Fresno Municipal Code Art. 6 Employer-Employee Relations

This article shall be known as the Employer-Employee Relations Ordinance of the City of Fresno.

(Added Ord. 72-1, 1972).

(a) The purpose of this article is to implement Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.) by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations and for resolving disputes regarding wages, hours, and other terms and conditions of employment.

(b) Nothing contained herein shall be deemed to supersede other provisions of the Fresno Municipal Code. This article is intended, instead, to strengthen the civil service system by providing a method of administering employer-employee relations through the establishment of uniform and orderly methods of communication between organized city employees and the city.

(Added Ord. 72-1, 1972).

(a) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Chapter 1, of this Code shall also govern the construction, meaning, and application of words and phrases used in this article unless the particular provisions or the context otherwise requires. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b) "Appropriate unit" means a group of classes of positions in the city service designated as a unit to be represented by a recognized employee organization in meeting and conferring on matters within the scope of representation.

(c) "City" means the City of Fresno, a municipal corporation, and where appropriate herein, "City" refers to the Council or any duly authorized executive management employee as herein defined.

(d) "Confidential employee" means an employee who is privy to decisions of city management affecting employer-employee relations.

(e) "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.

(f) "Director" means the Chief Administrative Officer of the city or such other person in the city service as he shall designate in writing to act on his behalf in the exercise of any power or the performance of any duty of the Director under this article.

(g) "Employee" means any person holding a permanent position, as defined in Section 3-201.

(h) "Employer-employee relations" means the relationship between the city and its employees and their employee organization.

(i) "Employee-organization" means any organization or joint council of two or more organizations, or its duly authorized representative, which includes employees of the city and, as one of its primary purposes, represents such employees in their employment relations with the city.

(j) "Executive management employee" means any employee having significant responsibilities in the formulating or administering of city policies and programs, including, but not limited to, the Chief Administrative Officer, the City Attorney, the City Clerk, and all department heads, together with their deputies and such other of their principal subordinates as are so designated by the Director based upon recommendation of the Chief Administrative Officer, the City Attorney, the City Clerk, or the department head concerned.

(k) "Fact finding" means the identification of the major issues in a particular dispute, a review of the position of the parties, and the making of findings of fact on the issues in dispute, without recommendation (other than the finding of mitigating facts under subsection (d) of Section 3-616), unless requested, in writing by all parties to the dispute, to make recommendations. A fact finder is an impartial person or a three-member panel skilled in matters of employer-employee relations, selected by mutual agreement of the affected parties.

(l) "Formal recognition" means the right of a formally recognized employee organization or a joint council, which has shown, pursuant to Sections 3-610 and 3-611, that it represents a majority of employees in an appropriate unit, to meet and confer in good faith as the formally recognized representative of employees in an appropriate unit.

(m) "Impasse" means:

(1) a deadlock in the annual meet and confer process between a formally recognized 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 employee organization, advanced in good faith, concerning a decision of the Director made pursuant to Section 3-610, or 3-611.

(n) "Joint Council" means two or more employee organizations which have joined together for the purpose of seeking or exercising representation rights for an appropriate unit.

(o) "A majority" or "the majority" means "at least fifty percent plus one."

(p) "Management employee" means an executive management employee or a supervisory management employee.

(q) "Mediation" or "conciliation" means the efforts of an impartial third person or persons, functioning in the capacity of intermediary, to assist the parties in reaching a voluntary resolution of an impasse, through interpretation, suggestion, and advice. "Mediation" and "conciliation" are interchangeable terms.

(r) "Meet and confer in good faith" (sometimes referred to herein as "meet and confer" or "meeting and conferring") means the performance, by the Director or his duly authorized representative, and by the duly authorized representative of a formally recognized employee organization of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation 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 Council on those matters within the decision-making authority of the Council.

"Meet and confer in good faith" does not require either party to agree to a proposal or to make a concession.

(s) "Peace officer" means a peace officer as defined in Section 830 of the California Penal Code, except that, for the purposes of this article only, "peace officer" does not mean a member of the Fire Department, whether or not such member is serving as a member of an arson investigating unit, as a deputy or assistant state fire marshal, or in any capacity wherein the member would have the status of peace officer for purposes other than that of this article.

(t) "Professional employee" means employees engaged in work requiring 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.

(u) "Public safety service" means every employee who is a "fireman" or "policeman" as defined in Section 3-301(22) and (23).

(v) "Recognized employee organization" means an employee organization which has been granted formal recognition by the Director pursuant to Section 3-610 and 3-611 or its duly authorized representative.

(w) "Scope of representation" means all matters relating to employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. Employee rights as set forth in Section 3-604, and city rights as set forth in Section 3-605(a), are excluded from the scope of representation.

