HomeMy WebLinkAboutCC Ord 769 1968-10-21
-,..........
I,
.' .
, .
"
, '
"
" ,
,'.
, <
.. ,
.
f ..---....._'"I"v....,.. ~I
I (": -'~"', r:'''=T",n Cr'lF'''t !
I L.:' i 'i"v ""I. r~ ::; N ~ ,l, ~
T.-1E CITY CLERI~':; Oi-I=,Cr. ~ ORDINANCE NUMBER --.:::1..li
=-1'--- AN ORD~~~CE OF THE CITY OF SEAL BEACH, CALIFORNIA, A
CHARTER CITY, RELATING TO PUBLIC EMPLOYEE RELATIONS.
I.
The City Council of the City of Seal Beach does ordain as follows:
Section 1. Title Of Ordinance.
This ordinance shall be known as the Public Employee Relations
Ordinance of the City of Seal Beach.
Section 2. Purpose Of Ordinance. Statement of Policy.
It is the pa1icy of the City of Seal Beach to comply with the provisions
of the Meyers-Mi1ias-Brown Act and other applicable state laws relating
to the promotion of communication and good relations between the city
and its employees.
It is the policy of the City of Seal Beach to protect the public by
assuring at all times the orderly and uninterrupted operations and
services of the city government, and to promote full communication
between the city and its employees, and to continue the good personal
management and employer-employee relations between the city and its
employees.
These policies are intended to supplementearldnstrengthen the city 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 (wages, hours, and other terms and condi-
tions 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 3. Definitions.
As used in this ordinance the following;terms shall have the meanings
indicated:
(a) "Employee Relations" means matters relating to wages,
hours, and other terms and conditions of employment that are 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.
(b) "Employee Organization" means any lawful organization
which has as'~one of its primary and major purposes representing such
employee in his relations with the city and which has received a certi-
ficate from the Personnel Officer; provided, however, that said organi-
zation shall not receive said certificate from the Personnel Officer
unless it is in compliance with all provisions of this ordinance.
i
(c) "Recognized Employee Organization" means an employee
organization that has received a certificate from the Personnel Officer
and is recognized as provided herein as representing the majority of
the employees in an appropriate employee representation unit.
!~
I
I
I
"
',. ~. ..",
Ordinanc~ N~er
:
,.. ..'
(d) "Recognized Employee Representative" means a duly
authorized representative of a recognized employee organization.
(e) "Employee Representation Unit" means a unit established
pursuant to this ordinance.
(f) "Employee" means any person employed by the City of
Seal Beach except members of the City Council and any member of a
board or commission appointed by the Council, or informal groups
appointed by the City Manager or other management employee when the
members of such groups do not receive any compensation.
(g) "Full-time Employee" means any person employed by the
city in a position in the classified civil service.
(h) "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.
(i) "Elected Officials" means the members of the City Council,
the City Clerk, and the City Treasurer.
(j) "Board" means the Civil Service Board of the City of
Seal Beach.
(k)
Seal Beach.
"City Council" means the City Council of the City of
I
(1) "Personnel Officer" means the personnel officer of the
City of Seal Beach as defined and established by City Charter.
(m) "City Manager" means the City Manager of the City of
Seal Beach as defined and established by City Charter and the Code
of the City of Seal Beach.
(n) "Department Head" means the administrative head ( or his
authorized representative) of a department or separate functional unit
reporting directly to the City Manager (or his authorized representa-
tive), including, but not limited to, the Director of Public Works,
City Engineer, Chief of Police, Fire Chief, Chief Building Inspector,
Lifeguard Captain, Finance Officer, Head of Business Services.
(0) "Administrative Employee" or "Management Employee" means
any employee having significant responsibilities for formulating and
administering city policies and/or programs, and includes, for the
purpose of this ordinance, members of the city council, elected offi-
cials, the city manager, department heads and any other employees who
are so designated by the Personnel Officer based upon the recommenda-
tions of the department head or department heads concerned and the
City Manager.
(p) "Confidential Employee" means an employee who is privy to
decisions of management or administrative employees in matters affect-
ing employee relations, as determined by the Personnel Officer.
