HomeMy WebLinkAboutCC RESO 10,596RESOLUTION NO. 10,596
RESOLUTION APPROVING EMPLOYER -EMPLOYEE
RELATIONS POLICY
BE IT RESOLVED by the City Council of the City of
National City that the Employer -Employee Relations Policy a
copy of which is attached hereto and Marked Exhibit "A" and
made a part hereof as though set forth in full hereinafter, is
hereby adopted, approved and ratified by the City as the
policy for employee -employer relations in said City.
PASSED AND ADOPTED this 14th day of March, 1972.
ATTEST:
E:IPLOYE E';?LOYEE RELATIONS
S
POLICY
ADOPTED BY THE CITY COUNCIL
UNDER RESOLUTION NO. 10,596
ON '_1A'_2CiI 14, 1972
.CITY OF NATIONAL CITY
CALIFORNIA
'CONTENTS
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.-
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
SECTION 14.
SECTION 15.
SECTION 16.
SECTION 17.
CITY OF NATIONAL CITY
EMPLOYER -EMPLOYEE RELATIONS POLICY
TITLE OF POLICY
STATEMENT OF PURPOSE
DEFINITIONS
PROOF OF REPRESENTATION OR SUPPORT
EMPLOYEE RIGHTS
CITY RIGHTS
CONFIDENTIAL, MANAGEMENT, AND SUPERVISORY
EMPLOYEES: REPRESENTATION LIMITATIONS
UNFAIR EMPLOYEE RELATIONS PRACTICES
MEET AND CONFER IN GOOD FAITH --SCOPE
CONSULTATION IN GOOD FAITH --SCOPE
ADVANCE NOTICE
OF REPRESENTATION UNITS AND
OF RECOGNIZED EMPLOYEE
ESTABLISHMENT
CERTIFICATION
ORGANIZATIONS
'PROCEDURE FOR
CERTIFICATION
ORGANIZATIONS
DETERMINATION OF UNITS AND
OF RECOGNIZED EMPLOYEE
RECOGNITION OF EMPLOYEE ORGANIZATIONS AS
MAJORITY REPRESENTATIVE -FORMAL RECOGNITION
DURATION OF CERTIFICATION: TIME FOR FILING
PETITIONS FOR CERTIFICATION OR DECERTIFICATION
DECERTIFICATION OF RECOGNIZED EMPLOYEE
ORGANIZATION
ELECTION PROCEDURE
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CITY OF NATIONAL CITY
EMPLOYER -EMPLOYEE RELATIONS POLICY
CONTENTS PAGE
SECTION 18. DESIGNATION OF MUNICIPAL EMPLOYEE 12
RELATIONS OFFICER
SECTION 19. RESOLUTION OF IMPASSES 12
SECTION 20. GRIEVANCES 13
SECTION 21. MEMORANDUM OF UNDERSTANDING 13
SECTION 22. RULES AND REGULATIONS 14
SECTION 23. CONSTRUCTION 14
SECTION 24. SEPARABILITY 14
CITY OF NATIONAL CITY
EMPLOYER -EMPLOYEE RELATIONS POLICY
WHEREAS Chapter 10, Division 4, Title 1 of the Government Code
of the State of California was amended effective January 1, 1969
for the purpose of promoting improved employer -employee relations
between public employers and their employees by establishing uniform
and orderly methods of communication between employees and the public
agencies by which they are employed; and
WHEREAS Government Code Section 3507 empowers a City to adopt reason-
able rules and regulations after consultation in good faith with
representatives of its employee organizations for the administration
of employer -employee relations; and
WHEREAS the City of National City desires to adopt such reasonable
rules and regulations as authorized by law:
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. TITLE OF POLICY
This Policy shall be known as the Employer -Employee Relations
Policy of the City of National City.
SECTION 2. STATEMENT OF PURPOSE
The purpose of this Policy to implement Chapter 10, Division 4,
Tile 1 of the Government Code of the State of California (Sections
3500, et, seq.) captioned "Local Public Employee Organizations," by
providing orderly procedures for the administration of employer -
employee relations between the City and its employee organization
and for resolving disputes regarding wages, hours, and other terms
and conditions of employment.
