California City Municipal Code Art. 3 Collective Rights

This Article may be called the California City employee relations regulations.

( Ord. No. 14-725 , § 1, 10-21-2014)

This Article establishes the policies and procedures for the administration of employer-employee relations in an orderly fashion so efficiency of government is promoted. Such policies and procedures include provisions for: determination of representation of units, recognition of majority representatives, procedures for meeting and conferring and impasse resolution, and resolution of grievances and other disputes regarding wages, hours and other terms and conditions of employment.

( Ord. No. 14-725 , § 1, 10-21-2014)

Employees may form, join and participate in the activities of employee organizations of their choosing for the purpose of representation on matters of employee relations. Employees may refuse to participate in the activities of employee organizations and may represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights.

( Ord. No. 14-725 , § 1, 10-21-2014)

It is the exclusive right of the City to determine the mission of constituent departments, boards and commissions and set standards of service offered to the public and exercise control and discretion over organization and operations. It is also the exclusive right of the City to direct employees, to take disciplinary action for proper cause, relieve employees from duty because of lack of work or for other legitimate reasons, and determine the methods, means and personnel by which the City's operations are to be conducted. The exercise of City rights does not preclude employees, or their representatives, from conferring with the City or raising grievances about the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.

( Ord. No. 14-725 , § 1, 10-21-2014)

(a) A representational unit may be established in connection with a petition for certification or decertification of an employee organization or, if no petition for certification is pending and if none of the employees in the proposed unit are represented by an employee organization, the unit may be established at the direction of the City Manager.

(b) The appropriateness of a representational unit shall be determined by the City Manager after considering the following:

(1) Community of interest of employees;

(2) The history of employment relations in the unit;

(3) The effect of the unit on the efficient operations of the public services and sound employee relations; and

(4) The effect upon existing classification structure.

(c) In establishing units, professional employees shall not be included within a unit with non-professional employees unless a majority of such professional employees vote for inclusion in such unit. Safety employees shall not be included within the unit with non-safety employees under any condition.

(d) City Manager shall determine disputes concerning the relationship between existing units involving the addition or deletion of job classification.

( Ord. No. 14-725 , § 1, 10-21-2014)

(a) Following establishment of an appropriate representational unit, the City shall conduct a secret ballot election to determine whether the employees within the unit wish to be represented by an employee organization, and if they wish to be represented, their choice of representative.

(b) If a majority of the employees within a unit vote in favor of a particular employee organization representing them, such organization shall be designated the recognized employee organization.

(c) A petition alleging a recognized employee organization is no longer the majority representative of the employees in the unit may be filed with the City Manager by an employee, group of employees or their representatives. Such a petition may be filed after completion of the recognized employee organization's first year of recognition. If the City Manager determines the allegations in the petition are true, the City Manager may order another election as set forth in this section and in a manner consistent with applicable state law and regulations (PERB regulations).

( Ord. No. 14-725 , § 1, 10-21-2014)

(a) Matters affecting employee relations, including those not subject to negotiations, are subject to consultation between management representatives and the duly authorized representatives of affected employee organizations. Every reasonable effort shall be made to have such consultation prior to affecting basic changes in a rule or procedure affecting employee relations.

(b) The scope of negotiations between management representatives and the representatives of recognized employee organizations include wages, hours and other terms and conditions of employment within the employee representational unit.

(c) Negotiations shall not be required on subjects preempted by State or Federal law, nor shall negotiations be required on employee or employer rights. Amendments to this Article are excluded from the scope of negotiation.

(d) Management representatives and representatives of recognized employee organizations may, by mutual consent, negotiate on matters of employment concerning which negotiation is neither required nor prohibited.

( Ord. No. 14-725 , § 1, 10-21-2014)

Impasse resolution, meditation, fact finding, and unfair employee relations practice charges are governed by state law which shall control the manner in which the City and employee organizations representing City employees conduct themselves in such matter.

( Ord. No. 14-725 , § 1, 10-21-2014)

Inclusion of a grievance procedure within a memorandum of understanding is a matter for negotiation. Such procedure may include binding arbitration subject to the limitations imposed by law.

( Ord. No. 14-725 , § 1, 10-21-2014)

(a) The City Manager shall adopt rules and regulations regarding the activity of recognized employee organizations on City property including procedures for conferring with management the use of bulletin boards and solicitation of membership.

(b) Payroll deductions may be made for membership dues in accordance with applicable law and City rules.

(c) To facilitate negotiations, the City shall provide to the recognized employee organizations, the published data regularly available concerning salaries and other terms and conditions of employment by comparable public and private employers. When such data is gathered on a promise to keep its source confidential, the data may be provided in statistical summaries and the sources shall not be revealed.

(d) If an election for certification as an employee representative has been ordered, the City Manager shall provide the names and departments of employees in the unit to the employee organization qualified to appear on the ballot not later than fifteen days prior to the election.

(e) Reasonable time off without loss of pay shall be granted to employees serving organizations when formal negotiations occur during regular working hours. Only employees whose active participation in the conduct of such negotiation is necessary shall be authorized paid time off.

( Ord. No. 14-725 , § 1, 10-21-2014)

(a) This Article shall not be construed to deny rights granted by Federal or State law.

(b) The enactment of this Article shall not be construed as making the provisions of Labor Code Section 923 applicable to City employees.

(c) This Article is not intended to conflict with Chapter 10, Division 4, Title 1 of the Government Code (commencing with Section 3500) as amended.

(d) The rights, powers and authority of the Council in matters, including the right to maintain any legal action, shall not be modified or restricted by this Article.

( Ord. No. 14-725 , § 1, 10-21-2014)