I
I
I
:
Or~inapce.~wmber
',' ..
"
"
.". Of;
(q) "Professional Employee" me~ns
l. a person or classification of employees
engaged in work (a) requiring knowledge of
an advanced type in a field of science or
learning customarily acquir.ed by a prolonged
course of specialized intellectual instruc-
tion and study in an instit~tion of higher
learning (as distinguished 'from an appretice-
ship or on-the-job training), (b) which is
predominantly intellectual ~nd 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 stan~ardized to a given
period of time; and '
2. a person or classification of employees who
have completed the courses of specialized
intellectual instruction and study in clause (a)
of item 1 of this paragraph: and are performing
work under the supervision of a professional
employee in order to qualify to become a pro-
fessional employee as defined in items (1) of
this paragraph.
(r) "City" or "Employer" means the City of Seal Beach and
includes all agencies thereof.
(s) "Ordinance" means, unless o'therwise specified herein,
the EMPLOYEES RELATIONS ORDINANCE of the City of Seal Beach.
,
(t) "Management Representative"; means the City Manager or
his duly authorized representative or representatives.
,
i
(u) "Supervisor" or "Supervisory Employee" means any employee
having the authority of responsibility assigned by state law or an
ordinance of the city, or delegated by his department head, or other
appropriate administrative employee, in the interest of the employer,
to direct the activities of other employees and/or to assign, discip-
line, hire, transfer, suspend, layoff, promote, discharge, or reward
other employees, to adjust grievances:of employees under his super-
vision and direction, and/or to effective~y recommend such actions
providing that such recommendations are not merely of clerical nature
by involve the use of independent judgme,nt.
,
(v) "Fact Finding" means identification of the major issue
or issues in a particular difference bebween employer and a recognized
employee organization, review of the pos,itions of the parties, resolu-
tion of factual differences by one or mo~e impartial fact finders, and,
in the discretion of the fact finders, the making of recommendations
for settlement.
(w) "Mediation" means the effor:ts of an impartial third
,
person or persons, functioning as inter~ediaries, to assist in reach-
ing a voluntary resolution to an impass ~nd/or to reconcile a difference
regarding employee relations between the' employer and recognized
employee organizations, by interpretatio~, suggestion, and/or advice.
I
I
I
Ordinan~e' Numb'er
.
" ',.
,',
.:
(x) "Meet and Confer" means performance by the management
representative and the recognized employee representative of a
recognized employee organization of their mutual obligations to meet
at reasonable times and to confer in good faith with respect to wages,
hours, and other terms and conditions of employment, and includes the
mutual obligation to execute a written document incorporating any
agreement reached; provided that such agreements on matters within
the authority of the City Council shall not be binding upon the
parties until approved by the City Council at a regular meeting
thereof.
(y) "Impasse" means a deadlock in negotiations between a
recognized employee organization and the management representative
over any matters subject to meeting and conferring and/or negotiations,
or over the scope of the subject matter ,of negotiations.
(z) "Days" mean calendar days.
(aa) "Grievance" means any dispute concerning the interpre-
tation or application of this ordinance, or of a memorandum of
understanding between the city and a recognized employee organization,
or of rules and regulations governing personnel practices or working
conditions. "Grievance" does not mean or include a dispute over the
terms of an initial or renewed collective agreement or a dispute over
wages and hours, initial terms and conditions of employment, or
interpretation and/or application of civil service rules and regulations.
Section 4. Employee Rights. ,
(a) Employees of the city shall have the right to refuse to
join or participate in the activities of employee organizations and
shall have the right to represent themselves individually in their
employment relations with the city, and ~o employee shall be inter-
fered with, intimidated, restrained, coe'rced,; or discriminated against
by the city or by any employee organization (recognized or not
recognized) because of his exercise of these rights. An individual
employee shall have the same rights and obligations as an employee
who is a member of a recognized employee organization.
(b) Employees of the city shall, also have the right to form,
join, '. and participate in the activities of employee organizations of
their own choosing for the purpose of representation and meeting and
conferring with management representatives on matters of employee
relations.
Section 5. Employee and Employer Organization Obligations.