(x) "Supervisory management employee" means any employee having authority to effectively recommend the transfer, suspension, lay-off, recall, promotion, discharge, assignment, adjustment of grievances, or discipline of other employees, or having the responsibility to direct them 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. In order to differentiate leadmen from supervisory management employees, the allocation of classes to supervisory management categories for the purpose of assignment to supervisory management employee representation units shall be contingent on meeting both of the following minimum criteria:

(1) Employees in the class should perform a variety of the supervisory tasks listed above, but these tasks must include.

(i) assigning work to subordinate employees.

(ii) reviewing the work of subordinate employees.

(iii) evaluating the performance of subordinates, when required under any program of employee performance evaluation, and

(iv) the authority to effectively recommend the adjustment of grievances.

(2) No class shall be allocated to a supervisory management category unless the job duties of a majority of the positions therein

(i) require the incumbent to spend a minimum of twenty percent of his time engaged in performing the supervisory duties listed in (1),

(ii) include the supervision regularly of at least three subordinate employees, and

(iii) are such that the incumbent does not engage in work similar to that of his subordinates more than forty percent of his time. (Added Ord. 72-1, 1972; Am. Ord. 73-89, §§ 1, 2, eff. 6-31-73; Am. Ord. 74-51, § 1, eff. 6-24-74).

Employees 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 including, but not limited to, wages, hours, and other terms and conditions of employment. Employees 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. No employees shall be interfered with, intimidated, restrained, coerced, or discriminated against by the city or by an employee or an employee organization because of his exercise of any of these rights. No management employee or confidential employee shall act as a representative of any employee organization which represents employees other than management employees or confidential employees. (Added Ord. 72-1, 1972).

(a) The exclusive rights of the city include, but are not limited to, the right to

(1) determine the mission of its constituent departments, divisions, commissions, and boards;

(2) set standards of service and municipal fees and charges;

(3) determine the procedures and standards of selection for employment, assignment, transfer, and promotion;

(4) direct its employees;

(5) take disciplinary action;

(6) relieve its employees from duty because of lack of work or for other legitimate reasons;

(7) maintain the efficiency of governmental operations;

(8) determine the methods, means, and personnel by which government operations are to be conducted;

(9) determine the content of job classifications;

(10) take all necessary actions to carry out its mission in emergencies;

(11) exercise complete control and discretion over its organization and the technology of performing its work.

(b) All rights formerly or presently claimed by or vested in the city on the effective date of this article and not mentioned in subsection (a) are retained by the city unless explicitly waived by the city by resolution of the Council or by Council-approved memorandum of understanding. (Added Ord. 72-1, 1972).

(a) The city, through the Director, shall meet and confer in good faith with representatives of employee organizations and joint councils, having formal recognition, regarding matters within the scope of representation 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 Charter, nor on employee rights or city rights as described in Section 3-604 or subsection (a) of Section 3-605. Proposed amendments to this article are excluded from the requirement to meet and confer. (Added Ord. 72-1, 1972).

All matters affecting employer-employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The city, through the Director, shall consult in good faith with any employee or his representative on employer-employee relations matters which affect the employee. (Added Ord. 72-1, 1972).

(a) Except as provided in subsection (b) of this section, advance written notice shall be given by the Director to each recognized employee organization affected by any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation and proposed to be adopted by the Director, by the Council, or by any board or commission of the city, and each such organization shall be given the opportunity to consult with the Director prior to such adoption.

(b) In cases of emergency when the Director or the Council or any board or commission of the city adopts immediately an ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation without prior notice or consultation with a recognized employee organization, the Director shall provide such notice and opportunity to consult at an early practicable time following the adoption of such ordinance, rule, resolution, or regulation. (Added Ord. 72-1, 1972).

(a) The Director may, and after review of a petition filed by an employee organization seeking recognition pursuant to Section 3-610 shall, determine the appropriate unit or units. Prior to making such determination he shall consult with any employee organization which has filed such a petition relevant to the determination and any affected or interested employee or employee organization. The consultation shall be for the purpose of the obtaining of employee and organization views on any proposed determination, including effect and operation of criteria stated in this section. The consultation time and place shall be set by the Director; consultation shall be informal and occur after reasonable notice has been given to such employees and organizations.

