Chapter 1.06 — EMPLOYER-EMPLOYEE RELATIONS

Sections:

1.06.010 Adoption.

1.06.020 Administration.

1.06.030 Definitions.

1.06.040 City management rights.

1.06.050 Employee rights.

1.06.060 Adoption of rules.

1.06.070 Notification.

1.06.080 Consultation.

1.06.090 Meet and confer.

1.06.100 Memorandum of understanding.

1.06.110 Petition for recognition.

1.06.120 Determining appropriate unit.

1.06.130 Determining recognition.

1.06.150 Appropriation of funds.

1.06.160 Construction.

1.06.170 Severability.

In order to implement Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Public Employee Organizations"; and to provide orderly procedures for the administration of employer-employee relations between the City and its employee organizations, the following employer-employee relations system is hereby adopted. (Ord. 3040 § 1 (part); May 16, 1972.)

.010 The employer-employee relations system established by this chapter shall be administered by a City Management Representative designated by the City Manager. The City Management Representative under the direction of the City Manager, shall:

.0101 Serve as the City's principal management representative in all matters of employer-employee relations, with authority to meet and confer to consult with employee organizations on matters within the scope of representation;

.0102 Administer all the provisions of this chapter and of the employee relations rules.

.020 The City Management Representative is authorized to delegate these duties and responsibilities. (Ord. 3040 § 1 (part); May 16, 1972.)

As used in this chapter, the following terms shall have the meanings indicated:

.010 "Appropriate unit" means a unit established pursuant to Section1.06.120 of this chapter.

.020 "City" means the City of Anaheim, a municipal corporation, and where appropriate herein, "City" refers to the City Council, the governing body of the City.

.030 "City Management Representative" means the City's principal management representative in all matters of employer- employee relations, or his or her duly authorized representative.

.040 "Confidential employee" means any employee who is privy to information and decisions of management affecting employer-employee relations.

.050 "Consult or consultation in good faith" means to communicate orally or in writing for the purpose of presenting and obtaining views and advising of intended actions related to employer-employee relations.

.060 "Employee" means any person who is employed by the City except elected officials, members of boards and commissions, volunteers, consultants, and others rendering temporary professional services by contract.

.070 "Employee organization" means any organization which has as members persons who are employed by the City and which has as its primary purpose representing such employees in their employment relations with the City.

.080 "Employer-employee relations" means the relationship between the City and its employees and their employee

organizations.

.090 "Grievance" means as this term is defined in Section 1.06.140 of this chapter.

.100 "Management employee" means:

.1001 Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the City Manager, department heads, assistant department heads, division heads, assistant division heads, administrative staffs, police captains, police lieutenants, and fire battalion chiefs; and

.1002 Any employee having authority to exercise independent judgment to appoint, transfer, suspend, lay-off, reinstate, promote, demote, dismiss, assign, reward, or discipline subordinate employees, or to adjust their grievances, or effectively to recommend such action.

.110 "Meet and confer in good faith" means that the City Management Representative and other representatives as may be designated by the City Manager and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer for a reasonable period of time in order to exchange freely information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation.

.120 "Memorandum of understanding" means a written memorandum on the agreement reached through meeting and conferring which shall not be binding.

.130 "Peace officer" means as this term is defined in the California Penal Code.

.140 "Professional employee" means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, such as attorneys, physicians, nurses, engineers, architects, planners, librarians, accountants, and various physical, chemical and biological scientists.

.150 "Recognized employee organization" means an employee organization which has been formally acknowledged by the City Management Representative as an employee organization that represents employees of the City.

.160 "Scope of representation" means 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 consideration of any service or activity provided by law or administrative order. (Ord. 3040 § 1 (part); May 16, 1972; Ord. 5774 § 38; July 24, 2001.)

The City management retains, exclusively, all its inherent rights, functions, duties and responsibilities except where specifically limited in this chapter. The rights of the City management include, but are not limited to, the exclusive right to consider the merits, necessity or organization of any service or activity provided by law, or administrative order; 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; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of City operations; determine the methods, means and personnel by which City operations are to be conducted; determine the content of job classifications; 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. (Ord. 3040 § 1 (part); May 16, 1972.)

Employees of the City shall have all rights granted to public employees under California law. Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Employees of the City also 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. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by any employee organization because of his exercise of these rights. (Ord. 3040 § 1 (part); May 16, 1972.)

Employee relations rules, prepared by the City Management Representative, under the direction of the City Manager will be submitted to the City Council by the City Management Representative after discussing them with recognized employee organizations. The rules shall be submitted to the City Council for determination. The rules shall establish specific procedures and regulations governing the operation of the employer-employee relations system. (Ord. 3040 § 1 (part); May 16, 1972.)