SECTION 3. DEFINITIONS
As' used in this Policy, the following terms shall have the meanings
indicated:
(A) APPROPRIATE UNIT --means a unit established pursuant to
Section 12, of this Policy.
(B) CITY --means the City of National City, a municipal
corporation, and where appropriate herein, "City" refers to the
City Council, the governing body of said City, or any duly authorized
management employee as herein defined.
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(C) CONSULT OR CONSULTATION IN GOOD FAITH --means to commu-
nicate orally or in writing for the purpose of presentingand
obtaining views or advising of intended actions.
(D) DAY --means calendar day
(E) EMPLOYEE --means any person regularly employed by the City
except those persons elected by popular vote.
(F) EMPLOYEE,CONFIDENTIAL-means an employee who is privy to
decisions of City management affecting employer -employee relations.
(G) EMPLOYEE,MANAGEMENT--means:
(1) Any employee having significant responsibilities for
formulating and administering City policies and programs, including
but not limited to the chief executive officer and department heads;
and
(2) Any employee having authority to exercise independent
judgment to hire, transfer, suspend, lay-off, recall, promote, dis-
charge, assign, reward or discipline other employees, or having the
responsibility to direct them or to adjust their grievances, or
effectively to recommend such action if in connection with the fore-
going, the exercise of such authority is not of a merely routine or
clerical nature, but requires the use of independent judgment.
(H) EMPLOYEE,PROFESSIONAL--means employees engaged in work re-
quiring specialized knowledge and skills attained through completion
of a recognized course of instruction, including, but not limited to,
attorneys, physicians, registered nurses, engineers, architects,
teachers, and various types of physical, chemical, and biological
scientists.
(I) EMPLOYEE ORGANIZATION --means any organization which includes
employees of the City and which has as one of its primary purposes
representing such employees in their employment relations with the
City.
(J) EMPLOYEE,SUPERVISORY--means any employee having authority
to exercise independent judgment in carrying out City Policy to
hire, transfer, suspend, lay off, recall, promote, discharge, their
grievances, or effectively to recommend such action if in connection
with the foregoing the exercise of such authority is not a merely
routine or. clerical nature, but requires the use of independent
judgment.
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(K) EMPLOYER -EMPLOYEE RELATIONS --means the relationship
between the City and its employees and their employee organizations,
or when used in a general sense, the relationship between City
management and employees or employee organizations.
(L) GRIEVANCE --as this term is defined in Section 20 (A).
(M) IMPASSE --means (1) a deadlock in the annual (or periodic)
discussions between a majority representative and the City over any
matters concerning which they are required to meet and confer in
good faith, or over the scope of such subject matter; or (2) any
unresolved complaint by an affected em^lcyee organization, advanced
in good faith, concerning a decision of the Municipal Employee
Relations Officer made pursuant to Sections 12, 13 or 14 of this
Policy.
(N) MAJORITY REPRESENTATIVE --means an employee organization,
or its duly authorized representative, that has been granted formal
recognition by the Municipal Employee Relations Officer as represen-
ting the majority of employees in an appropriate unit.
(0) MEDIATION OR CONCILIATION --means the efforts of an impartial
third person, or persons, functioning as intermediaries, to assist
the parties in reaching a voluntary resolution to an impasse, through
interpretation, suggestion, and advice. Mediation and conciliation
are interchangeable terms.
(P) MEET AND CONFER IN GOOD FAITH (sometimes referred to
herein as "meet and confer" or "meeting and conferring") --means per-
formance by duly authorized representatives of an employee organization
recognized as the majority representative 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 and conditions of employment, in an effort to:
(1) reach agreement on those matters within the authority of such
representatives and (2) reach agreement on what will.be recommended
to the City Council.on those matters within the decision making
authority of the City Council. This does not require either party
to agree to a proposal or to make a concession.
(Q) MUNICIPAL EMPLOYEE RELATIONS OFFICER --means the City's
principal representative in all matters of employer -employee relations
designated pursuant to Section 18, or his duly authorized representative.
