Article II — EMPLOYER-EMPLOYEE RELATIONS

SEC. 3-35. SHORT TITLE.

This article may be cited as “the employer-employee relations procedure of the city.”

(`64 Code, Sec. 2-42.1) (Ord. No. 1433)

SEC. 3-36. PURPOSE OF ARTICLE.

The purpose of this article is to implement Cal. Gov't Code, Sections 3500et seq., captioned “Local Public Employee Organizations,” 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.

(`64 Code, Sec. 2-42.2) (Ord. No. 1433, 3031)

SEC. 3-37. DEFINITIONS.

For the purposes of this article, the following words shall have the following meanings:

(A) APPROPRIATE UNIT - A unit established pursuant to section 3-44.

(B) CONSULT or CONSULTATION IN GOOD FAITH - Communication orally or in writing for the purpose of presenting and obtaining views or advising of intended actions.

(C) EMPLOYEE - Any person regularly employed by the city except elected officials.

(D) EMPLOYEE, CONFIDENTIAL - An employee who is privy to confidential decisions of city management affecting employer-employee relations.

(E) EMPLOYEE, MANAGEMENT -

(1) Any employee having significant responsibilities for formulating and administering city policies, including but not limited to the city manager and department

directors; and

(2) Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote or discharge another employee, or having

the responsibility to adjust grievances, or effectively to recommend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(F) EMPLOYEE ORGANIZATION - Any organization which includes employees of the city and which has as one of its primary purposes, representing such employees in their employment relations with the city.

(G) EMPLOYEE, PROFESSIONAL - 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.

(H) EMPLOYER-EMPLOYEE RELATIONS - The relationship between the city and its employees and their employee organization, or when used in a general sense, the relationship between city management and employees or employee organizations.

(I) EXCLUSIVE REPRESENTATION - The right of a formally recognized employee organization, which has shown that it represents a majority of employees in an appropriate unit, to meet and confer in good faith as the exclusive representative of employees in the appropriate unit.

(J) FACT-FINDING - 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, unless requested in writing by all parties to the dispute to make recommendations.

(K) FACT-FINDER - An impartial person or a three-member panel skilled in matters of employer-employee relations and acceptable to the disputing parties.

(L) IMPASSE -

(1) A deadlock in the annual or periodic discussions between a majority representative and the city over any matters requiring the parties 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 municipal employee relations officer

made pursuant to sections 3-43, 3-44 or 3-45.

(M) MAJORITY REPRESENTATIVE - An employee organization, or its duly authorized representative, that has been granted formal recognition by the municipal employees relations officer as representing the majority of employees in an appropriate unit.

(N) MEDIATION or CONCILIATION - The efforts of an impartial third person, functioning as intermediary, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice.

(O) MEET AND CONFER IN GOOD FAITH - Performance by duly authorized city representatives and duly authorized representatives of an employee organization recognized as the majority representative of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment, 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 city council on those matters within the decision-making authority of the city council, but does not require

either party to agree to a proposal.

(P) MUNICIPAL EMPLOYEE RELATIONS OFFICER - The city's principal representative in all matters of employer-employee relations designated pursuant to section 3-47, or duly authorized representative.

(Q) PEACE OFFICER - Defined in Cal. Penal Code, Section 830.

(R) RECOGNIZED EMPLOYEE ORGANIZATIONS - Formal recognition of an employee organization which has been acknowledged by the city as an employee organization that represents employees of the city with the exclusive right to meet and confer in good faith as the majority representative in an appropriate unit.

(S) SCOPE OF REPRESENTATION - All matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours and other terms and conditions of employment.

(`64 Code, Sec. 2-42.3) (Ord. No. 1433)

SEC. 3-38. EMPLOYEE RIGHTS.

(A) Employees of the city shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including but not limited to wages, hours and other terms and conditions of employment.

(B) Employees of the city 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.

(C) No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the city or by any employee organization because of the exercise of these rights.

(`64 Code, Sec. 2-42.4) (Ord. No. 1433)

SEC. 3-39. CITY RIGHTS.

(A) The rights of the city include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards, set standards of service, determine the procedures and standards of selection for employment and promotion, direct its employees, take disciplinary action, relieve its employees from duty because of lack of work or for other legitimate reasons, maintain the efficiency of governmental operations, determine the methods, means and personnel by which government operations are to be conducted, determine the content of job classifications, take all necessary actions to carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work.

(B) The exercise of such city rights shall not preclude employees or their representatives from meeting and consulting with management or filing grievances about the consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.

