Los Angeles Municipal Code Art. 12 Covid-19 Vaccination Requirement for All Current and Future City

EMPLOYEES

Section 4.700 Definitions. 4.701 Vaccination and Reporting Requirement. 4.702 Qualified Exemptions. 4.703 Other Requirements. 4.704 Limitations on Promotions, Transfers, and Appointments. 4.705 Severability. 4.706 Employment Following Resignation or Termination.

The words and terms defined in this section shall have the following meanings as used in this article.

(a) “COVID-19" means the Novel Coronavirus disease 2019, the disease caused by the SARS-CoV-2 virus and that resulted in a

global pandemic.

(b) “Employees” includes full, part-time and as-needed City employees regardless of appointment type, volunteers, interns, hiring

hall, appointed officers, board members and commissioners, 120-day retired employees, elected officials and at-will appointees of elected officials.

(c) “COVID-19 Vaccine”: A COVID-19 vaccine satisfies the requirement of this policy if the U.S. Food and Drug Administration

(FDA) has issued Emergency Use Authorization (EUA) or full Licensure for the COVID-19 Vaccine. Vaccines that currently meet this requirement include Moderna or Pfizer- BioNTech (two-dose COVID-19 vaccine series) and Johnson & Johnson/Janssen (single- dose COVID-19 vaccine).

(d) “Fully vaccinated” means 14 days or more have passed since an employee received the final dose of a two-dose COVID-19

vaccine series (Moderna or Pfizer-BioNTech) or a single dose of a one-dose COVID-19 vaccine (Johnson & Johnson/Janssen).

This definition may be expanded should booster shots for the COVID-19 vaccines be required in accordance with guidance provided by the U.S. Centers for Disease Control (CDC), FDA, Los Angeles County Department of Public Health and/or any other medical entity that provides health and safety guidance.

(e) “Partially Vaccinated” means employees who have received at least one dose of a COVID-19 vaccine, but do not meet the

definition of fully vaccinated as defined herein.

(f) “Unvaccinated” means employees who have not received any doses of COVID-19 vaccine or whose status is unknown.

Effective June 2, 2024, the above provisions of this section shall expire.

SECTION HISTORY

Article and Section Added by Ord. No. 187,134, Eff. 8-25-21.

Amended by: Last para. added, Ord. No. 188,279, Eff. 6-24-24.

(a) To protect the City’s workforce and the public that it serves, all employees must be fully vaccinated for COVID-19, or request an exemption, and report their vaccination status in accordance with the City’s Workplace Safety Standards, no later than October 19, 2021.

(b) As of October 20, 2021, the COVID-19 vaccination and reporting requirements are conditions of City employment and a minimum requirement for all employees, unless approved for an exemption from the COVID-19 vaccination requirement as a reasonable accommodation for a medical condition or restriction or sincerely held religious beliefs. Any employee that has been approved for an exemption must still report their vaccination status.

(c) Vaccination Requirements.

(1) Employees must receive their first dose of a two-dose COVID-19 vaccine no later than September 7, 2021; second dose no later than October 5, 2021, of a two-dose COVID-19 vaccine series (Moderna or Pfizer-BioNTech).

(2) Employees must receive their single dose of a single-dose COVID-19 vaccine (Johnson & Johnson/ Janssen) no later than

October 5, 2021.

(3) Requests for exemption from the COVID-19 vaccination must be submitted no later than September 7, 2021.

(4) Effective October 20, 2021, any new contract executed by the City shall include a clause requiring employees of the contractor and/or persons working on their behalf who interact with City employees, are assigned to work on City property for the provision of services, and/or come into contact with the public during the course of work on behalf of the City to be fully vaccinated.

(d) Reporting Requirements.

(1) The City shall continue to collect and regularly report employees’ vaccination status as long as such data is deemed necessary
and useful. The City will collect data in accordance with the City’s Workplace Safety Standards.

(2) Booster shots for the COVID-19 vaccines may be required in accordance with guidance provided by the CDC, FDA, Los
Angeles County Department of Public Health and/or any other medical entity that provides health and safety guidance.

a. Employees will be required to report their COVID-19 booster status to the appointing authority should the City determine
that COVID-19 boosters are required in conformity with being fully vaccinated.

b. The Personnel Department will be responsible for maintaining COVID-19 booster status in accordance with the method
outlined in subsection (b), above.

(e) Effective June 2, 2024, the provisions of Subsections (a) through (d) above shall expire.

SECTION HISTORY

Article and Section Added by Ord. No. 187,134, Eff. 8-25-21.

Amended by: Subsec. (e) added, Ord. No. 188,279, Eff. 6-24-24.

All current and future City employees shall have the right to petition for a medical or religious exemption to be evaluated on a case-by-case basis, consistent with City procedures for reasonable accommodation requests. Documentation prescribed by the City shall be required.

(a) Employees with medical conditions / restrictions or sincerely held religious beliefs, practices, or observances that prevent them

from receiving a COVID-19 vaccine shall qualify for COVID-19 vaccine exemption, upon approval of documentation provided by the employee to the appointing authority or designee. Employees who qualify for the medical or religious exemptions may be subject to weekly testing, as provided in (b)(1), below.

(b) Employees with medical or religious exemptions and who are required to regularly report to a City worksite shall be subject to

weekly COVID-19 tests. Testing will be provided to the employees at no cost during their work hours following a process and timeline determined by the City.