Reasonable written notice shall be given by the City Management Representative to each recognized employee organization affected, of any proposed ordinance, resolution, rule or regulation directly relating to matters within the scope of representation to be presented to the City Council for determination, and each shall be given the opportunity to meet with the City Management Representative prior to submission to the City Council for determination.

In cases of emergency when the City Council determines that an ordinance, resolution, rule or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the City Management Representative

shall provide such notice at the earliest practicable time following the adoption of such ordinance, resolution, rule or regulation. (Ord. 3040 § 1 (part); May 16, 1972.)

The City Management Representative, after consultation in good faith with representatives of recognized employee organizations, may recommend adoption of reasonable rules and regulations for the administration of employer-employee relations. The City Management Representative shall consult in good faith with representatives of recognized employee organizations on employer-employee relations matters which affect them, including those that are not subject to meeting and conferring. (Ord. 3040 § 1 (part); May 16, 1972.)

The City Management Representative and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer in order to exchange freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representation. Nothing herein precludes the use of any impasse procedure authorized by law whenever an agreement is not reached during the meeting and conferring process and the use of such impasse procedure is mutually agreed upon by the City Management Representative and a recognized employee organization.

The City Management Representative shall not be required to meet and confer in good faith on any subject preempted by Federal or State law or by the City Charter nor shall he or she be required to meet and confer in good faith on city management or employee rights as defined in Sections 1.06.040 and 1.06.050. Proposed amendments to this chapter are excluded from the scope of meeting and conferring. (Ord. 3040 § 1 (part); May 16, 1972; Ord. 5774, § 39; July 24, 2001.)

When the meeting and conferring process results in agreement between the City Management Representative and a recognized employee organization representing a majority of the employees in an appropriate unit, such agreement shall be incorporated in a written memorandum of understanding, signed by the City Management Representative and employee organization representatives. The matters incorporated in the memorandum shall be presented to the City Council, or its statutory representative, for determination. (Ord. 3040 § 1 (part); May 16, 1972.)

.010 There are two levels of employee organization recognition, recognition for purposes of consultation and recognition for purposes of meeting and conferring. The recognition requirements of each are set forth below.

.020 An employee organization that seeks recognition for purposes of consultation as a representative of employees shall file a petition with the City Management Representative containing the following information and documentation:

.0201 Name and address of the employee organization;

.0202 Names, job class titles, addresses and phone numbers of its officers;

.0203 Names, job class titles, addresses and phone numbers of employee organization representatives who are authorized to speak on behalf of its members;

.0204 A statement that the employee organization has, as its primary purpose, representing employees in their employment relations with the City;

.0205 A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state or international organization;

.0206 One copy each of the employee organization's constitution, by-laws and explanation of payroll deduction components such as dues, insurance, retirement, health and welfare benefits, etc.;

.0207 A designation of those persons, not exceeding two in number, and their addresses and phone numbers, to whom notice will be deemed sufficient notice to the employee organization for any purposes;

.0208 A statement that the employee organization has no restriction on membership based on religious or political beliefs or affiliations, sex, race, ethnic or geographical origin;

.0209 Written proof dated within three months prior to the date upon which the petition is filed, to establish that employees have designated the employee organization to represent them in their employment relations with the City. Such written proof may consist of a signed petition or dues deduction cards and shall include the names and job class titles of employees and shall be subject to confirmation by the City Management Representative;

.02010 A request that the City Management Representative recognize the employee organization for the purpose of consultation.

.030 An employee organization seeking recognition as majority representative of the employees in a unit claimed to be appropriate for the purpose of meeting and conferring must, in addition, include the following information and documentation in their petition for recognition:

.0301 The names and job class titles of member employees in a unit claimed to be appropriate;

.0302 A request that the City Management Representative recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring on all matters within the scope of representation.

.040 The petition, including all accompanying documents, shall be verified, under oath, by the president and secretary of the organization that the statements are true. All changes in such information shall be filed forthwith in like manner. (Ord. 3040 § 1 (part); May 16, 1972.)

.010 The City Management Representative, after reviewing a petition filed by an employee organization seeking recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. Appropriate consideration shall be given to the following factors, among others, in making such determination:

.0101 Which unit will assure employees freedom in the exercise of rights consistent with this chapter;

.0102 The history of employee relations:

.0102.01 In the unit,

.0102.02 Among other employees of the City, and

.0102.03 In similar public employment;

.0103 The effect of the unit on the efficient operation of the City and sound employer-employee relations;

.0104 The extent to which employees have common skills, working conditions, job duties or similar educational requirements;

.0105 The effect on the existing classification structure of dividing a single classification among two or more units.

.020 Provided, however, no unit shall be established on the basis of the extent to which employees in the proposed unit have organized.

.030 In the establishment of appropriate units:

.0301 Management employees shall not be included in the same unit with nonmanagement employees for the purpose of meeting and conferring, nor may they represent such employees on matters within the scope of representation.