(b) The principal criterion in determining the appropriate unit shall be that the broadest feasible unit, based upon the internal and occupational community of interest among the employees therein, shall be established. The following factors, among others, are to be considered in making such determination:

(1) which unit will assure employees the fullest freedom in the exercise of rights set forth under this article;

(2) the history of employee relations

(i) in the proposed unit,

(ii) among other employees of the city, and

(iii) in similar public employment;

(3) the effect of the unit on the efficient operation of the city and sound employer-employee relations; and

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

(c) In the determination of the appropriate unit, the Director shall apply the following rules:

(1) Except in the case of confidential employees, a single class of employees shall not be divided among two or more appropriate units;

(2) no unit shall be deemed appropriate solely on the basis of the extent to which employees in the proposed unit have organized;

(3) professional employees shall not be denied the right to be represented separately from nonprofessional employees;

(4) confidential employees shall not be included in the same unit as nonconfidential employees; and

(5) management employees shall not be included in the same unit with nonmanagement employees; provided, however, that an employee classified as a Fire Captain or Police Sergeant may by secret ballot election, pursuant to Section 3-611, elect to be included in the same unit as nonsupervisory public safety services employees.

(d) 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 article, provided such employee organizations

(1) are composed solely of such peace officers;

(2) concern themselves solely and exclusively with wages, hours, working conditions, welfare programs, and advancement of academic and vocational training in furtherance of the police profession; and

(3) are not subordinate to any other organization which does not conform to (1) and (2). (Added Ord. 72-1, 1972).

(a) An employee organization or joint council that seeks formal recognition shall file a petition with the Director, in such form as the Director may prescribe, containing the following information and documentation;

(1) Name and address of the employee organization.

(2) Titles of its officers and names of incumbents therein.

(3) Names and titles of authorized employee organization representatives.

(4) A statement that the employee organization, as one of its primary purposes, represents employees in their employment relations with the city.

(5) Whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional, state, national or international organization, and, if so, the name and address of each such regional, state, or international organization.

(6) Copies of the employee organization's constitution or articles of incorporation and bylaws, including all amendments thereof, certified as true copies by an officer of the organization.

(7) A designation of the person, and his address, to whom notice will be deemed sufficient notice on the employee organization for any purpose.

(8) A statement that the employee organization recognizes, and has explained to its members, the applicability of Section 3-624 of this article, and the inapplicability of Section 923 of the California Labor Code, to city employees.

(9) A statement that the employee organization does not and will not impose any restriction on membership based on race, color, creed, sex, age, or national origin.

(10) A list of all the classes and the number of employees in each class in the unit claimed to be the appropriate unit.

(11) Written proof, as described in subsection (c), each dated by the signer within three months of the date upon which the petition is filed, to establish that a minimum of thirty percent of the employees eligible to vote in the unit claimed to be the appropriate unit have designated the employee organization to represent them in their employment relations with the city. Such written proof shall be furnished by submission with the petition of employee designations in the form required by subsection (c).

(12) A request that the Director grant formal recognition to the employee organization by recognizing it as the representative of the employees in the unit claimed in the petition to be the appropriate unit.

(b) The petition, including all accompanying documents, shall be verified under penalty of perjury by the Executive Officer or Secretary of the employee organization. If the petitioner is a joint council, information required by this section shall be supplied for each employee organization participating in the joint council. The Director may require additional specific information of any matter required to be included in the petition, and may require the periodic updating of all or any portion of the information.

(c) Written proof of the designation of the employee organization to represent any employee shall be made, utilizing substantially the following language and form:

EMPLOYEE'S DESIGNATION OF EMPLOYEE

ORGANIZATION TO REPRESENT THE EMPLOYEE

IN THE EMPLOYEE'S RELATION WITH THE

CITY OF FRESNO

The undersigned, being an employee of the City of Fresno,

hereby designates _____ (Name of Organization)

to represent the undersigned in all matters relating to employment conditions and employer-employee relations.

I understand the above organization will present this to the Director in order to become recognized by the city as my representative; that I am not required to sign this document, and I do so of my own free choice; and that until this designation is revoked by me in writing, I cannot have another organization represent me.

I acknowledge that the above organization has explained to me the applicability of Fresno Municipal Code Section 3-624 and the inapplicability of California Labor Code Section 923, to City employees.

Employee's Name _____

Class/Job Title _____

Department or Division _____

Dated this _____ day of ________, 19___, at Fresno, California.

(d) No employee shall be represented by more than one recognized employee organization. (Added Ord. 72-1, 1972; Am. Ord. 76-90, § 2, 10-24-76).

(a) After the appropriate unit has been determined pursuant to Section 3-609, and after the Director has received a petition filed pursuant to Section 3-610 with written proof that the petition represents a minimum of thirty percent of the employees eligible to vote in such appropriate unit, the Director shall arrange for a secret ballot election to determine the recognized employee organization for such appropriate unit. The election may be conducted by the State Conciliation Service or by any other independent organization providing election services when such other organization is selected by mutual agreement of the Director and any employee organizations having qualified for the ballot prior to the time arrangement for the election is made.