(1) Employees with medical or religious exemptions who are telecommuting or teleworking shall be subject to ad hoc

COVID-19 testing when they are asked to report to a worksite on an as-needed basis.

The City’s goal is to have a vaccinated workforce. As such, employees will not have the option to “opt out” of getting vaccinated and become subject to weekly testing. Only those with a medical or religious exemption and who are required to regularly report to a work location are eligible for weekly testing.

Effective June 2, 2024, the above provisions of this section shall expire.

SECTION HISTORY

Article and Section Added by Ord. No. 187,134, Eff. 8-25-21.

Amended by: Last para. added, Ord. No. 188,279, Eff. 6-24-24.

(a) Health Orders. Nothing in this ordinance precludes the City from following any order issued by local, state, or county health officers regarding mask mandates or physical distancing. If any order the City has adopted is anticipated to change, the City shall alert labor organizations of the potential change at the earliest opportunity so as to begin impact bargaining over the potential change.

(b) Masks and Physical Distancing. Employees who are unvaccinated, partially vaccinated, or have an unreported status for any reason shall, in compliance with City standards and notwithstanding public policy guidelines, continue to wear masks and adhere to physical distancing protocols while present at any City worksite or facility or interacting with members of the public, except where it would be physically hazardous to do so due to the type of work performed.

(c) COVID-19 Vaccine Training. Beginning October 5, 2021, any Employee (as defined herein) who is not fully vaccinated shall be

required to complete an online vaccination training course administered by the Personnel Department. The City will continuously assess the need for such training.

(d) Policy Status. The CAO will monitor status reports and progress of reported vaccination statuses and discuss such information with labor organizations on an ad hoc basis to determine the progress and update the policy as necessary toward achieving the City’s goal of a fully vaccinated workforce. All data will be kept confidential, consistent with directions issued by the Personnel Department, outlined herein.

(e) Effective June 2, 2024, the provisions of Subsections (a) through (d) above shall expire.

SECTION HISTORY

Article and Section Added by Ord. No. 187,134, Eff. 8-25-21.

Amended by: Subsec. (e) added, Ord. No. 188,279, Eff. 6-24-24.

(a) All candidates and applicants seeking initial City employment, promotions, or transfers, including regular appointments, emergency appointments, temporary appointments, intermittent appointments, limited appointments, exempt full-time and half-time and hiring hall employment, must meet the minimum qualification of being fully vaccinated or receive an exemption and report their vaccination status prior to the appointment, promotion, or transfer.

(1) All fully vaccinated employees that have reported their status to the appointing authority are eligible immediately for any
promotion, or transfer.

(2) All employees whose vaccination status is unvaccinated, partially vaccinated, or unreported shall be ineligible to promote or
transfer until the employee has reported to the appointing authority that they have been fully vaccinated.

(b) This section regarding the limitations on promotions and transfers shall become effective subject to the completion of the bargaining process with affected unions.

(c) Effective June 2, 2024, the provisions of Subsections (a) and (b) above shall expire.

SECTION HISTORY

Article and Section Added by Ord. No. 187,134, Eff. 8-25-21.

Amended by: Subsec. (c) added, Ord. No. 188,279, Eff. 6-24-24.

If any term or provision of this section is found to be in conflict with any City, State, or Federal law, the City will suspend said section as soon as practicable and the remainder of this Ordinance shall not be affected thereby.

SECTION HISTORY

Article and Section Added by Ord. No. 187,134, Eff. 8-25-21.

Effective June 2, 2024, employees who resigned or were terminated pursuant to any of the provisions of Sections 4.700 through 4.704 of this Code may be eligible for rehire in accordance with established City policies and procedures and required background processes, as applicable, in the same classification held prior to their separation from City service. Such eligibility for rehire will take into consideration said employees’ work history and any disciplinary action that occurred during their prior employment with the City of Los Angeles. Nothing in this section shall be read to limit or otherwise restrict the City from exercising discretion in hiring decisions.

SECTION HISTORY

Added by Ord. No. 188,279, Eff. 6-24-24.

CHAPTER 8

EMPLOYER - EMPLOYEE RELATIONS

Section 4.800 Statement of Purpose. 4.801 Definition of Terms. 4.810 Employee Relations Board. 4.811 Advisory Management Council. 4.820 Qualifications of Employee Organizations. 4.822 Formal Recognition of Employee Organizations. 4.830 Meeting and Conferring and Consulting. 4.840 Resolution of Impasses in Meeting and Conferring. 4.845 Paid Time off for Representatives of Recognized Employee Organizations. 4.850 Advance Notice to Employee Organizations. 4.855 Availability of Data. 4.857 Employee Rights. 4.859 City Management Rights. 4.860 Unfair Employee Relations Practices. 4.865 Grievance Procedure for Recognized Employee Organizations. 4.870 Organization for Relationships with Employee Organizations. 4.875 Applicability. 4.880 Construction. 4.890 Separability.

It is the purpose of this chapter to establish policies and procedures for the administration of employer-employee relations in city government, the formal recognition of employee organizations and the resolution of disputes regarding wages, hours and other terms and conditions of employment.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71.

The words and terms defined in this section shall have the following meanings in this chapter. Any term not defined herein which is defined in the Meyers-Milias-Brown Act shall have the meaning set forth therein.

Board – The Employee Relations Board established by this chapter.

City – The City of Los Angeles.

Confidential Employee – An employee who is privy to information leading to decisions of City management affecting employee relations.