(a) Standards of Conduct. The Personnel Officer shall
,
not issue a certificate, and recognition shall not be accorded to any
employee organization until such organization provides for explicit
and detailed provisions calling for the ~ollowing:
I
,
I
I
I
Ordinance, Number
"
"
r. ..;
1. The maintenance of democratic procedures and
practices, including provisions: for periodic
elections conducted subject to recognized safeguards
and provisions defining and securing the right of
individual members to participate in the affairs of
the organization, to fair and equal treatment under
the governing rules of the organization, and to fair
process in disciplinary proceedings.
2. The exclusion from office in the organization of
persons affiliated with Communist or other totalitarian
movements, and persons identified with unlawful and/or
corrupt influences.
3. The prohibiting of business or financial interests
on the part of organization officers, agents, and
representatives who conflict with their duty to the
organization and/or its members.
4. The maintenance of fiscal integrity in the conduct
of the affairs of the organization, including, but not
limited to, provisions for accounting and financial
controls and regular financial reports to be made
readily available to the members of the organization.
5. The acceptance of membership from any employee in
the appropriate representation unit, unless prohibited
by this ordinance O~ state law, for failure to tender
initiation fees and dues uniformly required as a con-
dition of acquiring and retaining membership,provided
that an employee organization may enforce discipline
in accordance with procedures under its constitution
or by-laws.
6. Non-discrimination against any empl9yee'in regard
to the terms and conditions of membership because of
race, color, creed, or national origin.
b. Unfair and Prohibited Practices. Employees (including
non-classified employees) and employee organizations are prohibited
from:
l. Interferring with, restraining, or coercing management
or any employee in the exercise of the rights set forth
in this ordinance or his rights under the Constitution
of the United States ~ the Constitution of the State of
California, or his rights under the city's charter,
civil service rules and regulations, and other ordinances.
I
I
I
Ordinanc~ Number
.~ .:
2. Attempting to induce management or any supervisory
employee to coerce any employee 'in the enjoyment of his
rights as set forth in item 1 above, or in other sections
of this ordinance.
3. Coercing or attempting to coerce, or disciplining
any member of the employee organization or any employee
of the city as punishment or reprisal for, or for the
purpose of hindering or impeding his discharge of his
duties owed as an officer or employee of the city.
4. Calling or engaging in any strike, work stoppage,
slow down, or related picketing engaged in as a substi-
tute for any strike, work stoppage or slow down,
against the government of the city.
5. Discriminating against any employee with regard to
terms or conditions of membership in an employee
organization because of race, color, creed, or national
origin.
6. After receipt of reasonable notice to refuse to meet
and confer in good faith with the management representa-
tive and/or upon reaching a voluntary agreement to decline
to reduce said agreement to writing and to execute same.
7. To fail or refuse to cooperate with the Civil Service
Board or with any mediator, fact finder, or arbitrator
designated by the Board.
Section 6. Employer Rights.
No provision of this ordinance is intended, not shall it be construed,
to modify or change any of the duties or powers vested by charter or
by law in the City Council, City Manager, or other city officials, or
t~e Civil Service Board; nor shall any provision of this ordinance be
construed to modify or change the power 'of the city, its management
representative, or its administrative o~ficers and employees to make
all decisions of a managerial and administrative character, including,
but not limited to, what services shall be performed, by what methods
and techniques, under what circumstances and conditions, and by what
personnel and how the persons employed by the city are to be employed
and assigned. It is the exclusive right of the city bO determine the
mission of each of its agencies and/or 4epartments, set standards of
service to be offered to the public, and to exercise control and dis-
cretion over its organization and operations. It is also the right
of the City, through its duly constitut~d officers, to direct its
employees, take disciplinary action for :proper cause, relieve its
employees from duty because of lack of wQrk or for other legitimate
reasons and to determine the methods, means, and personnel by which
the city's operations are to be conducted.
It is further the city's right to adopt reasonable rules and regulations,
after consultation with representatives of an employee organization
or organizations for the administration of this ordinance and for the
administration of the employer-employee relations.
I
I
I
, .