(R) PEACE OFFICER --as this term is defined in Section 830,
California Penal Code.
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(S) POLICY --means, unless the context indicates otherwise,
the Employer -Employee Relations Policy of the City of National City.
(T) REGISTERED EMPLOYEE ORGANIZATIONS --means an employee
organization which has been acknowledged by the Municipal Employee
Relations Officer as an employee organization that represents emplo-
yees of the City. The rights accompanying recognition are either:
(1) Formal Recognition --which is the right to meet and
confer in good faith as the majority representative in an appropriate
unit; or
(2) Informal Recognition --which is the right to consultation
in good faith by all recognized employee organizations.
(U) SCOPE OF REPRESENTATION --means all matters relating to em-
ployment conditions and employer -employee relations, including, but
not limited to, wages, hours and other terms and conditions of
employment. City Rights (Section 6) are excluded from the scope of
representation.
(V) UNIT OR REPRESENTATION UNIT --An appropriate unit for purposes
of employee representation established pursuant to Section 13 of this
Policy.
SECTION 4. PROOF OF REPRESENTATION OR SUPPORT
For purposes of this Policy proof that an employee organization
represents employees or proof of employee support shall be evidenced
by one of the following:
(1) Documented evidence of current dues -paying employee or-
ganization membership or payroll dues deductions using the payroll
immediately prior to the date the proof is submitted.
(2) Employee organization authorization cards, signed and
dated by the employees within six months prior to the date the proof
is submitted.
(3) A petition containing a statement of the action or autho-
rization requested by the signatory or a petition delegating to a
named employee organization the authority to represent the sigr_ators
for the purpose of meeting and conferring in good faith with repre-
sentatives of the City signed and dated by employees within six
months of the filing thereof.
Only authorization cards or signatures of employees currently employed
at the time the proof is submitted shall be counted.
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City:
SEC'T'I i . 5. :nrn.,.-:-: ar .:
Employees of 1-he Cite shall he'zc the right to .form, join and
particirate in the activities of e--:^loYee organizations of their
own choosing for the purpose of representation'on all matters.•of
emplo�_'er-employee relations including but not limited to t.,ares,
hours, and other terms and conditions of emnlo"rient. _,mnlovees
of the Cite also shall have the right to refuse to join or partici-
pate in the activities of emrloYee orr-:anizations and shall have the
right to rerr,esc.nt t~ _ elve, '-0 .i.d l 1. their e^.-nlo-•-Ant
re1at ie_ with t h= .,' City. Mo 'employee :c•i nt erferei ,
itn
intieli..,ated, re..t_ain_d, coerced or discriminated against r the
City or b• an rloYse organization because of his exercise of
these rights.
SECTION. 6.
The rights of the City include, hut are not limited to, the exclusive
right to determine the mission of its constituent departments, -
commissions and boards; set standards of service; determine the
procedures and standards of selection for employment and Promotion;
directs its employees; take disciplinary action; relieve its emploYees
from duty because of lack of work or for other legitimate reasons;
maintain the efficiency of governmental orerations; determine the
methods, means and rersonnel by which government orerations are to
be conducted; determine the content of class sPecificati ons; take all
necessary actions to carry out its mission in emergencies; and
exercise complete control and discretion over its organization and
the technology of performing its work.
SECTION 7. rON7I `. I' L, '.TA,TAr_r ENT, AND SU"E717ISO7i* t •mLOvnr. S
Rii_.].)i._:lti:.l V_v
(A) Management and confidential employees who are memhers of
an emnlovee organization which represents employees of the City who
are not management or confidential employees shall not serve as
representatives of such employee organization before City Management.
(B) Supervisory employees shall not represent nonsupervisory or
subordinate supervisor:, employees in grievance matters.
(C) The City 'Manager shall designate confidential, management,
and supervisory employees in accordance with the definitions in
Section 3 of this Policy.
SECTION 8. UNFAIR EMPLOYEE RELATIONS PRACTICES
(A) It shall be an unfair employee relations practice for the
(1) To interfere with, restrain, or coerce employees in
the exercise of the right recognized or granted in this policy.