Consult or Consultation – To communicate orally or in writing for the purpose of presenting or obtaining views or advising of intended actions.

Day – A calendar day.

Determining Body or Official – The body or official who has final authority to make a decision on matters under discussion within the scope of representation.

Employee Relations – The relationship between the City and its employees and their organizations, or when used in a general sense the relationship between management and employees or employee organizations.

Employee Representation Unit – A group of employees constituting an appropriate unit as provided by this chapter.

Fact-Finding – Identification of the major issues in a particular dispute; reviewing the positions of the parties; and the investigation and reporting of the facts by one or more impartial fact-finders; and, when directed by the Board, the making of recommendations for

settlement.

Grievance – Any dispute concerning the interpretation or application of a written memorandum of understanding or of departmental rules and regulations governing personnel practices or working conditions. An impasse in meeting and conferring upon the terms of a proposed memorandum of understanding is not a grievance.

For employees in the representation unit Police Officers, Lieutenant and below, excluded from the definition of grievance set forth above and excluded from the scope of the grievance process are disputes concerning discipline and disputes concerning transfers, promotions, promotional examinations, or probationary employee terminations – whether or not such matters involve discipline.

Impasse – A deadlock, after a reasonable period of time, in the meet and confer process between the City’s management representatives and representatives of recognized employee organizations on matters concerning which they are required to meet and confer in good faith or over the scope of matters upon which they are required to meet and confer.

Joint Council – Two or more qualified employee organizations which have joined together for the purpose of seeking certification as a recognized employee organization for an employee representation unit.

Management Employees – An employee having significant responsibilities for formulating or administering City or Departmental policies and programs.

Management Representative – A person designated by a determining body or official, to carry out the responsibilities specified for a management representative under this chapter.

Mediation – Efforts by an impartial party or parties to assist as intermediaries through interpretation, suggestion and advice, in reconciling disputes regarding wages, hours and other terms and conditions of employment between the City’s management representatives and representatives of recognized employee organizations.

Meet and Confer in Good Faith (or Meet and Confer) – The mutual obligation of the city’s management representatives and representatives of recognized employee organizations personally to meet and confer within 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.

Memorandum of Understanding – A written memorandum, jointly prepared by the parties incorporating matters on which agreement is reached through meeting and conferring between the City’s management representatives and representatives of a recognized employee organization. The memorandum shall be presented to the appropriate determining body or official of the City for determination and implementation.

Professional Employee – An employee 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.

Qualified Employee Organization – An organization which includes employees of the City, which has as one of its primary purposes representing such employees in their relations with the City, and which has complied with the conditions specified in Section 4.820 of this Code.

Recognized Employee Organization – A qualified employee organization or joint council of qualified organizations which has been certified by the Board as the majority representative of employees in an appropriate employee representation unit in accordance with the provisions of Section 4.822 of this Code.

Such certified majority representative shall be the exclusive representative of the employees in the unit, subject to the right of an employee to represent themself as provided in Section 4.857 of this Code.

Regular Employee – An employee who is appointed to a full-time or part-time permanent position.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71. Amended by: Ord. No. 144,210, Eff. 2-10-73; Ord. No. 151,272, Eff. 9-2-78. Second para. added to Grievance definition, Ord. No. 161,882, Eff. 3-17-87.

a. Establishment and General Functions. There is hereby established the Los Angeles City Employee Relations Board consisting of five members, whose terms shall be five years, appointed by the Mayor and confirmed by the City Council, to perform the functions hereinafter set forth.

Each member shall hold office until the member’s successor is appointed and confirmed. If a vacancy occurs during a term, the appointee to said vacancy shall hold office for the remainder of the term and until the appointee’s successor is appointed and confirmed.

b. Qualifications of Members. The members of the Board shall have broad experience in the field of employee relations and shall possess the impartiality necessary to protect the public interest including the interests of the City and its employees.

c. Appointment and Removal of Board Members. Board members shall be appointed and may be removed in accordance with the provisions of Charter Section 502.

d. Organization and Meetings of the Board. The Board shall meet regularly at least once each month and shall meet at other times upon call of the Chairperson. Three members shall constitute a quorum and the votes of a majority of the Board members are required for action. Annually, at the Board’s July meeting, the members of the Board shall elect a Chairperson.

e. (Repealed)

f. Powers and Duties of Board. The Board shall have the following powers and duties:

(1) To determine employee representation units upon the request of qualified employee organizations and determine any dispute concerning the relationship of employees in new or deleted classes to representation units.

(2) To arrange with the City Clerk or other appropriate agency for elections among employees of an established representation unit to select the recognized employee organization for the unit and to certify the organization determined to be the majority representative.

(3) To determine contested matters involving elections, certification or decertification of recognized employee organizations.

(4) To investigate and determine the validity of charges of unfair employee relations practices, to make findings, and to issue orders to cease and desist which are not in conflict with other provisions of law.

(5) To establish and maintain a list of mediators and other impartial third parties for use as provided for in this chapter.

(6) To conduct investigations and hold public hearings on all matters relating to the composition of representation units and unfair employee relations practices. Each member of the Board shall have the power to administer oaths and affirmations in any such investigation or public hearing before the Board. The Board shall have the power and authority to examine witnesses under oath. The Board may compel the attendance of witnesses and the production of evidence before it by subpoena to be issued in the name of the City of Los Angeles and to be attested to by the City Clerk. The City Clerk shall, upon the demand of the Chairperson of the Board, issue the subpoena in the name of the City and attest the same with the seal of the City, and shall in such subpoena direct and require the attendance of the witness and production of evidence before the Board at the time and place specified therein. The Chief of Police shall cause all such subpoenas to be served upon the person named therein.

