Downey Municipal Code Ch. 7.5 Employee Organizations

As used in this chapter:

"Appropriate unit"

means a unit of employee classes or positions, established pursuant to Section 2755 of this chapter.

"City"

means the City of Downey and, where appropriate, refers to the City Council or any duly authorized City representative as herein defined.

"Confidential employee"

means an employee who, in the course of his or her duties, has access to confidential information relating to the City's administration of employer-employee relations.

"Consult/consultation in good faith"

means to communicate orally or in writing with all effected employee organizations, whether exclusively recognized or not, for the purpose of presenting and obtaining views or advising of proposed actions in an effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposal with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to any impasse procedures which may be established under this chapter.

"Employee organization"

means any organization which includes City employees and which has as one of its primary purposes, the representation of such employees in their relations with the City.

"Impasse"

means that the representatives of the City and a Recognized Employee Organization have reached the point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.

"Management employee"

means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs, or an employee having supervisory authority.

"Meet and confer in good faith"

means that the authorized representatives of the City and the representatives of recognized employee organizations have the mutual obligation personally to meet at reasonable times and confer in order to exchange freely information, opinions, and proposals and to endeavor to reach agreement on matters within the scope of representation. The obligation to meet and confer in good faith does not compel the representatives of either party to agree to a proposal or to make a concession.

"Memorandum of understanding"

means a legally binding agreement describing wages, hours, and working conditions, negotiated between the City and the exclusive representative. The language of the Memorandum of Understanding shall prevail whenever there is a conflict between language in this chapter and that in an existing Memorandum of Understanding.

"Personnel Officer"

means the Personnel Director or his/her duly authorized representative.

"Proof of employee support"

means: (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. If an authorization petition is submitted, the petition shall clearly indicate that employees desire to be represented by the employee organization for purposes of meeting and conferring on wages, hours and other terms and conditions of employment. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within six months prior to the filing of a petition.

"Recognized employee organization"

means an employee organization that has been formally recognized by the City the exclusive employee organization of an appropriate representation unit, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of representing such employees.

"Representative"

means those authorized by any employee organization.

"Supervisory authority"

means the authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(Added by Ord. 356, adopted 12-23-68; amended by Ord. 359, adopted 2-10-69; amended by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

Each City employee shall have the right to form, join and participate in the activities of employee organizations of his own choosing for the purpose of representation on all matters of employer-employee relations. Each City employee shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent himself individually in his employment relations with the City.

No person shall interfere with, intimidate, restrain, coerce, or discriminate against any employee because of his exercise of any of these rights.

(Added by Ord. 356, adopted 12-23-68; amended by Ord. 394, adopted 6-14-71)

As provided in Section 3508 of the Government Code of the State of California, the City Council hereby finds that it is in the public interests to prohibit full-time "peace officers" as that term is defined in Section 817 of the Penal Code, from forming, joining, or participating in any employee organization which is not either:

(a) Composed exclusively of Downey City employees; or

(b) Composed solely of such peace officers and which concerns itself "solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession", and which is "not subordinate to any other organization".

(Added by Ord. 356, adopted 12-23-68; amended by Ord. 359, adopted 2-10-69; repealed and reenacted by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

Every employee organization which seeks to be formally recognized as the employee organization with the exclusive right to represent the employees in an appropriate unit shall file a petition with the Personnel Officer containing the following information and documentation:

(a) The name and mailing address of the organization;

(b) The names and titles of its officers;

(c) The names of the representatives of the organization who are authorized to speak on behalf of its City members;

(d) A statement that the organization includes City employees who are members and who have designated the organization to represent them and specifies the total number of such employees;

(e) A statement whether the organization is a Chapter or Local of, or affiliated with, a regional, state, national, or international organization and, if so, the name and address of each such affiliated organization;

(f) A statement that the organization has as one of its primary purposes, representation of City employees in their employee relations with the City. Certified copies of the organization's constitution and by-laws or any other documents which verify this purpose shall be included as a part of the declaration;

(g) A designation of those persons, not exceeding five in number, and their addresses, to whom notices sent by regular United States mail will be deemed sufficient notice to the organization for any purpose;

(h) A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to City employees;

(i) The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein;

(j) A statement that the employee organization has in its possession written proof, dated within six months of the date upon which the petition is filed, to establish that a majority of employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Personnel Officer.

(k) A request that the City Council recognize the employee organization as the exclusive representative of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation.

(l) A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition.

(Added by Ord. 356, adopted 12-23-68; repealed and reenacted by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

(a) Upon receipt of the Petition, the Personnel Officer shall determine whether:

(1) There has been compliance with the requirements of Section 2754; and

(2) The proposed representation unit is an appropriate unit in accordance with subsection (b) of this section.

(b) The policy objectives in determining the appropriateness of units shall be the effect or a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:

(1) Which unit will assure employees the fullest freedom in the exercise of rights set forth under this chapter.

(2) The history of employee relations: (i) in the unit; (ii) among other employees of the City; and (iii) in similar public employment.

(3) The effect of the unit on the efficient operations of the City and sound employer-employee relations.

(4) The extent to which employees have common skills, working conditions, job duties or similar educational requirements.

(5) The effect on the existing classification structure of dividing a single classification among two or more unit.

(6) The effect of differing legally mandated impasse resolution procedures.

(Added by Ord. 356, adopted 12-23-68; repealed and reenacted by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

If the Personnel Officer determines that the petitioning organization has met the conditions set forth in Section 2754 and 2755, he/she will so inform the petitioning employee organization, will give written notice of such request for recognition to the employees in the unit and shall take no action on the request for 30 days thereafter.