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SECTION 8. (Cont'd)
(2) To dominate or interfere with the formation of any
employee organization or contribute financial support to it, pro-
vided the rights recognized or granted to employee organizations
in this Policy shall not be construed as financial support.
(3) To refuse to meet and confer in good faith with
representatives of recognized employee organizations on matters
within the scope of representation.
(B) It shall be an unfair employee relations practice for
employee organizations or their representatives or members:
(1) To interfere with, restrain or coerce employees in
the exercise of the rights recognized or granted, in this Policy.
(2) To refuse to meet and confer in good faith with
City officials on matters within the scope of representation, when
the employee organization involved is a recognized employee orga-
nization.
(C) With respect to the impasse procedures set forth in
Section 19 of this Policy, it shall be an unfair employee relations
practice for either the City or a recognized employee organization
to fail or refuse to cooperate with the City or with any mediators
or fact -finders selected or designated pursuant to the provisions
of said Section 19.
(D) Charges of violations of this Section may be initiated by
a management representative, by a representative of any employee
organization, or by an individual employee or group of employees.
Such charges shall be filed in writing with the City.
(E) The City Manager shall conduct an investigation to determine
whether a party has engaged in an unfair employee relations practice
and shall advise the parties of his decision and if appropriate shall
recommend corrective action. When the City finds that an unfair
employee relations practice has been committed and corrective action
is.either inappropriate or has not been taken it may recommend cor-
rective action. When the City finds that an unfair employee relations
practice has been committed and corrective action is either inap-
propriate or has not been taken it may recommend to City Council the
imposition of penalties.
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SECTION 9. MEET AND CONFER IN GOOD FAITH --SCOPE
(A) The City, through its representatives, shall meet and
confer in good faith with representatives of formally recognized
employee organizations with majority representation rights regarding
matters within the scope of representation including wages, hours
and other terms and conditions of employment within the appropriate
unit.
(B) The City shall not be required to meet and confer in good
faith on any subject preempted by Federal or State law or by the
City Municipal Code, nor shall it be required to meet and confer
in good faith on Employee or City Rights as defined in Section 5.
and 6. Proposed amendments to this Policy are excluded from the
scope of meeting and conferring.
SECTION 10. CONSULTATION IN GOOD FAITH --SCOPE
All matters affecting employer -employee relations, including those
that arenotsibjectto meeting and conferring, are subject to
consultation. The City, through its representatives, shall consult
in good faith with representatives of all recognized employee or-
ganizations on employer -employee relations matters which affect
them. Advance notice on matters subject to consultation, hut out-
side the scope of representation, is desirable but not mandatory.
SECTION 11. ADVANCE NOTICE
Reasonable written notice shall be given to each recognized employee
organization affected of any ordinance, rule, resolution or regula-
tion directly relating to matters within the scope of representation
proposed to be adopted by the City Council or by any board or com-
mission of the City, and each shall be given the opportunity to meet
with such body prior to adoption.
In cases of emergency when the City or any board or commission of the
City determines that an ordinance, rule, resolution or regulation
must be adopted immediately without prior notice or meeting with a
recognized employee organization, the City or the board or commission
of the City shall provide such notice and opportunity to meet at the
earliest practicable time following the adoption of such ordinance,
rule, resolution or regulation.
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SECTION 12. ESTABLISHMENT OF REPRESENTATION UNITS AND CERTIFICATION
OF RECOGNIZED EMPLOYEE ORGANIZATIONS
REPRESENTATION UNITS: CRITERIA FOR DETERMINATION. Representation
units shall be determined in the City by the City as hereinafter
set forth. It is the policy to establish the minimum number of
units consistent with good employee relations. To minimize the
fragmentation of units, the principal criterion for determining
an appropriate representation unit shall be the largest feasible
group of employees having an identifiable community of interest.
In addition, the following and such other criteria as the City may
adopt shall be applied in determ±imTan appropriate representation
unit:
(1) Division of a single classification arong two or more
representation units shall be avoided wherever possible.