(7) To determine issues affecting the recognition status of employee organizations involved in a merger, amalgamation, or transfer

of jurisdiction between two or more qualified employee organizations.

(8) To select one of its members to act as a hearing examiner pursuant to the provisions of this Code. To appoint nonmember

hearing officers to hear unfair employee practice charges. Nonmember hearing officers shall be compensated for each day of hearing and each day required to prepare a report and recommendations to be submitted to the Board, a daily rate equal to the rate allowed for arbitrators, mediators and fact finders, reference being made to the total daily compensation presently divided by the City and the affected employee organization.

(9) Following notice and hearing, to adopt reasonable rules and procedures, consistent with the provisions of this chapter and other

laws, and which are necessary in the performance of the duties and powers specified in this chapter.

(10) To appoint an employee to fill the position of Executive Director, and to appoint employees to fill other positions authorized for the Board by the City Council.

(11) To act upon requests for mediation or fact finding in connection with the resolution of impasses as provided in this chapter.

(12) To perform such other duties as may be necessary to carry out the Board’s responsibilities under the provisions of this chapter.

g. Facilities, Supplies and Equipment. The City Council shall provide compensation, appropriate office facilities and necessary supplies and equipment for the Board and its staff.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71. Amended by: Ord. No. 149,241, Eff. 2-11-77; Ord. No. 151,272, Eff. 9-2-78; Subsec. c.(1), Subsec. f.(10), Ord. No. 155,932, Eff. 11-15-81; Subsec. e., Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Subsec. c., Ord. No. 173,365, Eff. 7-29-00.

There is hereby created an Advisory Management Council. The Advisory Management Council shall provide for representation by department managers in personnel management and employee relations with policy-making processes and shall advise and assist the Director of the Office of Administrative and Research Services, the General Manager of the Personnel Department and the managers of operation

departments in the development of personnel management and employee relations policies. The Advisory Management Council shall consist of the Director of the Office of Administrative and Research Services, the General Manager of the Personnel Department, a representative appointed by the City Council, a representative of the Mayor, and not more than nine General Managers who shall be appointed by the Mayor, subject to confirmation by the City Council. The Director of the Office of Administrative and Research Services shall serve as Chairperson of said Council. Members shall serve at the pleasure of the appointing authority.

SECTION HISTORY

Added by Ord. No. 151,272, Eff. 9-2-78. Amended by: Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.

a. Each employee labor organization desiring qualification to represent, and bargain on behalf of, City employees in accordance with this Employer-Employee Relations Chapter, shall file a statement with the City Clerk containing the following:

(1) The name and address of the labor organization.

(2) The objectives of the labor organization and its charter and/or constitution and/or bylaws.

(3) The names and titles of its officers.

(4) The names of employees or persons authorized to represent the labor organization, and whether they are authorized to speak for the labor organization on all subjects, provided that this list may be supplemented from time to time. This requirement shall not prevent the appearance of an attorney-at-law or an independent consultant at the request of an employee or employee labor organization in any matter or proceedings.

(5) A statement that membership in such labor organization is not denied because of race, religious creed, color, sex, national origin or ancestry, or sexual orientation.

b. The City Clerk shall register each employee organization which complies with the requirements of this section and shall maintain a list of such qualified organizations for use in carrying out the provisions of this chapter.

c. Qualified employee organizations shall promptly notify the City Clerk of any changes in the items specified in Subsection a of this section occurring subsequent to the time of original filing.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71. Amended by: Ord. No. 144,210, Eff. 2-10-73; Subsec. a., Ord. No. 182,978, Eff. 4-18-14.

a. Criteria for Determination of Appropriate Employee Representation Units. The Board shall consider the following and other relevant factors in determining the appropriateness of representation units:

(1) The community of interests of employees.

(2) The history of employee representation in the unit, among other employees of the City and in similar employment.

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

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

(5) The effect on the City’s classification structure of dividing a single classification among two or more units.

(6) The right of professional employees to be represented separately from nonprofessional employees.

(7) Management or confidential employees shall not be included in the same unit with other employees.

b. Petition for Certification as Majority Representative. A qualified employee organization or joint council of qualified organizations desiring certification as the recognized employee organization of a proposed representation unit. shall file with the Board a petition in a form prescribed by the Board containing the information specified below. The Board shall immediately post a notice in a place in its office which is open to the public that the petition has been filed.

(1) A statement specifying all of the class titles of the positions in the proposed representation unit and the departments and bureaus

in which such positions are located.

(2) Written proof satisfactory to the Board dated within a period prescribed by the Board that the organization represents at least 30

percent of the regular employees in the proposed unit.

(3) A request that the Board certify the organization as the recognized employee organization representing a majority of the regular

employees in the proposed representation unit.

c. Processing Requests for Certification. Petitions for certification shall be processed as provided below. It is the intent of this chapter that all proceedings and actions in connection therewith be conducted and taken as expeditiously as possible.

(1) Upon receipt of a petition for certification as the recognized employee organization for a proposed representation unit, the

Board shall review the information submitted for compliance with the requirements specified in Subsection b of this section. In investigating the appropriateness of proposed representation units, the Board shall obtain and consider the reports and recommendations of the Personnel Department which shall take into consideration the views of all concerned departments and officers, and the effect on the City. Affected qualified employee organizations may submit their views concerning the proposed units, which views shall also be considered by the Board.