(b) Not less than thirty days before the date fixed for the closing of the ballot for any election, the Director shall give notice of the election. Such notice shall be headed "Notice of Election to Determine Employee Representative," and shall contain

(1) a description of the appropriate unit or units for which the election will be held;

(2) the date of the election;

(3) the hours during which the polls will be open for voting, provided that the polls shall be open for not less than six hours between 6 a.m. and 7 p.m.;

(4) the date and hour of the closing of the ballot for inclusion of names of employee organizations;

(5) the date and hour on or before which petitions pursuant to Section 3-610 must be filed with the Director in order to be considered for inclusion of the name of the filing employee organization on the ballot;

(6) the name of each employee organization which, as of the date of notice, has qualified for inclusion on the ballot;

(7) such other information relating to the election as the Director shall deem appropriate.

The notice shall be mailed to each employee organization which has filed with the Director a written request for notice of elections to be held under this section, and shall be posted on such bulletin boards on city premises and given such other publicity as in the judgment of the Director will be most likely to inform the affected employees and employee organizations. The applicability of all or any part of this subsection to any election conducted by the State Conciliation Service or other organization shall be as determined by that agency.

(c) Any employee organization shall be entitled to be included on the ballot for any election, provided it shall have:

(1) on or before the time specified in the notice of the election for the last filing of petitions, filed a petition pursuant to Section 3-610 with written proof that such organization represents ten per cent of the employees eligible to vote in the appropriate unit within which the election is to be held; and

(2) on or before the time specified in the notice of the election for the closing of the ballot, deposited with the Controller its pro rata share of the Director's estimate of the total cost of the election, together with its written agreement to pay its pro rata share of the actual cost of the election.

The choice of "no organization" shall also be included on the ballot.

(d) All employees shall be eligible to vote who were employed in positions within the appropriate unit on the last day of the pay period immediately prior to the date which is fifteen days before the election, and who are employed by the city in the same appropriate unit on the date of the election. An employee organization shall be granted formal recognition following announcement of the results of an election:

(1) if the employee organization received the votes of a majority of all the employees eligible to vote in the appropriate unit in which the election is held, or

(2) if at least sixty per cent of the total number of employees in the appropriate unit eligible to vote voted in the election, and the employee organization received a majority of all votes cast in the election.

The employee organization so granted formal recognition shall be the only employee organization entitled to meet and confer in good faith as the representative of employees in such appropriate unit on matters within the scope of representation.

(e) When an election involving three or more choices results in none of the choices having received a majority of the votes cast, and at least sixty per cent of the total number of employees in the unit eligible to vote voted in the election, a run-off election shall be conducted promptly thereafter between the two choices receiving the largest number of votes cast. The rules governing an initial election shall also apply to a run-off election. There shall be no more than one initial and one run-off election in a twelve-month period within the same unit. The twelve-month period shall commence on the date of the initial election, or, if there is a run-off election, the date of the run-off election.

(f) The cost of the election shall be paid by the employee organizations appearing on the ballot. The cost of the election will be shared on a prorated basis as follows: The votes cast for each employee organization appearing on the ballot will be totaled and equated to one hundred percent of the cost of the election. Each employee organization appearing on the ballot shall pay an amount equal to its percentage of the total votes cast in the election.

(g) The recognition rights of a recognized employee organization designated in accordance with this section shall not be subject to challenge by election for a period of at least twelve months following the date of such recognition. (Added Ord. 72-1, 1972).

(a) A petition for revocation alleging that an employee organization granted formal recognition is no longer the representative of a majority of the employees in an appropriate unit may be filed with the Director only during the last two months of any calendar year following the year in which formal recognition was granted. The petition for revocation may be filed by an employee, a group of employees or their representative, or an employee organization. The petition, including all accompanying documents, shall be verified under penalty of perjury by the person signing it that its contents are true. The petition for revocation shall be filed with the Director and shall contain the following:

(1) The name, address, and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information;

(2) The name of the formally recognized employee organization whose recognition is sought to be revoked;

(3) An allegation that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit; and

(4) The signatures of at least thirty percent of the employees in the unit dated by the signers within three months of the date upon which the petition is filed.

(b) If the Director finds that the petition complies with subsection (a) above he shall, upon receipt of the deposit required by subsection (d), arrange for a secret ballot election which may be conducted by the State Conciliation Service to determine if the formally recognized employee organization shall retain its recognition rights. Formal recognition of such employee organization shall be revoked by the Director if a majority of those voting in such election vote for revocation.