(2) Professional employees shall not be denied the right to
be represented separately from nonprofessional employees by a
professional employee organization consisting of such professional
employees.
(3) Management, or confidential employees shall not be included
in the same unit with nonmanagement, or nonconfidential employees.
(4) The history of employee relations in the City shall be
considered.
(5) The effect of the proposed unit on the efficient operation
of the City services and sound employee relations shall be considered.
(6) The extent of membership of a group of employees in an
employee organization shall not be the sole criterion.
(7) Supervisory employees shall not be included in a unit with
nonsupervisory employees unless such supervisory employees are in the
same classification with nonsupervisory employees; provided, however,
in such event, such supervisory employees shall not represent an
employee organization in dealing with management representatives when
such activity would result in a conflict of interest or otherwise be
incompatible with law or the duties of the employees.
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SECTION 13. PROCEDURE FOR DETERMINATION OF UNITS AND CERTIFICATION
OF RECOGNIZED EMPLOYEE ORGANIZATIONS
(A) Petition. An employee organization that desires to become
the recognized employee organization of a representation unit shall
file with the City a petition for certification as recognized employee
organization. The petition shall (1) describe the proposed represen-
tation unit in detail, (2) state the number of employees in the pro-
posed unit eligible for inclusion therein, and (3) be accompanied by
proof of support by 30% or more of the employees within the proposed
unit.
(B) Notice of Filing Petition. Upon receipt of such petition
the City shall give notice of the filing thereof to (1) all emnloyees
in the proposed unit described in the petition, (2) all registered
employee organizations and (3) the Personnel Officer.
(C) Challenges. Within 30 days after the City gives notice of
the filing of the petition, a written challenge of the appropriate-
ness of the proposed unit or the validity of the petition or right
of the petitioner to represent the proposed unit may be filed by
(1) the Personnel Officer or (2) an employee orcanization. The
challenge shall state the grounds for the challenge and when filed by
an employee organization shall be accompanied by proof of support by
10% or more of the employees in the proposed unit. A challenge by
an employee organization to the appropriateness of the proposed unit
shall specify objections to the proposed unit and shall describe in
detail an alternative representation unit.
(D) Hearing. Upon receipt of a challenge, the City shall conduct
a hearing at which the parties shall present testimony in support of
the petition or challenge. Following the hearing, the City shall
(1) determine the appropriate representation unit and call an election
to be held in accordance with Section 17 of this Policy provided the
petitioner has established proof of support by 30% or more of the
employees in the appropriate representation unit, or (2) shall dismiss
the petition.
(E) No Challenge. If no challenge is filed within 30 days from
the date of notice by the City of the filing of a petition, the
City shall verify the proof of support submitted and, in its discretion,
may conduct a hearing on the petition. If the proof of support is in
excess of 50% of the employees in the proposed unit and the proposed
unit is.,considered by the Citytote appropriate, the City shall esta-
blish such unit and either (1) certify the petitioning employee orca
nization as the recognized employee organization of such unit or (2)
call an election to be held in accordance with Section 17 of this
Policy. If proof of support is 50% or less of the employees in the
proposed unit and the proposed unit is considered by the City to be
appropriate, the City shall establish the unit and call an election
to be held in accordance with Section 17 of this Policy.
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(F) Employee Organizations on Ballot. There shall be placed
on the ballot (1) the name of the petitioning employee organization
that has established proof of support -by 3C% or -more of the employees
in the representation unit determined by the City to be appropriate
and (2) the names of any challenging employee organizations that have
established proof of support by 10% or more of the employees in such
representation unit.
(G) Assignment of New Classifications. Each newly established
class specification shall be assigned to an appropriate representation
unit by the Personnel Officer, after consultation with registered
and recognized employee organizations, if he finds that there is an
appropriate unit to which such class specification may be assigned.
An employee organization or 10% of the employees in such newly esta-
blished class specification may appeal such assignment to the City.
The appeal shall be in writing and shall be filed with the City
within 30 days after the Personnel Officer makes the assignment. The
decision of the City on the appeal shall be final.