(`64 Code, Sec. 2-42.5) (Ord. No. 1433)

SEC. 3-40. MEETINGS ON MATTERS WITHIN SCOPE OF REPRESENTATION; TIME OFF FOR MEETING.

(A) The city, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organizations with majority representation rights regarding matters within the scope of representation including wages, hours and other terms and conditions of employment within the appropriate unit.

(B) The employee representatives designated pursuant to section 3-43, shall be allowed reasonable time off without loss of compensation or other benefits to formally meet and confer with representatives of the city.

(`64 Code, Sec. 2-42.6) (Ord. No. 1433)

SEC. 3-41. CONSULTATIONS ON CERTAIN MATTERS.

All matters affecting employer-employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The city, through its representatives, shall consult in good faith with any employee or his/her representative on employer-employee relations matters which affect the employee. Advance notice on matters subject to consultation, but outside the scope of representation, is desirable but not mandatory.

(`64 Code, Sec. 2-42.7) (Ord. No. 1433)

SEC. 3-42. NOTICE TO AFFECTED EMPLOYEE ORGANIZATIONS OF MATTERS PROPOSED TO CITY COUNCIL.

(A) Reasonable written notice shall be given to each recognized employee organization affected by any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the city council and each shall be given reasonable opportunity to meet with such body prior to adoption.

(B) In cases of emergency when the city determines that as an interim measure an ordinance, resolution, rule or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the city shall provide reasonable notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, resolution, rule or regulation. The city shall promptly take final action on the ordinance, resolution, rule or regulation following such notice and opportunity to meet.

(`64 Code, Sec. 2-42.8) (Ord. No. 1433)

SEC. 3-43. PROCEDURE FOR RECOGNITION OF MAJORITY REPRESENTATIVE; FILING OF PETITION.

An employee organization that seeks formal recognition for purposes of meeting and conferring in good faith as the majority representative of employees in an appropriate unit shall file a petition with the municipal employee relations officer containing the following information and documentation:

(A) Name and address of the employee organization;

(B) Names and titles of its officers;

(C) Names of up to three employees and one professional representative who as employee organization representatives are authorized to speak on behalf of its members;

(D) A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the city;

(E) A statement 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, national or international organization;

(F) Certified copies of the employee organization's constitution and bylaws;

(G) A designation of those persons, not exceeding three in number, and one professional representative when designated, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose;

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

(I) A statement that the employee organization has in its possession written proof to establish that employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the city. (Such written proof shall be submitted for confirmation to the municipal employee relations officer or to a mutually agreed upon disinterested third party.); and

that the employee organization has in its possession written proof to establish that employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the city. (Such written proof shall be submitted for confirmation to the municipal employee relations officer or to a mutually agreed upon disinterested third party.); and

(J) A request that the municipal employee relations officer recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation.

(`64 Code, Sec. 2-42.9) (Ord. No. 1433)

SEC. 3-44. DETERMINATION OF APPROPRIATENESS.

(A) When a petition is filed by an employee organization seeking formal recognition as majority representative, the city shall request the State Conciliation Service to make the determination as to whether the unit is an appropriate unit. If for any reason, the State Conciliation Service is unable to provide such a service, the determination shall be made by a mutually agreeable third party. The principal criterion in making the determination is whether there is a community of interest among such employees. 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:

  (a)  In the unit;

  (b) Among other employees of the city; and

  (c)  In similar public employment.

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

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

(5) The effect on the existing classification structure of dividing a single classification among two or more units. Provided, however, that no unit shall be established

solely on the basis of the extent to which employees in the proposed unit have organized.

(B) In the establishment of appropriate units:

(1)  Professional employees shall not be denied the right to be represented separately from nonprofessional employees; and

(2) Management and confidential employees who are included in the same unit with non- management or non-confidential employees may not represent such

employees on matters within the scope of representation.

(C) The fees and expenses, if any, for the initial determination of appropriate units, upon the implementation of this article, shall be paid by the city. In any future determination, the petitioning employee organization shall pay the fees and expenses.

(`64 Code, Sec. 2-42.10) (Ord. No. 1433)

SEC. 3-45. PROCEDURE FOR UNIT PLACEMENT OF NEW OR MODIFIED CLASSES.

Notwithstanding any other sections in this article, the municipal employee relations officer shall, after notice and upon request, consult with affected employee organizations regarding removal or allocation of new or modified classifications or positions into or out of units. If, after such consultation, an agreement is not reached concerning any such removal or allocation issue, then a determination shall be made concerning said issue, in the same manner in which the appropriateness of a unit is otherwise determined in this article.

