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HomeMy WebLinkAboutCC Res 5242 2004-05-24 I I I RESOLUT~ON NUMBER, 5 ~ '-I~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING PROCEDURES FOR THE ADMINISTRATION OF EMPLOYER-EMPLOYEE RELATIONS BETWEEN THE CITY OF SEAL BEACH AND EMPLOYEE ORGANIZATIONS WHEREAS, pursuant to California Government Code Section 3507(a), the City has met and consulted in good faith with the recognized employee organizations for the purposes of establishing the procedures for the administration of employer-employee relations between the City of Seal Beach and employee organizations; and WHEREAS, on May 18, 2004, the Civil Service Board of the City of Seal Beach reviewed the procedures and recommended their adoption by the City Council; NOW, THEREFORE, the City Council of the City,ofSeal Beach hereby resolves as follows: to SECTION 1. The City Council hereby approves the Employer-Employee Relations Resolution, attached hereto as Exhibit "A." SECTION 2. The City Council hereby directs the City Manager to implement and administer the procedures set forth in Exhibit "A." ' SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution. P ASSED,- APPROVED AND ADOPTED by the City Council of the City of Seal Beach on ~ LPYJ, day of 'rVJ flM- , 200~ by the following vote: ~ Councilmembers ~} ~ ~U1h-); ~tn,~ ~f ~~I f;:. AYES: NOES: Councilmembers ABSENT: Councilmembers ATTEST: if ~ l1$MJ Lind Devine, City Clerk . .., STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL B.E;ACH ) L I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number5'~if:l-on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a reg~lar meeting thereof held on the ' {) 4..J/J:.... day of vrY{ acr ' 2004. ~A [k~4 Ity lerk Resolution Number !) ~Lj.,~ EXHIBIT A TO RESOLUTION NO. 5242 ' EMPLOYER-EMPLOYEE RELATIONS RESOLUTION FOR THE CITY OF SEAL BEACH ARTICLE I - GENERAL PROVISIONS Section 1. Statement of Purpose. I It is the purpose of this Resolution to provide for orderly procedures for the administration of employer-employee relations between the City and Employee Organizations. Nothing contained in this Resolution shall be deemed to supersede the provisions of the City Charter. City of Seal Beach Municipal Code, City resolutions and rules, or any other provision of California law which establish and regulate employment, or which provide for other methods of administering employer-employee relations. This Resolution is intended to strengthen methods of administering employer and employee relations through the establishment of uniform and orderly methods of communications between employees, Employee Organizations and the City. These policies are intended to supplement and strengthen the City's Civil Service System by (1) recognizing and defining the rights of employees to join organizations for the purpose of representation on 'matters of employer-employee relations (wa,ges, hours, and other terms and conditions of employment) or to represent themselves individually in their employment relations with the City; (2) establishment of formal rules and regulations; and (3) creating a procedure to insure that all City employees and their representatives continue to be fairly treated, that their rights are maintained and that their requests are fairly heard, considered, and resolved. Section 2. City Rights. A. It is the purpose of the Resolution to provide procedures for meeting and I conferring in good faith with Recognized Employee Organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate bargaining units and that are not otherwise preempted or reserved to the City by City Charter, Municipal Code, or any other provisions of state or federal law . B. Nothing herein shall be construed to restrict any legal. reserved or inherent City rights with respect to municipal affairs, any matters reserved to the City pursuant to Article 11, Section 5 of the California Constitution, or other matters of general legislative or managerial , policy, which include, but are not limited to: th~ powers, authority and jurisdiction of the City' Council, the Civil Service Board and Civil Service System; the Personnel Rules; the exclusive right of the City to det~rmine the mission of its constituent departments, commissions and boards; set standards of service; to determine the procedures and standards of selection for employment, including b~~.'C(xpressly not limited to, the manner in which, the method by which, the times at which,;and tti~.:terms for which City officers and employees shall be elected, appointed or removc;d,.and for their compensation, for the number of deputies, clerks and other employees that each shall h~~e, and for the compensation, method of appointment, qualifications, tenure pf:qff{ce and removal of such deputies, clerks and other employees; the constitutie{!, l'egulatio~;i~d government of the City's police force; to direct its employees; to take discip1lnw'Y'''acffon; to layoff employees to maintain the efficiency of governmental operations or for other lawful reasons; to determine the content of job classifications, determine I the methods, means and personnel. if any, by which government operations are to be conducted and assigned; to contract out work; to take all-necessary actions to carry out its mission, including carrying out its mission in emergencies; and to'exercise complete control and discretion over its organization and the technology used to perform its work. C. It is further the City's right to adopt reasonable rules and regulations, after consultation with representatives of an employee organization Of organizations for the administration of this resoluti,on and for the administration of the employer-employee relations. D. The City has the right to seek all appropriate legal or equitable relief for any violations of, or failure by, any Employee Organization, Exclusively Recognized Employee I I I Resolution Number 5~4:!:... Organization and/or Recognized Employee Organization, to comply with the terms of this Resolution. In case of emergency, the City further has the right to adopt immediately an ordinance, rule, resolution, or regulation, without prior notice or meeting with a recognized employee organization, providing that such notice and opportunity to meet shall be given at the earliest practicable time following such adoption. Section 3. Employee Rights. ' A. Except as otherwise provided or authorized by law, employees of the City shall have the right to form, join and participate in the lawful activities of an Employee Organization of their own choosing for the purpose' of representation on all matters of employer-employee relations. Employees shall also have the'right to refuse to form, join or participate in the lawful activities of an Employee Organization and shall have the right to represent themselves individually in their employment relations with the City., B. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by any Employee Organization (recognized or not recognized) because of his/her exercise of any of these rights. An individual employee shall have the same rights and obligations a& an employee who is a member of a recognized employee organization. Section 4. Definitions. , l As used in this Resolution, the following terms shall have the meanings indicated: "Appropriate Bargaining Unit" or "Appropriate Unit" means a unit of employee classes or positions established pursuant to Article II hereof. "Board" means the Civil Service Board of the City of Seal Beach. "Charter" means the Charter of the City of Seal Beach, as it presently exists or as it may be amended from time to time. "City" or "Employer" means the City of Seal Beach, or any duly authorized City representative as herein defined, and all agencies, divisions and departments thereof. "Code" means the Municipal Code of the City of Seal Beach, as it presently exists, and as it may be amended from time to time. As used herein, the term "Code" means and includes any and all codified and unmodified ordinances of the City, as they presently exist or as they may be amended froin time to time. "City Manager" means the City Manager of the City of Seal Beach, as defined and established by the Charter and the Code, including any person serving on an acting or interim basis. "Classified employee" means any person compensated through the City's payroll system and assigned to a classification in the City's classified service. "Classified service" means all classifications in the city service except those in the unclassified service. "Unclassified service" shall have the meaning set forth in the City of Seal Beach Personnel Rules. "Confidential Employee" means an employee who, in the course of his or her duties, assists and acts in a confidential capacity to persons who formulate, determine, and effectuate management policies with respect to employer-employee relations, or otherwise has access to confidential information relating to employer-employee relations, as determined by the Personnel Officer. "Consult/Consultation in Good Faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended or proposed actions in an effort to reach a consensus. As distinguished from meeting and conferring in good faith regarding matters within the scope of representation as defined in Government Code Section 3504, consultation'in good faith does not involve an exchange of proposals and counter- Resolution Number ;;~4) proposals with a Recognized Employee Organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, and is not subject to Article IV hereof. "Day" means calendar day unless expressly stated otherwise. "Department head" means the administrative head or his/her authorized representative of a department or separate functional unit reporting directly to the City Manager or his/her authorized representative, including, but not limited to, the Director or Public Works, Ci,ty Engineer, Chief of Police, Fire Chief, Chief Building Inspector, Lifeguard Captain, Finance I Officer, Director of Administrative Services, Director of Development Services, Parks, Recreation & Community Service Director. "Elected officials" means the members of the City Council, the City Clerk, and the City Treasurer. "Employee" means any person employed ~y the City except members of the City Council and any member of a board or commission appointed by the City Council, or informal groups appointed by the City Manager or other management employee when the members of such groups do not receive any compensati9P "Employee Organization" means any organization which includes employees of a public agency and which has as one of its primary purposes representing those employees in their relations with that , public agency. "Employee relations" means matters relating to wages, hours and other terms and conditions of employment that the subject of meeting and conferring in good faith between the City and any individual employee, groups of employees, or recognized employee organization(s) representing City employees, but does not include any matter within the scope of municipal affairs, or otherwise reserved to the City by its Charter, by Article 11, Section 5 of the California Constitution, by the Code, or otherwise reserved to the City as specified in Article I of this , Resolution. "Exclusively Recognized Employee Organization" means an Employee Organization which has been formally acknowledged by the City as the sole Employee Org~nization representing the employees in an appropriate bargaining unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to bargaining unit employees, and thereby assuming, to the fullest extent provided by law, the corresponding obligation of fairly representing such employees. I "Full-time employee" means any person employed by the City in a position in the civil service, as defined in the Charter, Code and Personnel Rules. ",Grievance" means any dispute concerning the interpretation or application of the procedures set forth in this Resolution. Grievance does not mean or include' any dispute'over the terms of an'y initial or renewed memorandum of understanding, or a dispute over wages, hours, and/or terms and conditions of employment, the interpretation or application of the rules of the Civil Service System, the imposition of any discipline, or any other matter reserved to the Board, the City Manager, the City Council or otherwise to the City pursuant to Article I of this Resolution. ' "Impasse" means that the representatives of the City and of a Recognized Employee Organization have reached a point in their meeting and conferring in good faith ,where there are differences on matters as to which they are required to meet and confer, and the differences remain so substantial and prolonged that further meeting and conferring would be futile. I "Management employee" means an employee having responsibility for formulating, determinin~, administering, managing or implementing City policies