(H) City Rulings. The City's rulings at any hearing held
pursuant to this Section or in determining an appropriate represen-
tation unit shall be final.
SECTION 14. R.ECOGN.ITION OF EMPLOYEE ORGANIZATIONS AS MAJORITY
REPRESENTATIVE - FORNf?L RECOG:ITION
(A) The Municipal Employee Relations Officer shall:
(1) Determine the majority representative of City employees
in an appropriate unit by arranging for a secret ballot election or
by any other reasonable method which is based upon written proof, and
is designed to ascertain the free choice of a majority of such employees.
The employee organization found to represent a majority of the employees
in an appropriate unit shall be granted formal recognition and is the
only employee organization entitled to meet and confer in good faith
on matters within the scope of representation for employees in such
unit. This shall not preclude other recognized employee organizations,
or individual employees, from consulting with management representatives
on employer -employee relations matters of concern to them.
(2) Revoke the recognition rights of a majority representative,
which has been found by secret ballot election no longer to be the
majority representative.
(B) The recognition rights of the majority representative
designated in accordance with this Section shall not be subject to
challenge for a period of not less than twelve months following the
date of such recognition.
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SECTiJ'; 15.
r',.__TI':. 07 -,77I 'I''_`_IO_ : ^I'; FOR ?ILI''." P3TI^IQ :S
(A) A certification by the City of a registered cncloyee
organization of a renrese_ntation unit shall cdntinue in effect until
such recognized e:".plo''ee organization is decertified with respect
to said unit or the City certifies the same or some other employee
organization as the recognized employee organization for such unit
or portion thereof.
(3) Following the determination
representation unit
organization of such unit pursuant to
Policy, no Petition for certification
orc an.izatie n of such unit, portion
by the City of an anr;rorriate
of a recegr.izcd e ^lo,eo
a Section 13; or 17; of this
as a recocr nixed e'T`loyee
thereof, or petition for
decertification with respect •to such unit, or portion t':ereof, shall
be filed with or received by the City except during the months of
August and September after the epiration of 12 months from the date
of such certification.
SECTION 16. DECERTIFICATION OF PWCO^:BIZ D 7.:TLOYEE OPf NIZ_ATION
(A) Subject to the provisions of Section 16 of this Polio,
employees in a representation unit for which there is a recognize
employee or janization may file with the City a decertification Peti-
tion to determine ..h ther or not the recognized employee organization
continues to reeresent a majority of the eoplo"ees in the representa-
tion unit. Such petition must he accompanied by proof of emplo'oo
support hv 33 or more of the employees in the representation unit.
(3) Upon receipt of a petition for decertification, the City
shall verify the proof of employee support. If the City verifies
the-reluired proof of employee support it shall call an election to
be held in accordance with Section 17 of this Policy.
SECTION 17. :.T.NCTIr,N 7,T,f=1177.
(A) Whenever an election is rerTuired pursuant to this Policy,
the municipal Employee 7elations Officer shall roguest the Personnel
Officer to call and conduct a secret ballot election in accordance
with procedures and regulations normally used.
(3) Eligible voters shall be those employees in the represen
tation unit whose salary is fixed at a monthly or biweeh17 rate by
the City salary resolution and whose names appeared on the payroll
immediately prior to the call of the election as employees in the
representation unit, including those shown as on vacation or authorized
leave of absence.
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(C) Every ballot in an initial certification or decertification
election shall contain a choice of "no organization" in addition to
the names of the employee organizations which have qualified for
placement on the ballot.
(D) The City shall declare the results of the election and when
a majority of those employees eligible to vote voted at the election
it shall: (1) certify as the recognized employee organization of the
representation unit the employee organization receiving a majority of
the votes cast; (2) declare that no organization is the recognized
employee organization of the unit if the choice "no orcanization"
received a majority of the votes cast; or (3) following a decertifica-
tion election, decertify the incumbent employee organization if the
choice"No organization" received a. majority of the votes cast. If
the ballot included three or more choices and none of the choices
received a majority vote, a runoff election shall be held between
the two choices receiving the largest number of votes. If less than
a majority of those employees eligible to vote voted at the election,
the election shall be declared a nullity and no further election shall
be held based on the petition pursuant to which the election was held.