(c) The Director shall fix a date for the election for revocation which shall not be less than thirty nor more than sixty days after the filing of the petition. The Director may consolidate any election for revocation with an election on a petition for formal recognition as majority representative of the same unit, provided the petition for formal recognition is filed at the same time as or within thirty days after the filing of the petition for revocation.

(d) Petitioner shall deposit with the Controller an amount equal to the Director's estimate of the cost of the election, and the total cost of the election shall be paid by the petitioner; provided, however, if the revocation election is consolidated with an election for formal recognition pursuant to subsection (c), the costs of election shall be shared, and deposits made, in accordance with Section 3-611, subsections (b) and (e).

(e) There shall be no more than one revocation election in the same unit in any twelve-month period.

(f) Notwithstanding any other provision of this Article, employees in the Police Supervisory Management Unit may, prior to June 15, 1977, file a written request with the Director that an election be held to determine if the Fresno Police Officers' Association shall retain its recognition rights with respect to such Unit. Such written request shall contain the following:

(1) The names, classes and signatures of not less than seventy-five per cent of the employees in the Unit;

(2) An assertion that the request is submitted voluntarily by the employees signing such request and an assertion that neither individually nor collectively have such employees been coerced in the exercise of their rights as employees, nor have such employees been promised any benefit as inducement to submit such request;

(3) An assertion that a majority of the employees in the Police Supervisory Management Unit prefer and opt for the status of and treatment as unrepresented management employees.

Such written request shall be dated not more than ninety days prior to its filing with the Director. Should such request be filed as herein provided, the Director shall fix a date for a secret ballot election for revocation which date may be within five working days of the effective date of this ordinance and shall be not later than June 30, 1977. Such election shall be conducted by the Director or his designee. Notice of the date of such election shall be posted in the Fresno Police Administration Building not less than three days prior thereto. Formal recognition of the Fresno Police Officers' Association as representative of the Police Supervisory Management Unit shall be revoked by the Director and such Unit shall be deemed dissolved if a majority of those voting in such election vote for revocation. (Added Ord. 72-1, 1972; Am. Ord. 77-41, § 1, eff. 5-27-77).

A petition for modification of an established appropriate unit may be filed by an employee organization with the Director during the annual two-month period for filing a petition for revocation. The petition for modification shall contain all of the information set forth in subsection (b) of Section 3-610, together with a statement of all relevant facts in support of the proposed modified unit. The provisions of Section 3-610, subsection (b) (11) to the contrary notwithstanding, the petition shall be accompanied by written proof that a majority of the employees within the proposed modified unit have designated the employee organization to represent them in their employment relations with the city. The Director, in accordance with Section 3-609, shall determine whether the existing appropriate unit shall be modified as proposed in the petition. If the Director determines that the proposed modified unit is a more appropriate unit, then he shall follow the procedures set forth in Section 3-611 for determining formal recognition rights in such unit. (Added Ord. 72-1, 1972).

(a) Notwithstanding the provisions of Section 3-613, the existence of any of the following facts or circumstances, as determined by the Director, shall constitute grounds for modification of an established appropriate unit at any time:

(1) The creation of a new class in the city services;

(2) The deletion of a class from the city service;

(3) A change in the title of an existing class in the city service;

(4) A change in any of the factors originally utilized by the Director pursuant to Section 3-609 in establishing the appropriate unit in question;

(5) The discovery of a new factor which was not known to the Director at the time he originally allocated a class to an appropriate unit and which either contradicts one of the factors upon which his original decision was based or which would have compelled a different result at the time such allocation was made;

(6) Discovery of an error in the determination of any fact which was utilized in the allocation of any class to an appropriate unit, which error would have compelled a different result if known at the time such allocation was made.

(b) The Director may add a class to or delete a class from an appropriate unit at any time he finds one of the aforementioned grounds to exist, provided the employee organization representing each appropriate unit which would be modified by such action concurs therein. In the event such concurrence cannot be obtained, the matter shall be submitted in writing to an impartial third party selected in accordance with procedures established by the State Conciliation Service, for resolution. Such party may decide the matter on the writings submitted or may conduct a hearing in his discretion. The decision of such third party shall be binding upon all parties. Any fees and expenses for the service of the impartial third party shall be paid as follows:

(1) If the proposal of the Director is upheld, the fees and expenses shall be divided equally among any and all employee organizations which refused to concur therein.

(2) If the proposal of any nonconcurring employee organization is upheld the fees and expenses shall be borne by the city.

(3) In all other cases, the fees and expenses shall be apportioned among such parties as the third party, in his discretion, deems just.