and programs. "Management representative" means the City Manager or his/her duly authorized representative or representatives. "Mediation" means the effort by an impartial third party to assist in reaching a voluntary resolution t~ an impasse or recof.lciliation of a dispute governed by this Resolution between I I I Resolution Number 5~ 1~ representatives of the City and the Recognized Employee Organization or Recognized Employee Organizations through interpretation, suggestion and advice. "Meet and Confer in Good Faith" means performance by duly authorized City representatives and duly authorized representatives of a Recognized Employee Organization of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation, including wages, hours, and other terms ,an(l conditions of employment, in an effort to reach agree~ent on those matters. Provid~d that, neither party is required to agree to a proposal or to make a concession. Provided further, no agreement on matters within the authority of the City Council shall be binding upon the parties until approved by the City Council at a duly noticed public meeting thereof. "Non-classified employee" means any person employed by the City in a position or classification that is not included in the classified civil service or subject to civil service rules, as specified in the Charter, City Code and/or Personnel Rules. "Open Period" means any of the following: (1) the 30 (thirty) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding; (2) any time after the''terrnination date of the Memorandum of Understanding applicable to the established appropriate bargaining unit; or (3) for any Memorandum of Understanding with a tenn in excess of three (3) years, "open period" shall also include the month of March in any calendar year during which a Memorandum of Understanding will be in force for the entire calendar year without expiration. Under no circumstances shall an "Open Period" e?tist during the first full year following recognition. "Personnel Officer" means the Personnel Officer of the ~ity as defined and established by the Charter. "Personnel ~ules" means the Personnel Rules of the City, as defined in the Charter and as duly adopted and/or amended by the City Council from time to time. ' "Professional Employee" means any of the following: 1. A person or classification of employees engaged in work (a) requiring knowledge of an advanced type in a field of science or l,earning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning (as distinguished from an apprenticeship or on the job training), (b) which is predominantly intellectual and varied in character, (c) which involves constant exercise of judgment and discretion, and (d) is of such character that the output produced or result accomplished cannot be standardized to a given period of time (including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers and the various types of physical, chemical and biological scientists); 2. A person or classification of employees who have completed the courses of specialized intellectual instruction and study in clause (a) of item l' of this paragraph and are performing work und~r the supervision of a professional employee in order to qualify to become a professional employee as defined in items (1) of this paragraph. "Proof of Employee Support" means (l)tan authorization card recently signed and personally dated by ,an employee, or (2)ta verified authorization petition or petitions recently signed and personally dated by an employee, or (3)temployee dues authorization, using the City's payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deductions for more than one Employee Organization by a single employee shall not be considered as proof of employee support for,any particular Employee Organization. The only authorization that shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition. "Recognized Employee Organization" means an Employee Organization which has been formally acknowledged by the Personnel Officer as an Employee Organization that represents employees of the CJty, pursuant to Article II hereof and applicable law. "Recognized employee representative" means a duly authorized representative of a Resolution Number ~~,~ recognized employee organization. "Scope of Representation" includes all matters relating to employment conditions and employer-employee relations, including, but not limited to wages, hours and other terms and conditions of employment, except, however, that the scope of representation shall not include considerations of the merits, necessity or organization of any service or activity provided by law or executive order, any matter within the City's municipal affairs, or otherwise reserved to the City by its Charter, by Article 11, Section 5 of the California Constitution, by the Code, or otherwise reserved to the City as specified in Article I of this Resolution. Proposed amendments to this Resolution, and any other matters within the scope of Government Code Section 3507(a), are subject to meet and consult in accordance with Government Code Section 3507(a). I "Supervisory Employee" means any employee having the authority or responsibility assigned by Charter, City Code, Personnel Rules, State or federal law, or delegated by hislher department head, the, City Manager or other appropriate administrative employee, in the interest of the City, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, formally evaluate, or discipline Qther employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such City is not of a merely.routine or clerical nature, but reql:lires the use of independent judgment. . ARTICLE II - REPRESENTATION PROCEEDINGS , Section 1. Filing of Recognition Petition by Employee Organization; A. An Employee Organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization shall file a petition with the Employee Relations Officer containing the following information and documentation: (1) 'Name and address of the Employee Organization. I (2) Names and titles of its officers. (3) Names of Employee Organization representatives who are authorized to speak on behalf of the organization. (4) A statement that the Employee Organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City. (5) A statement whether the Employee Organization is a resolution of, or affiliated directly or indirectly in any manner with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization. (6) Certified copies of the Employee