Ordinan,ce Number
The city has the further right to withdraw, suspend, or deny recog-
nition of an employee organization upon a showing of failure of said
organization to comply with provisions of this ordinance.
The city has the right to adopt immediately an ordinance, rule,
resolution, or regulation, in case of emergency, 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 said adoption.
Section 7. Employer Obligations
(a) Standards"of Conduct. The city shall not deny, suspend,
or withdraw recognition of an employee organization and the Personnel
Officer shall not deny, suspend, or withdraw his certificate of an
employee organization without a showing of a failure to comply with
this ordinance and until city has first given notice to the organiza-
tion of the'deficiency and has further given the employee organiza-
tion a reasonable opportunity to make any modification or amendments
or take any action that my be required.
b. Unfair and Prohibited Pttactices. The city or its officers
and agencies shall not engage in the following:
l. Interfere with, restrain, or coerce any employee
or employee organization in the exercise of his rights as
set forth in this ordinance, in.the charter, or the code
of the city, or in the Constitu~ions of the United States
er the State of California. I
2. Encourage or discourage membership in any employee
I
organization by discrimination in regard to hiring, tenure,
promotion, or other conditions of employment.
,
,
3. Sponsor, control, contrioute financial support,
or otherwise assist any employee organization, except
that city may furnish assistance where and when consistent
with the best interests of the city, its employees, and
the employee organization, and where and when such assis-
tance, if requested, is on an impartial basis.
4. Discipline or otherwise discriminate against any
employee because of his lawful and recognized activities
connected with an employee organization.
5. Refuse to meet and confer in good faith with a
recognized employee organization on employer-employee
relations matters.
I
6. Refuse to accord recogrlition to an employee
organization qualified by the conditions of this
ordinance for such recognition. :
7. Coerce or influence
choice to join or to refrain
organization.
,
any employee
from joining
I
in his free
any employee
8. Refuse QJ:: fail to cooperate with any arbitrator,
fact finder, or mediator designated by the Civil
Service Board.
I
I
I
Ordinance Number
". ,
".
c
Section 8. Scope Of Meeting And Conferring.
a. The scope of meeting and conferring between management
representative and the representative of a recognized employee
organization shall include all matters relating to employment condi-
tions including wages, hours, and other terms of employment within
the employee representation unit. .
b. The scope of meeting and conferring and/or negotiations
between the management representative and the representative of a
recognized employee organization shall not relate to any subject
(1) with respect to which jurisdiction is vested by the city charter
in the Civil Service Board; (2) nor to the manner in which the city
government is organized and its officers elected or appointed;
(3) nor to issues of public policy; (4) nor to the modification of
this ordinance; (5) nor to any subject preempted by federal or state
law, or by city charter; (6) nor on employee or employer rights,
obligations and unfair and prohibited practices as defined in Sections
4, 5, 6, and 7 above; (7) nor to proposed amendments to this ordinance
or to the city charter.
c. Management representatives and representatives of
recognized employee organizations may, by mutual agreement, meet and
confer, or consult on matters which are not required providing such
matters are not prohibited by this ordinance.
Section 9. Procedures For Employee Representation Units
And Recognized Employee Organizations.
a. A petition for certification as a recognized employee
organization may be filed with the Personnel Officer by an employee
organization, together with a statement signed by its presiding
officer and secretary showing:
l. Name and mailing address of the organization.
2. Names and titles of it~ officers and
board of directors.
3. A certified, true copy:of its constitution and/or
by-laws which contains a statement that the organization
has as one of its primary purposes representing employees
of the city in their relations with the city.
4. A statement that the organization has no restric-
tion on membership based on race, color, creed, national
origin, or sex.
5. Verification of employee membership in the organi-
zation which may be shown by emPloyee organization payroll
dues deducted or by an official membership statement or
authorization cards.
6. An acknowledgement, in writing, signed by a duly
authorized officer of the organization, that the
organization agrees to all the provisions of this
ordinance.
I
I
I
Ordinance, Number
.,'
"'. .