(c) Notwithstanding (a) and (b) above, whenever the Director determines in accordance with the criteria specified in Section 3-603 that a position or class consists of management or confidential employees, he may, after ten days' written notice to all employees within such position or class or their representatives and the granting of an informal hearing thereon, remove any such position or class from the appropriate unit to which it had previously been allocated and add such position or class to an appropriate unit consisting of management or confidential employees. Nothing in this subsection, however, shall have any effect on the outcome of an election conducted pursuant to subsection 2-1909(c)(5).

(Added Ord. 74-81, § 1, eff. 9-22-74).

The Director is designated as the city's representative in all matters subject to the meet and confer process with authority to consult and meet and confer in good faith on all matters within the scope of representation.

(Added Ord. 72-1, 1972; Am. Ord. 74-51, § 2, eff. 6-24-74).

(a) It is an unfair employee relations practice for an employee, employee organization, or an employee representative

(1) to interfere with, restrain, or coerce any employee in the exercise of his rights granted in this article; or

(2) to violate any provision of Sections 3-621 or 3-622; or

(3) to discriminate against any employee because of race, creed, sex, age, color, or national origin, caste or indigeneity with regard to the terms and conditions of membership in an employee organization; or

(4) repealed and reserved;

(5) to fail, or refuse, to cooperate in impasse procedures invoked pursuant to Section 3-617; or

(6) For a formally recognized employee organization to fail, or refuse, to meet and confer in good faith with the Director at reasonable times, places, and frequencies on matters within the scope of representation.

(b) It is an unfair employee relations practice for an elective officer or a member of a board or commission of the city, or an executive management employee

(1) to interfere with, restrain, or coerce any employee in the exercise of his rights granted in this article; or

(2) to attempt to dominate or control any employee organization; or

(3) to fail, or refuse, to cooperate in impasse procedures invoked pursuant to Section 3-617.

(c) It is an unfair employee relations practice for

(1) the Director to refuse to meet and confer in good faith with the representative of a formally recognized employee organization at reasonable times, places, and frequencies, or to consult within a reasonable time after request; or

(2) repealed and reserved;

(d) A charge of an unfair employee relations practice may be filed with the Director by an employee, employee organization representative, an elected official, or a management employee. Such charges shall be processed by the Director who shall with reasonable promptness initiate a fact-finding procedure. The fees and expenses of fact finders incurred pursuant to this section shall be payable as follows: If the unfair employee relations practice charge is found to be true, the party charged shall bear the costs of fact finding. If the charge is found to be not true, the charging party shall bear the costs of fact finding. If the fact finder finds facts mitigating the charged party's conduct, the fact finder shall prorate the costs accordingly. The fact finder's report shall be filed with the City Clerk and shall be a public record.

(Added Ord. 72-1, 1972; Amd. Ord. 2014-24, § 1, eff. 6-13-14; Amd. Ord. 2023-031, § 1, eff. 11-3-23).

(a) An impasse resulting from the meet and confer process shall be resolved through the use of the impasse resolution procedures prescribed by this section. The impasse resolution procedures may be initiated only after the exhaustion of the possibility of resolution of the impasse through the meet and confer process.

(b) Any party may initiate the impasse resolution procedures sequence.

(c) The impasse resolution procedures and the sequence in which they must be utilized shall be as follows:

(1) Impasse meeting:

(i) The party initiating the impasse resolution procedures sequence shall deliver to the other party or parties involved a written demand for an impasse meeting together with a statement of the initiating party's position on all matters at impasse.

(ii) Immediately after receipt or delivery by the Director of the written demand, the Director shall schedule an impasse meeting. The Director shall give at least 24 hours' written notice of the time and place of such meeting to all other parties involved in the impasse.

(iii) Prior to or at the commencement of such meeting, each party, who received a demand for or written notice of such meeting, shall deliver to each other party a statement of the position of such party on all matters at impasse.

(iv) The purpose of the impasse meeting is to permit a review and clarification of the position of all parties on all matters at impasse in a further effort to reach agreement, and, if agreement is not reached on all matters at impasse, to select a further impasse procedure for the matter or matters remaining at impasse.

(2) Mediation:

(i) Mediation may be initiated only by mutual agreement of the parties at impasse.

(ii) The parties may, by mutual agreement, select only the California State Conciliation Service or Federal Mediation and Conciliation Service to mediate the impasse.

(iii) The mediator shall be presented a position statement of each party on all matters at impasse.

(iv) Mediation proceedings shall be private. Neither the mediator nor party involved in the mediation shall make any public recommendations or take any public position concerning the matters at impasse.

(3) Fact finding:

(i) If agreement is not attained on all matters at impasse after ten days of mediation, any party who was a party in the mediation procedure may demand fact finding.

(ii) If agreement to mutually select the fact finder cannot be attained within five days of receipt of the demand for fact finding, the Civil Service Board shall designate the fact finder.