Organization's constitution and bylaws. (7) A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail or personal delivery will be deemed sufficient notice on the Employee Organization for any purpose. , (8) Verification of employee membership in the organization, which may be shown by employee organization payroll dues deducted or by official membership statement or authorization card. I (9) A statement that the Employee Organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, disa~ility or medical condition'or any other basis prohibited by federal or California law. , (10) The job classifications or position titles of employees in the bargaining unit claimed to be appropriate and the approximate number of employees therein. (11) A statement that the Employee Organization has in its possession proof of employee support as herein defined to establish that at least thirty (30) percent of the employees I I I Resolution Number 5~ tf'^ in the bargaining unit claimed to be appropriate have designated the Employee Organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. , (12) A request that the Personnel Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization for thC? l?urpose'of meeting and conferring in good faith. ' B. The petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by ,the duly authorized officer(s) of the Employee Organization executing it. C. The petition for recognition shall be filed with the Personnel Officer, who shall give notice to the City Council and City Manager. . Section 2. City Response to Recognition Petition. A. Upon receipt of the pe,tigon, the Personnel Officer shall determine whether: (1) The petition complies with the requirements of Section 1 of this Article II, and (2) The proposed bargaining unit is an appropriate unit in accordance with Section 7 of this Article II. B. If the Personnel Officer determines that the petition satisfies the requirements set forth in Section 2, subsection A of this Article II, he/she shall so inform the petitioning Employee Organization, shall give written notice of such request for recognition to the employees in the bargaining unit and shall take no action on said reque,st for thirty (30) days thereafter. ' C. If the Personnel Officer determines that the petition does not satisfy the , requirements set forth in Section ~, subsection A of this Article II, he/she shall offer to consult thereon with such petitioning Employee Organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning Employee Organization may appeal such determination in a~cordance with Section 10 of this Article II. Section 3. Period for Filing Challenging Petition. Within thirty (30) days of the date written notice was given to affected employees that a valid reoog",ition petition for an appropriate bargaining unit has been filed, any other Employee Organization may file a competing request to be formally acknowledged as the Exclusively Recognized Employee Organization of the employees in the same or in an overlapping bargaining unit (a proposed bargaining unit which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the bargaining unit cl8;imed to be appropriate of at least thirty (30) percent 'and otherwise in t~e same form and manner as required by Section 1 of this Article II. If such'challenging petition seeks an overlapping bargaining unit, the Personnel Officer shall call for a conference on such overlapping petitions for the purpose of ascertaining the more appropriate bargaining unit, at which time the petitioning Employee Organizations shall be heard. Thereafter, the Personnel Officer shall determine the appropriate bargaining unit or units in accordance with the standards in Section 7 of. this Article II. The petitioning Employee Organizations shall have fifteen (1'5) days from th,e date notice of such bargaining unit determination is sent to them by the Personnel Officer to amend their petitions to conform to such determination, or appeal such determination in accordance with Section 10 of this Article II. Section 4. Election Procedure. Resolution Number :r~~~ A. The Personnel Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Personnel Officer and the concerned Employee Organization(s), in accordance with the rules and procedures of the agreed party, subject to the provisions of this Resolution. All Employee Organizations that have duly submitted petitions that have been determined to conform to this Article II shall be inchided on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City by designating "no employee organization." Employees entitled to vote in such election shall be those persons employed in regular' established positions within the designated appropriate bargaining unit who were so employed during the pay period immediately I prior to the date which ended at least fifteen (15) days before the dat~ the election commences, including those who did not work during such period because of illness, vacation or other ' authorized leaves of absence, and who are employed by the City in regular established positions in the same bargaining unit on the date of the election. B. An Employee Organization shall be formally acknowledged as the Exclusively Recognized Employee Organization following an election or run-off election if it receives a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two chgices receiving the largest ,number of valid votes cast. The ~les governing an initi.al election shall apply to a run-off election. ' C. As used in this Section 4 of Article II: (1) a majority means more than half (50%) of the valid votes cast and (2) a run-off elec~ion is a subsequent election between the two choices receiving the most votes after an election involving three or more choice in which no choice received a majority of the valid votes cast. D. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the sam~ bargaining unit. ' E. In the'event that the parties are unable to agree on a third party to conduct an I election, the election shall be conducted by the California Mediation and Conciliation Service of the California Department of Industrial Relations ("CMCS"). F. Costs of c~nducting elections shall be borne in equal shares by the City and each Employee Organization appearing on the ballot. Section 5. Alternate Procedures for Recognition. A. Upon timely written request filed with the Personnel Officer, the City shall grant recognition as a Recognized Employee Organization or shall grant recognition as an Exclusively Recognized Employee Organization, as provided under any applicable statutory procedure or requirement, to a qualifying Employee Organization. B. To the extent permitted by law, an Employee Organization seeking recognition as a Recognized Empl~yee Organization or as an Exclusively Recognized Employee Organization shall file with its written request, the information specified in Article II, Section 1, sub-section A, items 1 fi 9 and any other information, statement or documentation as required by the applicable statute, including, where applicabl~, Proof of Employee Support. C. If an Employee Organization fails to file a written request or fails to supply any information, statement or documentation required by the applicable statute or sub-section B of this Section 5, the City may notify the Employee Organization of the omission and may delay recognition pending compliance. If compliance is not achieved within a reasonable time, as determined by the Personnel Officer, recognition may be denied, subject to appeal in accordance with Section 10 of this Article II. " I D. This Section 5 is intended to be procedural only and sha~1 not be interpreted to supercede or to interfere with recognition rights under any legally valid'statute. Section 6. Procedure for Decertification of Exclusively Recognized Employee Organization. A. A decertification petition alleging that an Exclusively Recognized Employee Organization no longer represents a majority of the bargaining unit employees may be filed with I I I Resolution Number .?~ '1'- the Personnel Officer only during an Open Period for that existing Exclusively Recognized Employee Organization. A decertification petition may be filed by two or more employees or their representative, or an Employee Organization. The decertification petition shall contain the following information and documentation declared by the duly authorized sig~atory under penalty of perjury to be true, correct and complete: (1) The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. (2) The name or description of the established appropriate bargaining unit and of the Exclusively Recognized Employee Organization sought to be decertified as the representative of that bargaining unit. (3) An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the bargaining unit employees, and any other relevant and material facts supporting the allegation. (4) Proof of employee support establishing that at least thirty (30) percent of the employees in the established appmpriate bargaining unit no longer desire to be represented by the Exclusively Recognized Employee Organization. Such proof shall be submitted for ' confirmation to the Personnel Officer within the same Open Period as the Open Period in which , the decertification pe,titiQn is submitted. B. In satisfaction of the decertification petition requirements hereunder, a different Employee Organization may file a petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent that includes the allegation and information required under paragraph (3) of this Section 6, and, otherwise conforms to the requirements of Section 1 of this Article II. C. The Personnel Officer shall initially determine whether the decertification petition complies with the applicable provisions of this Article II. If the Personnel Officer determines that the decertification petition does not satisfy the requirements of this Article II, the Personnel Officer shall offer to consult thereon with the petitioners and, if such determination thereafter remains unchanged, shall return such decertification petition to the petitioners with a statement of the reasons therefore in writing. The petitioners may appeal such determination in accordance with Section 10 9f this Article II. If the Personnel Officer determines that the decertification petition satisfies the requirements of this Article II, or if his/her negative determination is reversed on appeal, he/she shall give written notice of such decertification or recognition petition to the Exclusively Recognized Employee Organization and to all bargaining unit, employees. D. The Personnel Officer shall thereupon arrange for a secret ballot election to be held on or before sixty (60) days after su~h notice to determine the wishes of the bargaining unit employees as to the question of decertification and, if a recognition petition was duly filed hereunder, the question of representation. The conduct of such election shall conform to the provisions of Section 4 of this Article II., Section 7. Policy Obiectives and Standards for Determination of-Appropriate Bargaining Units. A. In determining the appropriateness of bargaining units, the City shall consider the effect of a proposed unit on (l)tthe efficient operations of the City'and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2)tproviding employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate bargaining unit shall be the broadest feasible grouping of positions that share an identifiable , community of interest. Factors to be considered shall include, but shall not be limited to, the following: (1) Similarity of the general kinds of work performed, types of qualifications .required, the general working conditions, common supervision, and other factors generally considered in determining community of interest. (2) History of representation in the City and similar employment; except Resolution Number 5;,4~ however, that no unit shan be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed u~it have organized. (3) Consistency with the organizational patterns of the City. (4) Number of employees and classificatipns, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of bargaining units. (5) Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing related classifications between two or more bargaining units; and provided that single classifications shall not be divided into two or more uni ts. I (6) The existence of actual or potential conflicts of interest among groups of employees. , . (7) Effect of differing legally mandated recognition or impasse requirements. to (8) Employee representation- units shan be as large as possible in order to simplify administration and to effectuate the purposes of this Resolution. (9) , ~he unit will assure tJ:te employer the greatest freedom in the exercise of rights granted under this resolution. (10) Whether management officials at the level of the proposed representation unit have the authority to agree to