7. A designation of those persons, not exceeding two
in number, and their addresses, to whom notice sent by
regular United States mail or served personally, will be
deemed sufficient notice on the organization for any
purpose.
b. The petition for a representation unit and/or a recognized
employee organization must be accompanied by proof of employees approval
equal to at least fifteen per cent (15%)1 of the total full"time city
employees, together with proof of employees approval equal to at least
fifty per cent (50%) of the employees within the proposed representa-
tion unit )provided that upon a showing that the approval of the
petition by a number equal to fifteen per cent (15%) of the total fu1l-
time city employees is not possible because of the limitations and
requirements concerning professional employees, management employees,
supervisory employees, and confidential employees not being in the
same unit with non-supervisory, non-confidential employees, and non-
management employees as the case may be, the petitioning organization
may request a waiver of this requirement from the Personnel Officer.
c. The petition for certification as a recognized employee
organization or for a representation unit shall be filed with the
Personnel Officer who shall give notice of filing to the City Council
and the City Manager, and may submit his recommendation to the City
Council and the City Manager as to the appropriateness of the
representation unit. He shall also give notice of the filing to the
employees in the proposed unit. Petitions for the establishment of
a representation unit and certification as a recognized employee
organization may be combined.
d. An appropriate employee rep~esentation unit shall be
determined on the following factors among others:
1. Employee representation units shall be as
large as possible in order to simplify administratmon
and to effectuate the purposes of this ordinance.
2. The unit will assure the employees the greatest
freedom in the exercise of rights granted under this
ordinance.
3. The history of emp1oyer"emp10yee relations in
the proposed unit and between the city and its employees.
4. The effect of the unit on the efficient and
effective operation of the public service and sound
employee relations.
5. The community of interest of the employees.
6. 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 representa-
tive with respect to the terms and conditions of employ-
ment subject to meeting and conferring in good faith.
I
I
I
Ordina~ce Number
.
e. In the establishment of employee representation units:
1. Professional employees shall not be included
in a representation unit with non-professional employees
unless a majority of such professional employees vote
for inclusion in such unit.
2. Supervisory employees shall not be included in
a representation unit with non-supervisory employees
unless such supervisory employees are in the same classi-
fication as non-supervisory employees, provided, however,
that in such event, said superv~sory employees shall not
participate in the employee (either certified or recognized)
organization as a representative in its dealings with
management representatives. :
3. Management, administrative, and confidential
employees shall not be included in the same unit with
non-management, non-administrative, or non-confidential
employees.
f. If employee organization desires to challenge the appro-
priateness of the proposed representation unit and/or seek to establish
a different unit, it shall, within ten (lO) days after a posted notice
of receipt of a petition for recognized and/or establishment of a
representation unit by the Personnel Officer, file a petition request-
ing a unit determination by the Civil Service Board. Said petition
must be accompanied by proof of employe~ approval equal to at least
thirty per cent (30%) of the employees in the unit and must conform
to other requirements of the petition requesting recognition of an
employee organization if such is the subject of the challenge.
If the City Council decides to challenge the appropriateness of the
proposed representation unit, and/or seek to establish a different
unit, it shall within ten (10) days, direct the Personnel Officer to
file notice with the Civil Service Board requesting a determination.
If a challenge is lodged, the Personnel Officer shall notify the
original petitioner in writing. If an amended petition is not filed
within seven (7) dyas of such notice, the original petition and
challenge shall be transmitted to the Civil Service Board. Upon the
filing of an amended petition the original petition shall be revoked
and the~amended petition shall be considered on its own merits as if
originally filed.
If a challenging petition has been duly filed, and the challenge has
not been resolved by amendment or withdrawn, the Personnel Officer
shall transmit the petition and challenge to the Civil Service Board.
The Board shall conduct a hearing not less than ten (10) days or more
than fifteen (l5) days after receipt of ,said petition and challenge
and shall determine the appropriate representation unit or anits.
In determining the appropriate unit or units, the Board shall make
its determination on the factors stated in Section 9 (a), (b), (c),
and (d). The Board may adopt rules governing the hearing and may
consolidate petitions for hearings. The decisions of the Board shall
be final and shall be transmitted to the City Council and petitioners.
Such hearings as may be held may be continued from time to time.
I
I
I
Ordinance Number
. ,
. '. .-. .