If either of the foregoing matters are not affirmatively determined, the Personnel Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefor in writing. The petitioning employee organizations may appeal such determination in accordance with rules adopted by the City for this purpose.

Procedures regarding recognition of an employee organization as the exclusive representative, submission and review of challenging petitions, elections, unit decertification, unit modification, and severance petitions will be set forth in rules adopted by the City for this purpose.

(Added by Ord. 356, adopted 12-23-68; repealed and reenacted by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

The City Clerk shall maintain a current list of recognized employee organizations.

(Amended by Ord. 359, adopted 2-10-69; repealed and reenacted by Ord. 394, adopted 6-14-71)

The City Council shall, in accordance with Part VII, Supplemental Employee Relations – Rules and Regulations, Section 3.b., suspend or withdraw recognition from any employee organization if the exclusive representative is decertified.

(Amended by Ord. 359, adopted 2-10-69; repealed and reenacted by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

In addition to his other duties, it shall be the duty of the Personnel Officer to meet at reasonable times and confer in good faith with representatives of recognized employee organizations regarding wages, hours, and other terms and conditions of employment.

(Added by Ord. 356, adopted 12-10-68; repealed and reenacted by Ord. 394, adopted 6-14-71)

If the authorized representatives of a recognized employee organization desire to meet with the Personnel Officer other than at regularly scheduled meetings, they shall make their requests in writing and specify the matters to be discussed. Upon the receipt of the request, a mutually satisfactory time and place shall be arranged for the meetings. Only those matters specified in the notices may be discussed at the meetings.

(Added by Ord. 356, adopted 12-10-68; repealed and reenacted by Ord. 394, adopted 6-14-71)

If agreement is reached with respect to any matter considered at any meeting, the Personnel Officer with the assistance of the City Attorney, and the representatives of the recognized employee organization, shall jointly prepare a written memorandum of such understanding, which shall not be binding, and shall recommend it to the City Manager. If the City Manager concurs, he shall present it to the City Council for determination.

If the meet and confer process has reached an impasse as defined in this chapter, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the City Manager. The purpose of such meeting shall be:

(a) To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and

(b) If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.

Impasse procedures are as follows:

(1) If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.

(2) If the parties did not agree on mediation or the selection of a mediator or having so agreed, the impasse has not been resolved, the City Council may take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding.

(Added by Ord. 356, adopted 12-23-68; repealed and reenacted by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

The Personnel Officer need not meet with the representatives of any recognized employee organization to consider:

(a) Issues of public policy.

(b) The merits, necessity, or organization of any department, service, or activity provided by the City pursuant to law or ordinance; and

(c) Matters which relate to the management of the City or the direction of its work force, including the right to direct employees, to hire, promote, transfer, assign, or retain employees or suspend, demote, discharge, or take other proper disciplinary action against employees, maintain the efficiency of the operation of the City Government and take any actions necessary to meet conditions of an emergency nature.

(Amended by Ord. 359, adopted 2-10-69; repealed and reenacted by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

Any proposed ordinance, rule, or regulation relating to wages, hours or other terms and conditions of employment may be submitted to the City Council or Personnel Advisory Board at any regular meeting. Except in cases of emergency, action on the proposal shall be automatically continued until the next scheduled meeting of the City Council or Personnel Advisory Board. The City Clerk, in the case of proposals submitted to the City Council, and the Secretary of the Personnel Advisory Board, shall mail notices of the submission of the proposal to each recognized employee organization, whose City members are affected by it. The notice shall specify the time and place at which representatives of each such recognized employee organization shall have the opportunity to be heard with reference to the proposal before action is taken by the City Council or Personnel Advisory Board.

In cases of emergency, when the City Council or the Personnel Advisory Board determines that an ordinance, resolution, or rule must be acted upon immediately without prior notice to those recognized employee organizations, the notices shall specify that the representative of such recognized employee organization shall have an opportunity to be heard with reference to the ordinance, resolution, or rule at the next regular meeting of the City Council or Personnel Advisory Board.

(Added by Ord. 356, adopted 12-23-68; repealed and reenacted by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

The internal business of any employee organization, including, but not limited to, such matters as the solicitation of memberships, collection of money, and the election of officers shall not be performed during the working hours of the affected City employees unless so provided in a memorandum of agreement approved and accepted by the City Council.

Not more than five City employees who have been designated as the representatives of a recognized employee organization shall be allowed a reasonable amount of time off without loss of compensation or other benefits for the purpose of attending a formal meeting with the Personnel Officer if the meeting is scheduled to be held during working hours.

(Added by Ord. 356, adopted 12-23-68; repealed and reenacted by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

After consultation in good faith with representatives of affected recognized employee organizations, the Personnel Officer may, from time to time, recommend to the City Manager for submission to the City Council the adoption of such ordinances, rules, or regulations as may be necessary or desirable to facilitate the administration of employer-employee relations.

(Added by Ord. 356, adopted 12-23-68; repealed and reenacted by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

The provisions of this chapter shall not be construed to constitute a contract between the City and any employee or any recognized employee organization.

(Added by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

Nothing in this chapter shall be deemed to supersede the provisions of Chapter 7 of this article or of the rules and regulations adopted pursuant thereto establishing and regulating the City's personnel system. This chapter is intended to strengthen the City's personnel system by establishing an orderly method of communication between the City and representatives of recognized employee organizations.

(Added by Ord. 394, adopted 6-14-71; amended by Ord. 1118, adopted 3-12-02)

If any provision of these rules, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of these rules, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

(Added by Ord. 1118, adopted 3-12-02)