(2) Formal recognition shall be determined by election.

(3) Qualified employee organizations and joint councils, other than the petitioning organization or joint council, may intervene to seek consideration as the majority representative in a representation proceeding. In order to be eligible for consideration as an intervening organization, a qualified employee organization, or joint council must present within a period specified by the Board written proof satisfactory to the Board dated within a period specified by the Board that it represents at least 10 percent of the employees in the proposed unit. The Board shall then hold a hearing and determine the appropriate unit in accordance with the considerations prescribed in Subsection a of this section. The Board shall at the same time the unit is determined, determine the organizations which shall appear on the ballot, if an election is required, and notify the employee organizations and the departments concerned.

(4) After the representation unit has been finally determined, the Board shall, if an election is required, arrange for a secret ballot election to be conducted by the City Clerk or other agency designated by the Board. The choice of “no organization” shall also be included on the ballot. Regular employees in the unit shall be entitled to vote in such. election if they were employed during a period of time, specified by the Board, immediately prior to the pay period within which the election is held. Those employees shall be included who did not work during such period because of illness, vacation or authorized leave of absence. An employee organization or joint council shall be certified by the Board as the majority representative following an election or runoff election if such organization has received the vote of a numerical majority of the employees voting in the unit in which the election is held (i.e. in excess of 50 percent of the valid votes of all employees voting).

(5) In an election involving three or more choices, where none of the choices received a majority of the votes in accordance with Paragraph (4) above, a runoff election shall be conducted between the two choices receiving the largest number of votes.

(6) At least six months shall elapse following an election without a majority representative being chosen before a petition for

certification may be filed covering the same group of employees.

d. Notification of Election Results and Certification. The City Clerk or other agency conducting the election shall transmit the election results to the Board, and the Board shall notify affected employee organizations and departments of the election results and of its certification of the employee organization, if any, winning the election.

e. Duration of Certification. When an employee organization or joint council have been certified as the majority representative of an appropriate unit, certification shall remain in effect for one year from the date thereof, and thereafter, until the organization is decertified as provided in Subsection f of this section.

f. Decertification.

(1) When a petition for decertification alleging that a certified employee organization or joint council is no longer the majority
representative of employees in an appropriate representation unit may be filed with the Board by an individual employee, a group of
employees or their representatives, a qualified employee organization or a joint council of qualified employee organizations.

(2) The petition may be filed at any time after completion of the certified employee organization’s first year of certification.
Provided, however, that the Board may prescribe additional restrictions on the time of filing a petition during the terms, if any, of
approved memorandum of understanding entered into by such organization.

(3) The petition shall be in a form prescribed by the Board and shall include written proof satisfactory to the Board dated within a
period specified by the Board that at least 30 percent of the employees in the unit do not desire to be represented by the currently
certified employee organization. The petition may be accompanied by a petition for certification.

(4) If the Board determines that petition requirements have been met, it shall arrange for an election which shall be held in
accordance with the election provisions of Subsection c(4) of this section, to determine whether the currently certified organization
shall be decertified. Such organization shall be decertified if so determined through the election process.

(5) A decertification election may be held concurrently with a representation election where the Board considers it appropriate to

do so.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71. Amended by: Subsec. c(2), c(4), Ord. No. 151,272, Eff. 9-2-78.

a. Meeting and Conferring.

(1) The scope of meeting and conferring in good faith between management representatives and representatives of recognized

employee organizations includes, but is not limited to wages, hours, and other terms and conditions of employment within the employee representation unit.

(2) Meeting and conferring shall not be required on any matter preempted or specifically provided for by Federal or State law or the

City Charter, nor shall meeting and conferring be required on the exercise of Employee Rights or City Management Rights as defined in Section 4.857 and 4.859 of this Code. Rules and regulations adopted pursuant to Government Code Sections 3504.5 and 3507 and Rules of the Employee Relations Board and proposed amendment thereto are excluded from the scope of meeting and conferring but are subject to consultation as provided below.

(3) Requests for meeting and conferring by recognized employee organizations on matters requiring major budgetary financing

shall be submitted to the management representative of the City Council in time for adequate discussion, consideration and action in connection with the budget.

(4) Meetings on those matters which affect employees generally may be held jointly with representatives of recognized employee

organizations representing all of the affected employees.

b. Consultation.

(1) The scope of consultation between management representatives and representatives of affected qualified employee
organizations includes employee relations matters that are specifically excluded from or otherwise not subject to the meet and confer
process.

(2) Every reasonable effort shall be made to have such consultations prior to effecting basic changes in any rule or procedure
affecting employee relations.

(3) Requests for consultation shall be directed to the management representative of the determining body or official having
jurisdiction over the matter to be discussed.

(4) In those instances where the Board has certified a qualified employee organization as the recognized employee organization for
a particular representation unit, representatives of other qualified organizations having members in that unit shall not have the right to
consult on employee relations matters on behalf of employees in said unit.

c. Referral of Requests. Requests on matters within the scope of representation submitted to the City Council shall stand automatically referred to the management representative of the Council for review and processing pursuant to the provisions of this chapter.

d. Management and Confidential Employees. Management and confidential employees as defined in Section 4.801 of this Code shall be designated by departments in consultation with the Personnel Department. Management and confidential employees shall not represent any employee organization which represents other employees on matters within the scope of representation. In the event a dispute arises with a qualified employee organization over such designations the matter may be appealed to the Board for determination.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71. Amended by: Ord. No. 144,210, Eff. 2-10-73.

a. Processing of Impasses Involving Proposed Changes to the Los Angeles City Charter.