make effective recommendations to other higher administrative authority and the management representative with respect to the terms and conditions of employment subject to meeting and conferring in good faith. B. In the establishment of employee representation units: I (1) Notwithstanding the foregoing provisions of this Section 7, managerial, supervisory and confidential responsibilities, are factors that may be used in establishing appropriate bargaining units hereunder. (2) Notwithstanding the foregoing provisions of this Section 7, classified employees may only be included in a unit or units consisting solely of other classified employees. (3) Notwithstanding the foregoing provisions of this Section 7, Professional Employees shall not be denied the right to be represented separately from non-professional employees by a professional Employee Organization consisting of such Professional Employees. (4) Peace officers may be required to be represented in separate units comprised solely of peace officers. These units shall not be represented by an organization that directly or indirectly is subordinate to any other employee organization that includes non-peace officers. c. The Personnel Officer shan, after notice to and consultation with affected Recognized Employee Organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions I from bargaining units in accordance with the provisions of this Section 7. The decision of the Personnel Officer shall be final. Section 8. Procedure for Modification of Established Appropriate Bargaining Units. A. Requests by Recognized Employee Organizations for modification of or to established appropriate bargaining units may be considered by the Personnel Officer only during an Open Period (as defined in Article I, Section 4). In the event that a Recognized Employee Organization seeks to modify a bargaining unit or units represented by another Recognized Employee Organization, such a request may only be made during the Open Period of such other Recognized Employee Organization. I I I Resolution Number 5dt tfJ- B. Request to modify established bargaining units shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Section 1 of this Article II, shall contain a complete st~tement of all relevant facts and citations in support of the proposed modified bargaining unit in terms of the policies and standards set forth in Section 7 of this Article n. The Personnel Officer shall process such petitions in accordance with the procedures for Recognition Petitions under Article n. C. During an Open Period of an Exclusively Recognized Employee Organization, the Personnel Officer may on his/her own motiqn propose that an established bargaining unit or units of such Exclusively Recognized Employee Organization be modified. The Personnel Officer shall give ,written notice of the proposed modifications(s) to any affected Recognized Employee Organization and shall hold a meeting concerning the proposed modification(s), at which time all affected Recognized Employee Organizations shall be heard. Thereafter the Personnel Officer shall determine the composition of the appropriate bargaining unit or units in accordance with Section 7 of this Article II, and shall give written notice of such determination to the affected Recognized Employee Organizations. The Personnel Officer's determination may be appealed as provided in Section 10 of this Article II. If a bargaining unit is modified pursuant to the motion of the Personnel Office~hereunder, Employee Organizations m,ay thereafter file, within thirty (30) days of receipt of the Personnel Officer's written notice of any modification of a bargaining unit, Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new bargaining unit or units pursuant to,Section 1 of this Article II. Section 9. Severance Requests. An Employee Organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already part of a larger established unit represented by another recognized employee ' organization. The timing, form and processing of such request shall be as specified in Section 8 for modification requests. In the event that an Employee Organization seeks to modify a bargaining unit or units represented by another Recognized Employee Organization, such a request may only be made during the Open Period of such other Recognized Employee Organization. Section 10. Appeals. A. If the City Manager has not designated himself/herself as the Personnel Officer, the following appeal procedures shall apply: (1) An Employee Organization and/or Exclusively Recognized Employee Organization aggrieved by an appropriate bargaining unit determination of the Personnel Officer under this Article or an Employee Organization aggrieved by a determination of the Personnel Officer that a recognition petition (Article II, Sections'l or 5), response to recognition petition (Article II, Section 2), challenging petition (Article II, Section 3), decertification petition (Article II, Section 6), modification petition (Article II, Section 8), or a severance request (Article II, , Section 9), has not been filed in compliance with the applicable provisions of this Article may, within fifteen (15) days of notice of the Personnel Officer's final determination; appeal the determination, to the City Manager. ' (2) Appeals to the City Manager shall be filed in writing with the City Manager, and a copy thereof served on the Personnel Officer. The City Manager shall commence to consider the matter within thirty (30) days of the filing of the appeal, and shall meet with the appealing party and any other interested persons, as deterinined in his/her sole discretion. The,City Manager shall give written notification of his/her final decision. Appeals from the decision of the City Manager shall be filed within fifteen (15) days of the City Manager's de~ision in accordance with Section B of this Article II. '(3) If no timely appeal is filed with the City Manager, the decision of the Personnel Officer shall be final and binding. ' B. If the City Manager has designated himself/herself as the Personnel Officer, the following appeal procedures shall apply: Resolution Number 5Jvl./J- (1) An Employee Organization and/or Exclusively Recognized Employee Organizati<;>n aggrieved by an appropriate bargaining unit determination of the Personnel Officer under this Article or an Employee Organization aggrieved by a determination of the Personnel Officer that a recognition petition (Article II, Sections 