(E) Except upon order of the City after a showing to it of good
cause, no election shall be conducted in any representation unit
within which in the preceding twelve-month period either -(1) a valid
election shall have been held in which no employee organization
received a majority of the votes cast or (2) an election shall have
been held at which less than a majority of the eligible voters voted.
(F) Any costs incurred in conducting an .election shall be borne
equally among the employee organizations appearing on the ballot.
SECTION 18. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER
The City Council shall designate, by Resolution, a Municipal Employee
Relations Officer, who shall be the City's principal representative in
all matters of employer -employee relations, with authority to meet
and confer in good faith on matters within the scope of representation
including wages, hours and other terms and conditions of employment.
The Municipal Employee Relations Officer so designated is authorized
to delegate these duties and responsibilities.
SECTION 19. RESOLUTION OF IMPASSES
Impasse procedures may be invoked only after the possibility of
settlement by direct discussion has been exhausted.
The impasse procedures are as follows:
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SECTION 19. (Cont'd)
(A) Mediation (or conciliation) (Defined in Section 3-0)--
All mediation proceedings shall be private. The Mediator shall make
no public recommendations nor take any public position concerning
the issues.
(B) A Determination by the City Council - after hearing on the
merits of the dispute.
(C) Any other dispute resolving procedures to which the parties
mutually agree or which the City Council may order.
Any party may initiate the impasse Procedure by filinc ;with the other
party (or parties) affected a written request for an impasse meeting
together with a statement of its position on all disputed issues.
An impasse meeting may then be scheduled by the Municipal Employee
Relations Officer forthwith after the date of filing of the written
request for such meeting, with written notice to all parties affected.
The purpose of such impasse meeting is twofold: (1) To permit a
review of the position of all parties in a final effort to reach
agreement on the disputed issues, and (2) if agreement is not concluded,
to mutually select the specific impasse procedure to which the dispute
may be submitted; in the absence of agreement between the parties on
this point, the matter may be referred to the City Council.
The fees and expenses, if any, of mediators or of any other impasse
procedure, shall be payable one-half by the City and one-half by the
employee organization or employee organizations.
SECTION 20. GRIEVANCES
(A) A grievance is any dispute concerning the interpretation or
application of this Policy, or of rules or regulations governing
personnel practices or working conditions, or of the practical con-
sequences of a City rights' decision on wages, hours and other terms
and conditions of employment.
(B) Grievances shall be processed in accordance with procedures
established by the City.
SECTION 21. MEMORANDUM OF UNDERSTANDING
When the meeting and conferring process is concluded, between the City
and a formally recognized employee organization representing a majority
of the employees in an appropriate unit, all agreed upon matters shall
be incorporated in a written memorandum of understanding signed by the
duly authorized City and majority representatives.
As to those matters within the authority of the City Council, the
memorandum of understanding shall be submitted to the City Council for
determination.
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SECTION 22. RULES AND REGULATIONS
The City Council may adopt such Rules and Regulations necessary or
convenient to implement the provisions of this Policy and Chapter 10,-
Division 4, Title 1 of the Government Code of the State of California
(Sections 3500, et sep.).
SECTION 23. CONSTRUCTION
(A) Nothing in this Policy. shall be construed to deny any person
or employee the rights granted by Federal and State laws and City
Code provisions.
(B) The rights, powers and authority of the City Council in
all matters, including the right maintain any legal action, shall
not be modified or restricted by this Policy.
(C) The provisions of this Policy are not intended to conflict
with the provisions of Chapter 10, Division 4, Title 1 of the
Government Code of the State of California (Sections 3500, et seq.)
as amended in 1968.
SECTION 24. SEPARABILITY
If any provisions of this Policy, or the application of such provision
to any person or circumstance, shall he held invalid, the remainder
of this Policy, or the application of such provision to persons or
circumstances other than those as to which it is held invalid shall
not be affected thereby.
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