(1) If after a reasonable period of time the management representative and representatives of a recognized employee organization
reach an impasse, declared by any party, on any matter subject to the meet and confer process requiring an addition to, deletion from,
or amendment of any provision of the Los Angeles City Charter, the meet and confer process shall be deemed to have been completed.
The impasse shall then be presented to the City Council for final determination.

(2) The Board shall have no jurisdiction over any impasse falling fully under the provisions of this subsection or over that portion of any multiple issue impasse for which this subsection applies.

b. Processing of Impasses Not Involving Proposed Changes to the Los Angeles City Charter.

(1) If after a reasonable period of time the management representative and representatives of a recognized employee organization
reach an impasse on any matter not requiring an addition to, deletion from, or amendment of any provision of the Los Angeles City
Charter, either party or parties may request the assistance of the Board in resolving the impasse.

(2) If the Board finds that the parties have not devoted sufficient time or effort to resolving the impasse, it may deny the request
and return the matter to the parties for further consideration.

(3) If the Board concludes that in fact an impasse exists on matters not subject to the provisions of Subsection a, above, it may
appoint one or more mediators or fact-finders to assist the parties.

(4) Fact-finding shall be limited to those issues originally referred for dispute settlement as determined by the Board.

Fact-finding proceedings shall be private. The fact-finding report shall be filed with the Board. The Board shall, within five calendar
days, transmit copies thereof to the parties and may, in its discretion, make the report public.

(5) The Board shall adopt time limits and other restrictions on the fact-finding process substantially in accordance with the
recommendations of the fact-finder in Impasse No. 110. A copy of the fact-finder’s recommendations in Impasse No. 110 is on file at
the offices of the Employee Relations Board.

c. Cost of Impasse Resolution Procedures. The expense of mediation or fact-finding procedures shall be payable one-half by the City and one-half by the recognized employee organization. The City shall furnish meeting space when required for such proceedings.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71. Amended by: Subsecs. a and b, Ord. No. 161,787, Eff. 1-9-87.

Reasonable time off without loss of pay shall be granted to employees serving as authorized representatives of recognized employee organizations when formally meeting and conferring during regular working hours with City management representatives on matters within the scope of representation. The number of employees granted such time off shall be based on a ratio of one for each 100 employees in the employee representation unit, provided that the number shall not be less than two, nor more than seven, or other such number as mutually agreed upon by the parties. Only those employees whose active participation in the conduct of such meetings is necessary shall be authorized paid time off.

SECTION HISTORY

Added by Ord. No. 141,257, Eff. 3-5-71. Amended by: Ord. No. 151,272, Eff. 9-2-78.

a. A determining body or official shall give reasonable advance written notice to each qualified employee organization affected, of any ordinance, rule, resolution or regulation within its jurisdiction directly relating to matters within the scope of representation proposed to be adopted by the determining body or official and shall give such organization an opportunity to consult with the determining body or official, subject to the restrictions on the right to consultation contained in Section 4.830 b.(4).

b. In cases of emergency, when such an ordinance, rule, resolution or regulation must be adopted immediately without prior notice to qualified employee organizations effected, notice shall be given by the appropriate determining body or official, and an opportunity to consult shall be given to each organization subject to the restrictions on the right to consultation contained in Section 4.830(b) at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation.

c. The provisions of Subsections a and b shall not apply to any ordinance, rule, resolution or regulation prepared or adopted pursuant to a Memorandum of Understanding.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71. Amended by: Ord. No. 144,210, Eff. 2-10-73.

a. The City will make available to employee organizations such non-confidential information pertaining to employment relations as is contained in the public records of the City, subject to the limitations and conditions set forth elsewhere in the Los Angeles Administrative Code and in the California Public Records Act.

b. Such information shall be made available during regular office hours in accordance with the City’s rules and procedures.

c. 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.

d. Upon the setting of an election by the Board, the Personnel Department shall, upon request of a qualified organization approved for inclusion on the ballot, furnish a list of the names and departments of employees in the representation unit. The list shall be made available a reasonable time in advance of the election.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71.

Employees of the City shall have the right to form, join, and participate in the activities of employee organizations of their own choosing pursuant to the provisions of this chapter for the purpose of representation on matters of employee relations, other than those excluded herein. City employees also 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 employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the employee’s exercise of these rights.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71.

Responsibility for management of the City and direction of its work force is vested in City officials and department heads whose powers and duties are specified by law. In order to fulfill this responsibility it is the exclusive right of City management to determine the mission of its constituent departments, offices and boards, set standards of services to be offered to the public and exercise control and discretion over the City organization and operations. It is also the exclusive right of City management to take disciplinary action for proper cause, relieve City employees from duty because of lack of work or other legitimate reasons and determine the methods, means and personnel by which the City’s operations are to be conducted and to take any necessary actions to maintain uninterrupted service to the community and carry out its mission in emergencies; provided, however, that the exercise of these rights does not preclude employees or their representatives from consulting or raising grievances about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment; provided, however, that employees in the representation unit Police Officers, Lieutenant and Below or their representatives may not raise such grievances.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71. Amended by: Last line section para., Ord. No. 161,882, Eff. 3-17-87.

a. It shall be an unfair employee relations practice for management:

(1) To interfere with, restrain, discourage, or coerce employees in the exercise of their rights granted in this chapter;

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

(3) To refuse to meet and confer in good faith at reasonable times, places and frequencies with representatives of recognized

employee organizations or to refuse to consult upon request with qualified employee organizations on matters which are properly

within the scope of representation, where no recognized employee organization exits.