" ,
g. If a petition is filed by an employee organization
requesting recognition as the representative of a unit and such peti-
tion is determined by the Personnel Officer to be proof of employee
approval greater than fifty per cent (50%) of the employees within
the representative unit, and a challenge is not filed within ten (lO)
days, the Personnel Officer shall certify the petitioner as the
recognized employee organization of the representation unit. If a
challenging petition is filed against such a majority petition within
the prescribed ten (lO) days and is accompanied by proof of employee
approval equal to at least thirty per cent (30%) of the employees
within the representation unit, the Personnel Officer shall cause a
secret ballot election to be held in accordance with the following:
1. The ballot shall include a choice
of no organization.
2. Employees entitled to vote in a representation
election shall be those employees with the representation
unit whose names appeared on the payroll immediately
prior to the date of election. .
An employee organization in such instance shall be certified by the
Personnel Officer as the recognized employee organization within the
representation unit only if at least sixty per cent (60%) of the
employees eligible to vote within the r;presentative unit cast thetr
vote, and if a majority of those casting valid ballots at said
election chooses said organization. Iflan election where none of the
choices receives a majority of the valid ballots cast, or if less than
I
sixty per cent (60%) of those eligible to vote do so, a run-off elec-
tion shall be conducted between the two!choices receiving the largest
number of ballots cast and providing at 'least sixty per cent (60%) of
those eligible to vote cast their ballots, the choice receiving the
largest number of valid ballots shall determine the representing
organization or no organization as the case may be. In the event
less than sixty per cent (60%) of those,e1igible to vote do so in said
run-off election, then no organization shall be recognized as repre-
senting a maj ority of the units. There: shall be no more than one
representation election in a twenty-four month period within the same
representation unit.
Section 10. Decertification Procedure.
A decertification petition may be filed with the Personnel Officer by
employees or an employee organization to determine whether or not a
recognized employee organization continues to represent a majority
of the employees in a representation unit. Such petition must be
accompanied by proof of employee approval equal to at least forty per
cent (40%) of the employees within the representation unit, and may
be filed only within the ninety (90) day period immediately preceding
the second or succeeding annual anniversary date of recognition. No
decertification petition for the same unit shall be accepted by the
Personnel Officer more frequently than every two years.
I
I
I
"
Ordinance ,Number
. ,
:
, .;
When such a valid petition has been filed the Personnel Officer shall
cause an election to be held within the representation unit to deter-
mine whether or not the incumbent recognized employee organization
shall be decertified and where filed by an employee organization,
whether such organization shall be recognized. The incumbent
recognized employee organization shall be decertified if at least
seventy-five per cent (75%) of those eligible to cast their votes do
so, and a majority of those casting valid ballots vote for decertifi-
cation or in appropriate cases, if a majority (of the required 75%)
vote for the petitioning organization. In the absence of decertifi-
cation, the certification of the recognized employee organization
shall continue on a year-to-year basis.
Section 11. Rights Of Recognized Employee Organizations.
Only employee organizations that have been certified as recognized
employee organizations of appropriate employee representation units
shall be entitled to meet and confer with the management representative
on wages, hours, and other terms and conditions of employment for such
unit or units. This shall not preclude other empl9yee organizations,
or individual employees, from conferring with the management represen-
tative on employee relations matters of concern to them.
Section l2. Procedural Rights and Obligations.
a. Subject to appeal to the Civil Service Board, the Personnel
Officer shall have the right to promulgate rules and regulations
governing the activity of employee organizations on city property;
provided, however, that:
l. A recognized employee ~rganization which represents
a majority of city employees in 'a representation unit shall
be allowed use of space on available bulletin boards for
communications provided it does not interfere with the needs
of the city;
2. Solication for membersqip or other internal
employee organization business shall be conducted
during non-duty hours of all em~loyees concerned;
3. City facilities may be made available for use
of city employees or employee organizations or their
representatives in accordance w~th applicable city
administrative procedures goverding such use.
b. Payroll deductions for recoJoized majority employee
organizations may be made for membershi~ dues to such organization in
accordance with established city adminis~rative procedure and appli-
cable law. I
c. Each recognized employee organization affected shall be
,
given reasonable written notice of ~ o~dinance, rule, or regulation
or proposal directly relating to matters: within the scope of the
definition of meeting and conferring. I
I
I
I
Ordinance. Number
.'
