covered bargaining unit employees corresponding to each exclusive bargaining agent. (e) To communicate with employees regarding collective bargaining, the administration of collective bargaining agreements, investigation of grievances, other workplace-related complaints and issues, and internal union matters involving the governance or business of the exclusive bargaining agent via city communications systems, including but not limited to, city-issued email addresses and/or phone numbers. (f) To be represented at any formal discussion between one or more representatives of the city and one or more employees in the bargaining unit or their representatives concerning (1) any matter that is within the scope of collective bargaining as set forth in section 114-400; or (2) any examination of bargaining unit employees by a representative of the city in connection with an investigation if the employee reasonably believes that the examination involves matters covered by any collective bargaining agreement then in effect, and the employee requests representation. The city shall inform the employee that the employee has a right to union representation prior to any such discussion or interview, and the employee shall have a right to request union representation before proceeding with the discussion or interview. An individual employee may present a personal complaint or question at any time to the city without the intervention of an employee labor organization, provided that any such organization that is recognized by the city as the exclusive bargaining agent for the bargaining unit in which the employee is a member is afforded an effective opportunity to be present and to offer its view at any meetings held to adjust the matter and that any adjustment made shall not be inconsistent with the terms of any applicable collective bargaining agreement. Employees who utilize this avenue of presenting personal complaints to the city shall not do so under the name, or by representation, of an employee labor organization. (g) To be the only labor organization eligible to receive from the city amounts deducted from the pay of employees as authorized by written assignment of the employees, for the payment of regular and periodic dues to the exclusive bargaining agent. Any such authorization may be revoked in accordance with the terms of the authorization which shall provide a period of irrevocability of not more than one year. An authorization that satisfies the Uniform Electronic Transactions Act (La. Rev. Stat. § 9:2601), including, without limitation, electronic authorizations and voice authorizations, shall be valid for employees' authorizations for payroll deductions. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24; M.C.S., Ord. No. 29777, § 1, 1-4-24)

New Orleans City Code § 114-410 Good faith bargaining process.

Sec. 114-410. - Good faith bargaining process. (a) The exclusive bargaining agent must submit a written request for bargaining to the city and negotiations must begin no later than May 1 and conclude by November 15 of any year where an agreement is sought to be effective at the beginning of the next fiscal year, in order to accommodate the city budget process. (b) Good faith bargaining does not include submission of or a response to a proposal that: (1) Violates the rights of employees as set forth in this article, or (2) Is outside the scope of lawful collective bargaining. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-411 Inclusion of grievance procedures.

Sec. 114-411. - Inclusion of grievance procedures. All collective bargaining agreements must include a negotiated grievance procedure which culminates in final and binding arbitration matters defined as a grievance in section 114-400. Where an alternate procedure to process a grievance is available, an employee's initial election of procedure made at the time of filing the grievance through the negotiated procedure or alternative procedure shall be irrevocable. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-412 Approval of agreement.

Sec. 114-412. - Approval of agreement. When an exclusive bargaining agent and the city reach an agreement, they shall reduce it to writing and execute it, signifying the approval of the bargaining agent and the mayor. (a) Upon signature of the mayor, the agreement shall be communicated to the council for approval as provided for in section 114-413, and appropriation of funds necessary to implement the financial terms of the agreement and the exclusive representative's ratification process. (b) Upon council approval of the agreement, if any provision of the agreement is inconsistent with the published rules of the civil service commission, or addresses pay, classification, benefits or other matters relating to compensation that are within the authority of the civil service commission, the city shall request that the civil service commission amend its rules to resolve the inconsistency but the provision or provisions shall not go into effect unless and until the inconsistency is resolved. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-413 Council approval of collective bargaining agreements.

Sec. 114-413. - Council approval of collective bargaining agreements. Any collective bargaining agreement must be signed by the council president and authorized by a motion of the council in the manner provided in City Code section 70-10. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-414 Non-interference and neutrality.

Sec. 114-414. - Non-interference and neutrality. Neither the city nor any exclusive bargaining agent shall refuse to negotiate in good faith with respect to matters within the scope of collective bargaining defined in section 114-400. (a) The city and its agents shall not: (1) Interfere with, restrain, or coerce employees with regard to the exercise of rights granted by this article; (2) Dominate or interfere in the administration of any employee labor organization; (3) Deter or discourage employees or applicants for city positions from becoming or remaining members of an employee labor organization, or from authorizing dues deductions, or voting to authorize union representation, or exercising any of their rights under this article; (4) Encourage or discourage membership in any employee labor organization, committee, or association including by discrimination in hiring, tenure, or other terms and conditions of employment, provided that use of city property and time for meetings and the city's communication system for employee labor organization business, as may be permitted by this article or a collective bargaining agreement, shall not be deemed encouragement prohibited by this section; (5) Discharge, retaliate, or discriminate against any employee because the employee has filed an affidavit, petition, or complaint or given any information or testimony under this article or because the employee has formed, joined, or chosen to be represented by any exclusive bargaining agent; (6) Deny the rights accompanying certification as the exclusive bargaining agent as conferred by this article; (7) Refuse to bargain collectively with the exclusive bargaining agent as provided in this article; (8) Refuse to participate in good faith in any agreed-upon impasse resolution procedures or those set forth in this article; (9) Refuse to reduce a collective bargaining agreement to writing and sign such agreement provided all conditions for an enforceable agreement, as set forth in this article, have been met; or (10) Enforce any rule or regulation which is plainly in direct conflict with any applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulation was prescribed. (b) No employee labor organization or its agents shall: (1) Interfere with, restrain, or coerce any employee with respect to rights granted in this article or with respect to selecting an exclusive representative; (2) Fail to represent an employee who is in a bargaining unit exclusively represented by the employee labor organization fairly and without discrimination provided such failure is willful or deliberate; (3) Refuse to bargain collectively with the city as provided in this article; (4) Refuse to participate in good faith in or violate any mutually agreed-upon impasse resolution procedures; or (5) Engage in conduct which is plainly in direct conflict with any applicable collective bargaining agreement. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-415 Time limits.

Sec. 114-415. - Time limits. Any time limits in this article may be extended by written agreement of the city, the employee labor organization, and any other appropriate parties. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-416 Annual public hearing.

Sec. 114-416. - Annual public hearing. The council shall hold a public hearing annually to hear presentations from city employee unions or labor representatives about the needs of city employees. At said hearings, labor representatives or city employees may discuss recommendations for addressing workplace concerns, civil service requests, employee pay or leave change requests, recommendations for city facility upgrades, budgetary recommendations, or other labor or workplace issues that affect city employees. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

New Orleans City Code § 114-417 Authority of civil service commission.

Sec. 114-417. - Authority of civil service commission. Nothing in this article should be construed to impair or supersede the authority granted to the civil service commission or the city civil service department by the Louisiana Constitution or the Home Rule Charter. The chief administrative office shall take all available steps to secure necessary civil service commission approval of any matter governed by this article or by a collective bargaining agreement requiring commission approval. (M.C.S., Ord. No. 29494, § 1, 6-22-23, eff. 1-1-24)

Source: City of New Orleans, Code of Ordinances and Home Rule Charter (Municode Library, library.municode.com)URL: https://library.municode.com/la/new_orleans/codes/code_of_ordinances?nodeId=PTIICO_CH114PE_ARTVCOBAFetched: 10/28/2026