(4) To fail or refuse to cooperate in impasse procedures invoked under the provisions of this chapter.

(5) To discriminate against any employee because of race, religion, color, sex, national origin, ancestry, age, disability, marital status or sexual orientation with regard to terms and conditions of employment except as required by law or where based on a bona fide occupational qualification.

b. It shall be an unfair employee relations practice for employees, employee organizations or their representatives:

(1) To interfere with, restrain or coerce employees on the exercise of their rights granted in this charter.

(2) To discriminate against any employee because of race, religious creed, color, sex, national origin, or ancestry of any person with

regard to the terms and conditions of membership in an employee organization.

(3) Additionally, it shall be an unfair employee relations practice for a certified employee organization to refuse to meet and confer

in good faith at reasonable times, places and frequencies with City management representatives on matters which are properly within the scope of representation, to fail or refuse to cooperate in impasse procedures invoked under the provisions of this chapter, or for the Los Angeles Police Protective League to intentionally fail or refuse to comply with any provisions of a memorandum of understanding reached by the parties. Should the Los Angeles Police Protective League be abolished, this provision shall apply to any board or organization created to assume its functions as the recognized employee organization.

c. Claims of unfair employee relations practices under this section may be made by employee representatives, an individual employee or a group of employees, or by a management representative. Such claims shall be processed by the Board in accordance with its rules.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71. Amended by: Ord. No. 144,210, Eff. 2-10-73; Para. (5), Ord. No. 173,004, Eff. 2-3-00, Oper. 7-1-00; Subsec. (b)(3), Ord. No. 173,513, Eff. 9-26-00.

a. The management representative principally responsible for meeting and conferring with a recognized employee organization shall meet and confer with the representatives of such employee organization to develop a grievance procedure for employees in the representation unit, to be incorporated into any memorandum of understanding reached by the parties. Such grievance procedure shall apply to all grievances, as defined in Section 4.801 of this Code, shall provide for arbitration of all grievances not resolved in the grievance procedure, and shall conform to the following standards:

(1) Provision shall be made for discussion of the grievance first with the employee’s immediate supervisor on an informal basis;

(2) Provision shall be made for the filing of a formal grievance in writing, and for the processing of the unresolved grievance
through not more than four, nor less than two, levels of review with written notice of the results of each such review to the employee
and to the employee’s representative, if any;

(3) An employee may be represented by a representative of the employee’s choice in the informal discussion with the employee’s
immediate supervisor, in all formal review levels, and in arbitration; provided, however, that such representative may not be an
employee or officer of another qualified organization except with the written consent of the organization granted exclusive
representation.

(4) If the grievance is not resolved in the grievance procedure either party may submit the grievance to arbitration by written notice
to the other party of its desire to arbitrate. Following such notice the parties shall meet for the purpose of selecting an arbitrator from a
list of seven arbitrators to be furnished to the parties by the Board. In selecting the arbitrator from said list, the parties shall alternately
strike names from the list until one name remains. The arbitrator remaining shall hear the case. In the event the arbitrator is unable to
hear the case, the parties shall obtain a new list of seven arbitrators and shall select a new arbitrator in the manner set forth above.
With respect to grievances involving the Departments of Airports, Harbor, Water and Power, Library, Recreation and Parks, Pensions
and City Employees’ Retirement System the decision of the arbitrator shall be advisory only.

With respect to grievances involving all other City departments, the decision of the arbitrator shall be final and binding on the
parties;

(5) All expenses of arbitration, including the arbitrator’s fee shall be shared equally by the parties.

b. The Board shall maintain a list of neutral professional arbitrators and shall, upon request of any party, furnish to the parties to the dispute a list of seven arbitrators for selection of an arbitrator to arbitrate an unresolved grievance, as set forth above.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71. Amended by: Subsec. (a), Ord. No. 144,462, Eff. 3-1-73; Subsec. a(3), Ord. No. 151,272, Eff. 9-2-78.

a. Designation of Management Representative.

(1) The Director of the Office of Administrative and Research Services, or the employee authorized by the Director to act in such capacity, is hereby designated as the City’s management representative in formal relationships with representatives of recognized employee organizations on matters which are properly within the scope of representation on which the City Council is the determining body.

(2) The chief administrative officer of each City department or office, or the employee authorized by the chief administrative

officer to act in such capacity, is hereby designated as the City’s management representative in formal relationships with representatives of recognized employee organizations on matters which are properly within the scope of representation and on which the head of the department or office is the determining body or official.

b. Responsibilities of Management Representa- tives.

It shall be the responsibility of the City’s management representatives to:

(1) Personally, or through duly authorized representatives, meet and confer in good faith and endeavor to reach agreement with
representatives of recognized employee organizations.

(2) Review the progress of meeting and conferring with the determining body or official to receive advice and instructions.

(3) Jointly, with representatives of recognized employee organizations, prepare and sign written memorandums of understanding
incorporating all matters agreed on through meeting and conferring in good faith.

(4) Present the memorandums of understanding to the determining body or official for determination.

(5) If, after a reasonable period of time, agreement is not reached, review the matter with the determining body or official to
determine what further action should be taken.

c. Approval of Memorandum of Understanding.