.0302 Confidential employees who are included in the same unit with nonconfidential employees may not represent such employees on matters within the scope of representation.

.0303 Peace officers and detention officers shall not be included in the same unit with nonpeace officers and non-detention officers for the purpose of meeting and conferring, nor may they represent such employees for the purpose of meeting and conferring.

.0304 Professional employees shall not be denied the right to be represented separately from nonprofessional employees.

.040 Peace officers may form, join, participate in, and be represented by employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations as provided by this chapter, provided such employee organizations:

.0401 Concern themselves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the peace officers' profession;

.0402 Are not subordinate to any other organization.

.050 If the City Management Representative finds that the proposed unit is not an appropriate unit, he shall state the reasons and notify the employee organization thereof.

.060 The determination of whether or not the proposed unit is an appropriate unit shall be made by the City Management Representative within twenty working days after the date of the filing of the petition with the City Management Representative.

.070 Appropriate units established pursuant to Section 1.06.120 of this chapter shall not be represented by more than one recognized employee organization.

.080 When the City establishes a new class, the City Management Representative shall determine which Unit, if any, shall include the new class. All recognized employee organizations shall be notified of such determination. A recognized employee organization which disagrees with the City Management Representative's determination may file a challenge to the allocation within fifteen working days. The challenge may be filed with the City Management Representative who will arrange a hearing. When the City assigns managerial authority and responsibility to an employee in a position within an existing unit of representation, said position may be excluded from the existing unit of representation upon the request of the employee and the concurrence of the City Management Representative and the recognized employee organization.

.090 Nothing contained in this section shall preclude the City Management Representative and the various affected employee organizations from mutually agreeing to the transfer of job classes from one bargaining unit to another or from a nonrepresented unit to a bargaining unit or from a bargaining unit to a nonrepresented unit. Any such agreed upon transfer will

not be subject to any representation proceedings outlined in this ordinance or the rules accompanying this ordinance. (Ord. 3741 § 1; July 26, 1977; Ord. 3040 § 1 (part); May 16, 1972; Ord. 4853 § 1; July 21, 1987; Ord. 5737 § 1; September 26, 2000.)

.010 There are two levels of employee organization recognition, recognition for purposes of consultation and recognition for purposes of meeting and conferring. The City Management Representative shall grant recognition, in writing, for purposes of consultation in good faith for its members, to all employee organizations filing a petition seeking recognition for purposes of consultation and submitting all information and documentation required by Section 1.06.110 of this chapter.

.020 If the City Management Representative finds that an employee organization has not complied with Section1.06.110 of this chapter, he shall state the reasons and notify the employee organization that it will not be granted recognition for purposes of consultation.

.030 The determination of whether or not an employee organization shall be granted recognition for purposes of consultation in good faith for its members shall be made by the City Management Representative within twenty working days after the date of the filing of the petition with the City Management Representative.

.040 The City Management Representative shall determine the majority representative of City employees in an appropriate unit by arranging for a secret ballot election. The employee organization found to represent a majority of the employees in an appropriate unit shall be granted recognition for purposes of meeting and conferring in good faith within twenty working days after the date of the election, and shall be 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 City representatives on employer-employee relations matters of concern to them.

.050 In cases where an employee organization has a Memorandum of Understanding in effect on June 15, 1972, and said employee organization and the City Management Representative have reached agreement on the appropriate unit or units covered by said Memorandum of Understanding, then the secret ballot election required by subsection .040 of this section shall not be applicable.

.060 Said employee organization shall be granted recognition by the City Management Representative for purposes of meeting and conferring in good faith for the appropriate unit or units so determined.

.070 The recognition rights of a majority representative in an appropriate unit 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 or until the expiration of any Memorandum of Understanding, whichever is later; provided, that recognition rights may be challenged between one hundred twenty and one hundred fifty days prior to the expiration of a Memorandum of Understanding, and that no Memorandum of Understanding shall be construed to be a bar for a period of more than three years. Existing Memorandums of Understanding shall remain in effect even when the recognition rights of employee organizations are changed in accordance with the provisions of this section. (Ord. 3741 § 2; July 26, 1977; Ord. 3040 § 1 (part); May 16, 1972.)

The City Council shall appropriate such funds as are necessary to carry out the provisions of this chapter. (Ord. 3040 § 1 (part), May 16, 1972.)

Nothing in this chapter shall be construed to deny any person or employee the rights granted by Federal and State laws and City Charter provisions. 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 chapter. The provisions of this chapter 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. (Ord. 3040 § 1 (part); May 16, 1972.)

If any section, subsection, subdivision, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have passed this chapter, and each section, subsection, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional. (Ord. 3040 § 1 (part); May 16, 1972.)