1 or 5), response to recognition petition (Article II, Section 2), challenging petition (Article II, Section 3), decertification petition (Article II, Section 6), modification petition (Article IT, Section 8), or a severance request (Article II, Section 9), has not been filed in compliance with the applicable provisions of this Article may, within fifteen (15) days of notice of the Personnel Officer's final determination, appeal the determination, to the City Council. I (2) Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the City Manager. The City Council shall consider the appeal within forty-five (45) days of the filing of the appeal. In its sole discretion, the City Council may refer the matter to the State Mediation & Conciliation Service or other third party for fact-finding , or mediation. Except as otherwise directed by the City Council, the third party shall make a written recommendation to the City Council. The City Council shall consider the third party's recommendation for resolving the dispute, and may adopt the recommendation, adopt the recommendation after modifying it, oPofeject the recommendation and issue a different decision. Prior to issuing its final decision, the City Council shall allow interested parties the opportunity to present their respective argument and evidence to the City Council, including testimony under oath as deemed necessary by the City Council. The City Council shall give written notice of its decision. The decision of the City Council ~hall be final and binding. C. Failure to appeal a decision within the required time limits, shall constitute a waiver of the appeal. D. The costs for the services of any mediation or other third party mediation and/or hearing process, if any, or any other mutually incurred costs of appeal, shall be borne equally by the City and the aggrieved Employee Organization(s). E. All mediation and fact-finding proceedings conducted by the State Mediation & Conciliation Service or other third party under Section B of this Section 10 shall be private, and the State Mediation & Conciliation Service or other third party shall make no public recommendation, or take any public position at any time concerning the issues. I ARTICLE lIT - MEET AND CONFER Section 1. Scope of Meet and Confer. A. Management representatives and representatives of Exclusively Recognized Employee Organizations may, by mutual agreement, meet and confer, or consult on matters which are not required providing such matters are not pro,hibited by this Resolution. ,B. Notwithstanding any other provision of this Article, neither party is required to agree to a proposal or to make a concession during the meet and confer process. Section 2. Approval of Agreement. No agreement on matters within the authority of the City Council shall be binding upon the parties until approved by the City Council at a duly noticed public meeting thereof. ARTICLE IV - ADMINISTRATION I Section 1. Submission of Current Information by Recognized Employee Organizations. All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items (1) through (12) of its Recognition Petition shall be submitted in writing t~ the Employee Relations Officer within fourteen (14) days of such change. Section 2. Employee Organization Activities - Use of City Resources. A. Subject to appeal to the City Council, the City Manager is hereby authorized to establish I I I Resolution Number 5J,tj.~, '; such rules and procedures as appropriate to govern the activity of Employee Organizations and , Exclusively Recognized Employee,Organizati~ns on City property; provided that: (1) Non-employees shall not have access to non-public work areas of the City without the permission of the Personnel Officer. (2) City facilities otherwise open to the public may be made available for use of City employees, Employee Organizations, Exclusively Recognized Employee Organizations and/or their representatives in accordance with applicable City administrative procedures governing their use. ' (3) Access to City work locations and the use of City time, facilities, equipment and other resources by Exclusively Recognized Employee Organizations and those representing them shall be authprized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer-employee relationship and not such internal Employee Organization business as soliciting me~bership, campaigning for office, and the organization's meetings and elections, and shall not interfere with the efficiency, safety and security of City operations. (4) An Exclusively Recognized Employee Organization may be allowed to use space on available Cjty bulletin boards provided it does not interfere with the needs of the City; and provided further that such terms apd conditions of use are set forth in a negotiated memorandum of understanding with the City. (5) Solicitation for membership or other internal business of an Employee Organization and/or Exclusively Recognized Employee Organization shall be conducted during non-duty hours of all employees concerned, and shall not take place in any work area of any City employee. As used herein, th~ term "non-duty hours" shall include any release time approved by the City or otherwise' negotiated in any memorandum of understanding. B. Payroll deductions for recognized employee organizations may be made for membership dues to such organization in accordance with established City administrative procedures and applicable law. C. Each recognized employee organization shall be given reasonable written notice of any ordinance, rule, regulation or proposal directly relating to matters within the scope of the definition of meeting and conferring. ARTICLE V - GRIEV ANCES Section 1. Scope of Grievance Procedures: exclusions. Any Employee Organization and/or Exclusively Recognized Employee Organization aggrieved by any determination made by the Personnel Officer under this Resolution may file a grievance under this Article. Provided that, no grievance shall be filed with respect to any matter otherwise subject to the appeal process set forth in Article II of this Resolution, or any matter not within the scope of a grievance as defined in Article I, Section 4 of this Resolution. Section 2. Timing. No grievance shall be filed or considered if it is not filed in within fifteen (15) days after the incident or decision generating the alleged grievance. Section 3. Procedures. A. Grievances shall be filed in writing by the City, with the Personnel Officer. Any