"
, ,
Section 13. Grievances.
a. The management representative and any recognized employee
organization may meet and confer on a procedure for handling griev-
ances arising within the unit for which such organization has been
certified and recognized.
b. The management representative and a recognized employee
organization may provide for fact finding, mediation, or arbitration
of unresolved grievances, subject to such limitations on the scope
of arbitrable grievances as the parties may deem appropriate or as
may be required by law (provided that the terms of an initial or
renewed collective agreement and/or wages and hours does not consti-
tuteca grievance, and is not subject to arbitration). The fees
and expenses of fact finders, mediators, arbitrators shall be shared
equally by the parties involved. The Civil Service Board shall
establish rules for the selection and compensation of such fact finders,
mediators, or arbitrators, subject to the approval of the City Council
of such compensation.
c. No grievance shall be filed or considered if it is not
filed in. accordance with established procedures within three weeks
after the alleged grievance.
d. Nothing in this section shall be deemed to supersede the
authority of the Civil Service Board or the City Council.
Section l4. Attendance At Meetings.
Subject to appeal to the Civil Service Board, the Personnel Officer
shall have the right to promulgate rules and regulations providing for
employees who are officially designated as recognized employee repre-
sentatives by recognized employee organizations to attend meetings and
otherwise represent their members on city time within the city, and
may authorize attendance at meetings outside the city at no expense
to the city.
Section 15. Impasse Procedures.
If, after a reasonable period of time, the management representative
and recognized employee organization fail to reach agreement on matters
subject to meeting and conferring, the parties may mutually agree to
submit the matter to the Civil Service Board for fact finding or
mediation. The Board shall consider such a request and may deny the
request if it concludes that there has been insufficient effort between
the parties to resolve the impasse or in its discretion, the Board may
invoke arbitration only by mutual consent of the parties and only on
grievances. The following constitutes the jurisdictional and procedural
requirements for the implementation of m~diation, fact finding, or
arbitration: !
1. Mediation ~Y. subject to the above, prior to fact finding,
be authorized on all matters in connection with wages, hours, and
terms, and conditions of employment. The mediation proceedings shall
be private and the mediator shall prepare and file a confidential
report with the Board.
I
I
I
, .
Ordinance, Number
:
.'
'.
2. Fact.. finding may, subj ect to the above, be authorized
on all matters in connection with wages, hours, and terms,
and conditions of employment. Fact finding shall be
limited to the issues originally referred for settlement
and shall be either public or private as determined by
the Board. A fact finding report shall be filed with
the Board and the Board shall immediately transmit copies
thereof to the parties in interest, and may, iniits dis-
cretion, make the report public.
3. Arbitration shall be authorized only upon written
mutual consent of both parties, and shall be limited in
scope to such matters as may be set forth in said written
submission, and in no case shall such scope include binding
arbitration on matters of wages, hours, and terms and
conditions of employment; arbitration may be authorized
only upon written mutual consent of the parties only on
grievances as to interpretation or application of this
ordinance and/or any written memorandum of agreement
approved by the City Council.
The fees and expenses of mediators, fact finders, and
arbitrators (including any recording and transcribing
services) shall be shared equally by the parties involved.
Section 16. Violations of Ordinance.
a. Charges of violations of Sections 4, 5, 6, and 7, or other
sections of this ordinance or of applicable rules and regulations may
be initiated by the management representative, by a recognized employee
organization or by an individual employee. Such charges shall be filed
in writing with the Civil Service Board and shall be processed in
accordance with the rules and regulations of the Board.
b. If the Board's decision is that the city has engaged in
an unfair or prohibited employee relations practice or has otherwise
wilfully violated this ordinance or any rule or regulation issued
thereunder, the Board shall direct the city to take appropriate correc-
tive action; if corrective action is not obtained within a reasonable
period of time specified by the Board, the Board shall so notify the
other party, which may resort to its legal remedies.
c. If the decision is that an employee organization or its
representatives or members have engaged in an unfair or prohibited
employees relations practice or has otherwise violated this ordinance
or any rule or regulation issued thereunder, the Board shall direct
the offending party to take appropriate corrective action; if
corrective action is not obtained within a reasonable period of time
specified by the Board, the Board shall so notify the Personnel Officer.
