Any rank and file City of Phoenix employee, authorized representative, or the City of Phoenix may file a charge alleging a violation of Phoenix City Code, Section 2-220 or Section 2-221.
PERB FAQ
Find answers to frequently asked questions about filing a charge with the Phoenix Employment Relations Board (PERB).
The Ordinance specifically excludes from its coverage individuals who are:
- Persons classified as judicial, supervisory, or managerial employees.
- Elected officials and appointive management officials.
- Professional employees.
- Temporary employees.
- Confidential employees who have responsibility for administering the public
employer-employee relations ordinance as part of their official duties.
Threatening employees with loss of jobs or benefits if they join or vote for an employee organization or engage in protected concerted activity.
Questioning employees about their union sympathies or activities in circumstances that tend to interfere with, restrain, or coerce employees in the exercise of their rights under the Ordinance.
Transferring, laying off, terminating, or assigning employees more difficult work tasks because they engaged in union or protected concerted activity.
When a charge is filed alleging that the City of Phoenix has committed an unfair employee relations practice in violation of the Ordinance, the parties are required to make an attempt to resolve the matter within fourteen (14) days from the date of filing.
If an informal attempt to resolve the matter is unsuccessful, it will be further processed by the Board. The charged party shall file a response to Charge in the form of an answer or motion to dismiss within 35 days following service of the charge. Following receipt of either, the case will be placed on the Board's next agenda. At the meeting the Board will weigh and determine the pleadings filed and the arguments presented. (Please see PERB Rules and REgulations pertaining to motions.)
If a charge is set to hearing, such hearing will be held before a hearing officer or PERB, at which time the parties will present evidence in support of their positions.
If, after reviewing the evidence, it appears that a violation has occurred, PERB will issue a decision to remedy the violation. Either party may seek review of the PERB order.
Prepare a draft of your charge using the appropriate form given under the Forms link on this web site or request a form from the PERB office. Make sure you cite specific times, places, people, etc. for each allegation. Charges are to be typewritten. Make sure all supporting documents are legible. The accompanying affidavit must be notarized.
Charges may be filed electronically by scanning the original documents and emailing them to the PERB mailbox at perb@phoenix.gov or filed in person at the PERB office. Upon receipt of a charge a conformed copy will be returned via email or if filed in person, given to the person delivering the charge at the time of filing. If filed electronically the date/time of email receipt will be the date/time the PERB will consider the charge filed. The charge must include a statement of the relief sought by the charging party, provided that the statement shall not limit the Board's ability to award relief based on the record.
Forms are available in the PERB office.
Within 6 months after the occurrence of the act or conduct upon which an alleged violation of Phoenix City Code, Section 2-220 or Section 2-221 is founded.