document intended to be a grievance shall include the word "Grievance" on the face of the document. The Personnel Officer shall commence to consider the grievance within fifteen (15) days of the filing of the grievance, and shall meet with the grievant and any other interested persons, as determined in hislher sole discretion. The Personnel Officer shall give written notification of his/her decision on the grievance. Resolution Number 5~ 1;. B. If the decision of the Personnel Officer does not resolve the grievance, the grievant may file an appeal to the City Council within ten (10) days of the Personnel Officer's final decision on the grievance. C. Appeals to the City Council shall be in writing, and shall be submitted to the City Clerk. Any document intended to be an appeal, shall include the word "Appeal" on the face of the document. The City Council shall consider the appeal within forty-five (45) days of the filing of the appeal. In its sole discretion, the City Council may refer the matter to the State Mediation & Conciliation Service or other third party for fact-finding or mediation. Except as otherwise directed by the City Council, the third party shall make a written rec~mmendation to' the City Council. The City Council shall consi<Jer the third party's rec<;>mmendation for resolving the dispute, and may adopt the recommendation, adopt the recommendation after modifying it, or reject the recommendation and issue a different decision. Prior to issuing its final decision, the City Council shall allow interested parties the opportunity to present their respective argument and,evidence to the City Council, including testimony under oath as deemed necessary by the City Council: The City Council shall give written notice of its decision on the grievance. The decision of the City Council shall be final and binding. I D. Failure to appeal a decis.ion within the required time limits shall constitute a waiver of the appeal. E. The costs for the services of any mediation or other third , party mediation and/or hearing process, if any, or any other mutual.y incurred costs of appeal, shall be borne equally by the City and the aggrieved Employee Organization(s). ' Section 4. Limitations. Nothing in this section shall be deemed to supersede the authority of the City Manager, the Personnel Officer, the Board, or the City Council. . ARTICLE VI - IMPASSE PROCEDURES I Section 1. Initiation of Impasse Procedures. A. If, after a reasonable period of time, the meet and confer process has reached impasse, either party may initiate the impasse procedures by. filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. The Personnel Officer shall schedule an impasse meeting promptly. B. The purpose of such meeting shall be: (1) To review the positions of the parties in a final effort to reach agreement on issues in dispute as to which they are required to meet and confer; (2) To identify and specify in writing the issue or issues that remain in dispute; and (3) If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided in Section 2, below, or as may otherwise be established by mutual agreement. Section 2. Impasse Procedures. I A. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All medi~tion proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. Moreover, the mediator shall not testify in any court proceeding concerning the parties. B. If the parties fail to agree to submit,the dispute to mediation, fail to agree on the selection of a mediator, or having so agreed, the impasse is not resolved, the parties shall submit the impasse to the City Council. I I I Resolution Number 5~<I)l C. The City Council shall hear a presentation from represe~tatives from each party before taking any action in the public interest regarding the impasse as the City Council in its discretion deems appropriate. Any substantive action by the City Council on the impasse shall be final and binding. Section 3. Costs of Impasse Procedures. The costs for the services of a mediator, and other mutually incurred costs of mediation, shall be borne equally by the City and the Recognized Employee Organization(s). ARTICLE VII - MISCELLANEOUS PROVISIONS Section 1. Implementation. It is the policy of the City to provide for the orderly, systematic, and coordinated administration of all matters involving employee relations. After consultation by management representatives with representatives of all recognized employee organizations, the City Council may adopt such additional rules ancJ regulations necessary or convenient to implement and coordinate the policies and procedurelJ.set forth in this Article and/or any other provision of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.), which shall be applicable to any or all departments, agencies, or boards of the City in establishing and enforcing the employee relations program provided for herein. Nothing in this resolution shall prevent the Personnel Qfficer or City M~ager from promulgating regulations governing relations between the City and employees, Employee Organizations and Exclusively Recognized Employee Organizations. Section 2. Construction. A. Nothing herein shall be construed to deny to any person, Employee Organization, , the City, or any authorized officer, body or other representa,tive of the City', the rights, powers and City granted by the Charter, or any other rights established under federal or state law. B. Article 1. , ' This Resolution shall be interpreted so as to carry out its purposes as set forth in C. The rights, powers and duties of the City Council, in all matters, including the right to maintain legal action, shall not be modified or ,restricted by this Resolution. D. The enactment of this Resolution shall not be construed as restricting the City Council from modifying or changing any rule, regulation or ordinance (after such notice and/or consultation as may be required) relating to civil service or employee relations matters. This Resolution shall further not be construed as modifying any obligation of the City to meet and confer over mandatory subjects of bargaining as may applicable under California law. E. Nothing herein shall be construed (1) as making the provisions of Labor Code Section 923 applicable to, City employees or Exclusively Recognized Employee Organizations; or (2) as making the provisions of Labor Code Sections 1961 and 1962 inapplicable to City empl<?yees or Exclusively Recognized Employee Organization. c:%"~. ,6