(iii) Neither the Civil Service Board, nor any member thereof, may be designated as the fact finder.

(iv) Fact-finding proceedings shall be private. Neither the fact finder nor any party involved in the fact finding shall make any public recommendation or take any public position concerning the matters at impasse until after the fact finder's report has been filed with the City Clerk.

(v) The fact finder's report shall contain no recommendations unless requested, in writing by all parties to the impasse, to make recommendations.

(vi) The fact finder's report shall be first delivered to the parties at impasse, within ten days after selection of the fact finder, except such period may be extended by mutual agreement of the parties.

(vii) If an impasse still exists five working days after delivery of the fact finder's report to the parties at impasse, the fact finder's report shall be filed with the City Clerk and shall be public information.

(4) Such other impasse resolution procedures as the parties may agree upon.

(d) The sequence of the impasse resolution procedures specified in subsection (c) hereof may be modified as follows:

(1) If the Director determines, from a review of the position statements of the parties at impasse, delivered pursuant to subsection (c) (1) (i) and (iii) that an impartial investigation and determination of the facts will be likely to expedite an informed equitable resolution of the matter at impasse, the Director may require that such matter at impasse be submitted to fact finding before resort is had to any other impasse procedure.

(2) If the Director declines to agree to mediation on behalf of the city and fails to initiate fact finding under (1), any party to the impasse may require that the matter at impasse be submitted to fact finding before resort is had to any other impasse procedure.

(e) Any fees and expenses of fact finders, mediators, or of any other persons or agencies utilized pursuant to this section in furtherance of the resolution of an impasse shall be paid one-half by the city and one-half by the employee organization or organizations involved in the impasse.

(Added Ord. 72-1, 1972).

(a) A grievance is any dispute concerning the interpretation or application of this article, or rules or regulations governing personnel practices or working conditions. A grievance involves the claimed misapplication or misinterpretation of a rule or regulation relating to an existing right or duty; it does not relate to the establishment or abolition of a right or duty.

(b) A grievance must be initiated within fifteen days after the affected employee first knew or should have known of a grievable action or event. If the initiation of the grievance does not occur within said fifteen days, the grievance is void.

(c) Grievances shall be processed in accordance with the grievance procedure established by the Council by resolution. Such grievance procedure may be modified by consultation or meeting and conferring. (Added Ord. 72-1, 1972).

When a meeting and conferring process is concluded between the Director and a formally recognized employee organization, all agreed-upon matters shall be incorporated in a written memorandum or memoranda of understanding signed by the Director and the duly authorized representative. As to those matters within the authority of the Council, the memorandum of understanding signed by the Director and a duly authorized representative shall be submitted to Council for determination. (Added Ord. 72-1, 1972).

(a) A formally recognized employee organization only may have the regular dues of its members, within the appropriate unit for which the employee organization has been formally recognized as the representative, deducted from their paychecks, in accordance with procedures prescribed by the Controller. Dues deduction shall be for specified uniform amounts and shall be made only upon the voluntary written authorization of the members.

(b) Dues deduction authorizations shall be made upon dues authorization cards in the following form:

DUES DEDUCTION AUTHORIZATION

NEW ( ) CHANGE ( )

I, _____ , (Print full name)

employed as a _____ , (Print job title)

authorize and direct the Controller of the City of Fresno to make a payroll deduction from my earnings for my employee organization dues in the amount of _____ per month to be paid to

_____ (Name of formally recognized employee organization)

This authorization may be canceled and the payroll deduction discontinued upon written notice to the Controller during the last two months of a calendar year following the first full year of formal recognition of said organization.

The first deduction is authorized as soon as practicable after receipt of this authorization by the Controller.

I further authorize the deduction of any different amounts voted for, pursuant to the provisions of the _____ Articles or By-Laws at a general membership meeting and certified by the President of ___________ and this authorization shall remain in full force and effect until rescinded by me on the proper card.

_____ Signature of Employee Date

DEPARTMENT #_____

S.S. #___________

(c) Except as otherwise provided in a Council-approved memorandum of understanding, a dues deduction authorization may be canceled by a member, and the dues check-off payroll discontinued, during the last two months of any calendar year following the first full year of formal recognition, upon voluntary written notice to the Controller, on cards furnished by the Controller in the following form:

DUES DEDUCTION REVOCATION

I, _____ , (Print full name)

employed as a _____ , (Print Classification Title)

hereby cancel all dues deduction authorization heretofore signed by me.

