(1) It is an unfair labor practice for the city or its designated representative to:
(b) Dominate, interfere with, or assist in the formation, existence or administration of any labor organization. The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under this subsection or (a) above if such expression contains no threat of reprisal or force, or promise of benefit. Nothing in this Code prohibits a fair-share agreement between the city and an exclusive bargaining agent or the deduction of a payment-in-lieu-of-dues from the wages of city employees affected by such an agreement.
(c) Discriminate in hiring, tenure, or any term or condition of employment, in order to encourage or discourage membership in any labor organization;
(f) Communicate directly or indirectly during the period of negotiations with employees in the bargaining unit other than the designated employee representatives regarding issues under negotiation except for matters relating to the performance of the employee work involved. This restriction does not prohibit the processing of grievances, the issuance of a public statement by the hearings official under the provisions of section 2.888(9), or the issuance of press releases under ground rules negotiated between the city and the bargaining agent;
(2) It is an unfair labor practice for a labor organization or its agents to:
(a) Restrain or coerce:
1. Employees in the exercise of their rights guaranteed in sections 2.876 to 2.896 of this Code, except that this subsection does not impair the right of a labor organization to prescribe its own reasonable rules with respect to the acquisition or retention of membership therein; or
2. The city in selection of its agents for the purpose of entering into the collective bargaining process.
(b) Cause or attempt to cause the city to discriminate against an employee in violation of this section. The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic or visual form, shall not constitute or be evidence of an unfair labor practice under subsection (a) or this subsection if such expression contains no threat of reprisal or force, or promise of benefit;
(d) Communicate directly or indirectly during the period of negotiations with other than the city agent regarding issues under negotiation for the purpose of influencing or with the effect of influencing issues under negotiation. This restriction does not prohibit the processing of grievances, the issuance of a public statement by the hearings official under the provisions of section 2.888(9), or the issuance of press releases by the parties under any bargaining ground rules negotiated between the city and the bargaining agent(s);
(3) A party alleging injury by an unfair labor practice may file a written complaint with the hearings official within thirty (30) days of the occurrence or knowledge of the unfair labor practice. The filings shall be accompanied by a recitation of the information pertinent to the complaint and known to the complainant.
(4) Upon receipt of a complaint, the hearings official shall:
(a) Cause to be served upon the person charged with the unfair labor practice a copy of the complaint within ten (10) days of the filing of the complaint. Copies of the complaint shall also be sent to the city and any bargaining agent who is an immediate interested party to the complaint;
(b) Determine whether a hearing of the complaint is warranted, dismissing the complaint if a hearing is not warranted;
(c) Set a time and place for the hearing if it is warranted, and
(d) Make a preliminary finding and notify the parties of it at least ten (10) days prior to the hearing. If all parties accept the hearing official’s preliminary finding, then the hearing may be waived.
(5) If, as a result of the hearing, the hearings official finds that a party named in the complaint has engaged in or is engaging in any unfair labor practice alleged in the complaint, the hearings official shall:
(a) State the findings of fact and the basis therefor in writing;
(b) Issue and cause to be served on such party an order to cease and desist from the unfair labor practice. Copies of the order shall be forwarded to the city and any other immediate interested party;
(c) Take action to deter continuation or repetition of the practice such as the reinstatement of employees with or without back pay; the assessment of fines, awarding damages to injured parties including costs of legal counsel representing the injured parties in the dispute; and other reasonable actions necessary to effectuate the purposes of this Code;
(d) Filings of complaints on a violation of section 2.882(1)(d) or 2.882(2)(c) shall be within ten (10) days of the occurrence or knowledge of the violation. After a complaint of violation of section 2.882(1)(d) or (2)(c) is filed, an order or dismissal shall be served within twenty (20) days of the filing, unless otherwise stipulated by the city agent and bargaining agent.
(6) If the hearings official finds that the party named in the complaint has not engaged in an unfair labor practice, the hearings official dismiss the complaint.
(7) Any party aggrieved by an order under subsections (5) or (6) of this section may petition the hearings official for reconsideration of the order within ten (10) days of its issuance. Such a petition for reconsideration shall be accompanied by an affidavit stating the basis for the petition. The hearings official shall, within ten (10) days, either set a date for rehearing the complaint or dismiss the petition.