(1) Memorandums of understanding on matters concerning which the City Council is the determining body shall become effective

when approved by the City Council. Where an ordinance is required to effectuate the Memorandum, it shall become effective upon the effective date of the ordinance.

(2) Memorandums of understanding on matters concerning which the head of a department or office is the determining body or

official shall become effective when approved by such body or official.

d. Coordination of Employee Relations.

(1) The Director of the Office of Administrative and Research Services shall:

(a) Keep the Mayor and City Council informed regarding the status of employee relations activities in the City.

(b) Establish a unit in the Director’s office to provide advice and technical staff assistance to department and office heads and management representatives in meeting and conferring with representatives of recognized employee organizations, preparing memorandums of understanding, dealing with impasses, carrying out other duties concerning the employee relations program, and to assure reasonable uniformity among departments in all aspects of the City’s employee relations program.

(c) Maintain a central clearing house of information for departments on recognized employee organizations, status of
discussions in progress, agreements reached and other information relating to the operation of the employee relations program.

(d) Monitor and evaluate the employee relations program and recommend appropriate revisions to policy, procedures and
rules to determining bodies or officials.

(e) Maintain liaison with and, upon request, provide assistance to the employee relations staffs of departments having
control of their own funds in carrying out the Director’s coordinating responsibilities.

(f) Provide reports and recommendations to the Personnel Department concerning the appropriateness of proposed
employee representation units.

(g) Issue bulletins from time to time, after consulting with affected employee bargaining units, interpreting Memorandum of
Understanding provisions, where a literal interpretation of the language may not reflect the intent of the parties or where the
language does not clearly outline procedures to be used in certain isolated circumstances. The Controller and other City
departments may further request clarification of Memorandum of Understanding provisions from the Director of the Office of

Administrative and Research Services where there is an indication that the provisions are not being uniformly interpreted through the City. Such interpretive bulletins shall be reviewed and approved by a representative of the City Attorney and by the Personnel Committee of the City Council prior to their issuance.

(2) The General Manager Personnel Department shall:

(a) On those issues and elements of the employee relations program involving Personnel Department responsibilities,

provide reports and recommendations to the Board and provide advice and assistance to department heads and management representatives. Keep the Mayor and City Council and other officials advised of such matters.

(b) Issue guidelines for departmental working rules.

(c) Coordinate the views of concerned departments on the appropriateness of proposed representation units and provide

reports and recommendations thereon to the Board.

(d) Maintain liaison with and provide assistance to the employee relations staff of departments having control of their own funds on those issues involving Personnel Department responsibilities.

(e) Provide training to assist operating departments in the handling of employee relations in accordance with Administrative
Code Sections 4.311 through 4.316.

(3) The management representative of each determining body or official shall:

(a) Provide advice and recommendations to the Personnel Department concerning the appropriateness of proposed
employee representation units.

(b) Provide in accordance with the provisions of Administrative Code Sections 4.311 through 4.316, and in cooperation with
the Personnel Department, training for departmental management and supervisory, personnel in the handling of employee
relations.

(c) Notify the Director of the Office of Administrative and Research Services of the status of employee relations activities;
such as, grievances, claims of unfair employee relations practices, and of requests to meet and confer in good faith.

(d) Notify the Personnel Department of the status of all employee relations activities involving Personnel Department
responsibilities.

e. Executive Employee Relations Committee.

(1) There is hereby established an Executive Employee Relations Committee consisting of the Mayor, the President and President
Pro-Tem of the City Council, the Chairperson of the Personnel Committee of the City Council or a member thereof to be designated
by the Chairperson, and the Chairperson of the Budget and Finance Committee.

(2) The Committee shall meet at the call of the Mayor until it has selected a chairperson, after which it shall meet at the call of the
chairperson. Such meetings shall be in closed session except when otherwise prohibited by law. Any member of the Council may
attend any meeting of the Committee.

(3) It shall be the duty of the Committee to meet no later than April 1 of each year with the City’s management representative to
give advice and instructions with respect to the City’s bargaining position in the meet and confer process.

(4) The Committee shall also advise the Council with respect to salaries set by ordinance.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Subsec. e, added, Ord. No. 150,940, Eff. 7-2-78; Subsec. d.(1)(g), added by Ord. No. 150,964, Eff. 7-8-78; Subsec. e.(2), Ord. No. 161,892,
Eff 2-16-87; Subsec. d.(1)(g), Subsec. e.(1), Ord. No. 164,741, Eff. 5-27-89, Oper. 7-1-89; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00.

This chapter shall apply to all departments offices and bureaus of the City.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71. Amended by: Ord. No. 141,934 amends Ord. No. 141,527, Eff. 5-30-71; Ord. No. 144,462, Eff. 3-1-73.

a. Nothing in this chapter shall be construed to deny any person or employee the rights granted by Federal and State laws and the provisions of the City Charter.

b. 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.

c. The enactment of this chapter shall not be construed as making the provisions of Section 923 of the California Labor Code applicable to employees of the City.

d. The provisions of this chapter are not intended to conflict with provisions of the Meyers-Milias-Brown Act.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71.

If any provision of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this chapter. The Council of this City hereby declares that it would have adopted this chapter and each provision thereof irrespective of the fact that any one or more provisions be declared invalid or unconstitutional.

SECTION HISTORY

Added by Ord. No. 141,527, Eff. 3-5-71.