_____ Date

(d) The employee's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized. When an employee is in a nonpay status for an entire pay period, no dues deduction shall be made from future earnings to cover that pay period, nor will the employee deposit with the Controller the amount which would have been deducted if the employee had been in a pay status during that period. In the case of an employee who is in a nonpay status during only a part of the pay period and the salary is not sufficient to cover other legal and required deductions, no dues deduction or deposit shall be made.

(e) A formally recognized employee organization for which dues are deducted shall pay to the city a service charge equal to the cost to the city, as determined by the Controller, of processing the dues deductions and check-off.

(f) Dues deducted by the city shall be transmitted to the officer designated in writing by the formally recognized employee organization as the person authorized to receive such funds, at the address specified.

(g) All formally recognized employee organizations who receive dues check-off shall thereby indemnify, defined [defend] and hold the city harmless against any claims made and against any suit instituted against the city on account of deduction or check-off of employee organization dues. In addition, each formally recognized employee organization shall refund to the city any amount transmitted in error, upon presentation of a claim therefor, accompanied by supporting evidence. (Added Ord. 72-1, 1972; Am. Ord. 75-98, § 1, eff. 11-2-75; Am. Ord. 76-91, § 1, eff. 10-24-76).

(a) A formally recognized employee organization may select as many as two employee members of such organization from the appropriate unit represented by such organization, and one additional such employee member for each 250 employees, or fraction thereof, in excess of 200 employees in such unit, to attend, during regular duty or work hours without loss of compensation, meetings scheduled with the Director to meet and confer on matters within the scope of representation affecting such appropriate unit, and to participate in the discussions, deliberations and decisions at such meetings. The selection of such employee members, or substitutes or replacements therefor, and their attendance at meetings during their regular duty or work hours, shall be subject to the following:

(1) The organization's duly authorized representative shall inform in writing the department head or officer under whom each selected employee member is employed that such employee has been selected.

(2) No selected employee member shall leave his duty or work station or assignment without specific approval of his department head or other authorized executive management official.

(3) Substitutes or replacements for selected employee members shall not be made except with the concurrence of the Director.

(4) In scheduling meetings due consideration shall be given to the operating needs and work schedules of the department, division or section in which the employee members are employed.

(b) Such meetings may be scheduled either before, during or after the regular duty or work hours of any employee member selected pursuant to subsection (a). If such an employee member attends and participates in such a meeting held during his regular duty or work hours, he shall be deemed excused from duty, without loss of compensation, during the duty time required to attend such meeting and to go to such meeting and return therefrom to the location of his employment. In no event shall attendance at or travel to and from such meeting be deemed a part of the duties of such member's employment with the city so as to entitle him to overtime or any other extra compensation therefor whatsoever. (Added Ord. 72-1, 1972; Am. Ord. 75-46, § 1, eff. 6-16-75).

Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose of processing grievances or contacting members of their respective organizations concerning business within the scope of representation. Such officers or representatives shall not enter or be present at any work location without the consent of the Director. Consent of the Director may be given whenever the Director determines such access or presence will not interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours. (Added Ord. 72-1, 1972).

(a) The city will make available to employee organizations such nonconfidential information pertaining to employment relations as is contained in the public records of the city, subject to the limitations and conditions set forth in this article and Government Code Sections 6250—6260. Such information shall be made available during regular office hours in accordance with the city's rules and procedures for making public records available and after payment of any established charges therefor. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source.

(b) Nothing in this section shall be construed as requiring the city to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the city. (Added Ord. 72-1, 1972).

(a) Nothing contained in this section is intended to waive or infringe upon any rights guaranteed to any party or entity under the Meyers Milias Brown Act (MMBA), Government Code §§ 3500, et seq., or any other applicable State or Federal law.

(b) Participation by an employee in an unlawful strike or work stoppage shall subject the employee to disciplinary action, up to and including removal from City service. Participation by an employee in a lawful strike or work stoppage is protected activity and will not subject the employee to disciplinary action. (Added Ord. 72-1, 1972; Am. Ord. 74-59, § 1, eff. 7-11-74; Am. Ord. 2003-45A, §§ 1, 2, eff. 7-18-03).

(a) Nothing in this article shall be construed to deny any person or employee the rights granted by City Charter provisions.

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

(c) No act or acts of the Council, the city or any city officer, employee, or agent occurring before the effective date of this article, or occurring after said date, and not in conformity to this article shall constitute either formal or informal recognition of an employee organization, but the procedures for recognition appearing in this article are exclusive.

(d) Violation of this article shall not be a misdemeanor. (Added Ord. 72-1, 1972).

The Director may adopt such rules and regulations necessary or convenient to implement the provisions of this article and Chapter 10, Division 4, Title 1 of the Government Code of the State (Sections 3500, et seq.). (Added Ord. 72-1, 1972).