The City Council may then take appropriate action, including, but not
limited to. legal remedies and/or withdrawal of recognition of the
employee organization.
I
I
I
,
',. ,
Ordjna~ce.Number
"
"
. '.
"
, .
, .
. ... .
Section 17. Recognized Employee Organization Council.
In the event more than one employee organization is recognized as
representing city employees in employee-employer relations matters,
they shall form a recognized employee organization council with
representation on said council in proportion to their respective
memberships or as mutually agreed. The recognized employee organiza-
tion council shall. upon the request of the management respresentative,
meet and confer with the management representative in lieu of each
such organization meeting and conferring with the management represen-
tative on matters of wages and hours and other terms and conditions
of employment. Any agreement reached between a majority of the
recognized employee organization council and the management represen-
tative shall be of the same force and effect as if such agreement had
been reached between the individually recognized employee organization
and the management representative.
Section l8. Administration.
It is the policy of the city to provide for the orderly, systematic
and coordinated administration of all matters involving employee
relations. In order to implement and coordinate the policies and
procedures set forth in this ordinance, the city shall have the
authority to adopt rules and regulations not inconsistent with law,
including this ordinance or any other city ordinance, 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 herefn. Nothing in this ordinance shall prevent the Personnel
Officer or City Manager from promulgating regulations governing
relations between the city and employee organizations not certified
as recognized employee organizations by the city.
Section 19. Construction.
Nothing in this ordinance shall be construed to deny any person or
employee the rights granted by federal or state laws or the city
charter.
The rights, powers and authority of the City Council in all matters,
including the right to maintain any legal action, shall not be modified
or restricted by this ordinance.
The enactment of this ordinance shall not be construed as making the
provisions of Section 923 of the California Labor Code applicable to
employees of the City.
The enactment of this ordinance shall not be construed as restricting
the City Council from modifying or changing any rule, regulation, or
ordinance (after such notice as may be required) relating to civil
service or employee relations matters.
I
I
I
,
.
Ordinance. Number
, .
. ..
.
,"
Section 20. Severability.
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance, or the application thereof to any person, firm,
corporation or circumstance, is for any reason held to be invalid
or unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the remaining
portions of this ordinance. The Council of the City of Seal Beach
hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase, or portion thereof
irrespective of the fact that anyone or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 21. The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be posted.
PASSED, APPROVED, AND ADOPTED by the City Counc
Seal Beach, California, on the ~ / ~ day of
City of
, 1968.
ATTEST:
;?C:~$~~J
C:f! C1er
STATE OF CALIFORNIA )
COUNTY OR ORANGE ) SS
CITY OF SEAL BEACH )
I, Jerdys Weir, City Clerk of the City of Seal Beach, do hereby certify
to the passage and adoption of the foregoing ordinance of the City
Council at a meeting thereof held on the ~/$:' day of I'l)/-~
1968, by the following vote:
AYES: councilmenhMo1n-neeA..<--. a,,~
,
.
IPAPJ:' d...-valt,.., cf:"L.--...,.J
. ,
NOES:
Councilmen '7J4?l..L./
Councilmen '7?-tJ~
ABSENT :
~A~-rS 7/1,;,-<)
Ci Clerk
I, JErlDYS WEIR, CIT\< CLERK OP THE CI'I'V OF SEAL
BfACt!, DO HERf,BY CERTIFY TI-!AT THE FOREGOING
ORDINANCE IB THE OR:GINAL OrlDINANCE NO:7.14,
__...,........., AND WAS POSTED PURSUANT TO ORD.
_'<ll'~~ A'LL,u,.; 166.0
INA~~O, 672 ON_ TH,E.~.....,DAY OF.[J{(:J.L,.......f 9'
.,.-7'Y-1...'!/:y.....::1&!.~..........--,.,.... CITY CLERK