(`64 Code, Sec. 2-42.10.1) (Ord. No. 2028)

SEC. 3-46. PROCEDURE FOR RECOGNITION OF MAJORITY REPRESENTATIVE; SECRET BALLOTS FORMAL RECOGNITION; CHALLENGED RECOGNITION.

(A) The determination of the majority representative of city employees in an appropriate unit shall be made by secret ballot election conducted by the State Conciliation Service or by any other reasonable method which is agreeable to the city and the employee organizations concerned and is backed upon written proof, and is designed to ascertain the free choice of a majority of such employees. The employee organization found to represent a majority of the employees in an appropriate unit shall be granted formal recognition and is the only employee organization entitled to meet and confer in good faith on matters within the scope of representation for employees in such unit. This shall not preclude individual employees from consulting with management representatives on employer-employee relations matters of concern to them.

(B) The recognition rights of a majority representative which has been challenged shall be sustained or revoked through the process of a secret ballot election in a manner that utilizes the same procedures as outlined in the determination of formal recognition.

(C) The recognition rights of the majority representative designated in accordance with this section shall not be subject to challenge for a period of not less than 12 months following the date of such recognition.

(`64 Code, Sec. 2-42.11) (Ord. No. 1483)

SEC. 3-47. MUNICIPAL EMPLOYEE RELATIONS OFFICER.

(A) The city council shall designate, by resolution, an employee of the city as municipal employee relations officer who shall be the city's principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation including wages, hours and other terms and conditions of employment. A copy of such designation shall be sent to persons specified in section 3-43 above.

(B) The municipal employee relations officer so designated is authorized to delegate these duties and responsibilities.

(`64 Code, Sec. 2-42.12) (Ord. No. 1433)

SEC. 3-48. RESOLUTION OF IMPASSE.

(A) Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows:

(1)  Mediation or conciliation - All mediation proceedings shall be private. The mediator shall make no public recommendations nor take any public position

concerning the issues.

(2) Fact-finding - All fact-finding shall be private. The fact finder shall make no public recommendations nor take any public position concerning the issues. The findings and recommendations of the fact-finder may be released by either party subsequent to their being received by both parties.

(3)  Referral to the city council - After a public hearing on the merits of the dispute, the city council may make a determination, or may refer the matter to mediation

or fact-finding.

(4)  Other procedures - Any other dispute resolving procedures to which the parties mutually agree.

(B) Any party may initiate the impasse procedures by filing with the other party affected, a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled by the municipal employee relations officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold:

(1) To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues; and

(2)   If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute may be submitted; in the absence of agreement between

the parties on this point, the matter may be referred to the city council.

(C) The fees and expenses, if any, of mediators or of any other impasse procedures, shall be payable one-half by the city and one-half by the employee organization or employee organizations.

(`64 Code, Sec. 2-42.13) (Ord. No. 1433)

SEC. 3-49. GRIEVANCES.

(A) A grievance is any dispute concerning the interpretation or application of this article, or of rules or regulations governing personnel practices or working conditions, or of the practical consequences of a city rights' decision on wages, hours and other terms and conditions of employment.

(B) Grievances shall be processed in accordance with existing procedures or as amended by the city after consultation in good faith with representatives of employee organizations.

(`64 Code, Sec. 2-42.14) (Ord. No. 1433)

SEC. 3-50. MEMORANDUM OF UNDERSTANDING.

(A) When the meeting and conferring process is concluded between the city and a formally recognized employee organization representing a majority of the employees in an appropriate unit, all agreed upon matters shall be incorporated in a jointly prepared written memorandum of understanding signed by the duly authorized city and majority representatives.

(B) As to those matters within the authority of the city council, the memorandum of understanding shall be submitted to the city council for determination.

(`64 Code, Sec. 2-42.15) (Ord. No. 1433)

SEC. 3-51. EFFECT OF OTHER LAWS, LEGAL RIGHTS.

(A) Nothing in this article shall be construed to deny any person or employee the rights granted by federal and State laws and this code or other city ordinance provisions, or to reduce or detrimentally affect any benefits relating to wages, hours and other terms and conditions of employment previously conferred on any employee.

(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 article.

(C) The provisions of this article are not intended to conflict with the provisions of Cal. Gov't Code, Sections 3500et seq., as amended in 1968.

(`64 Code, Sec. 2-42.16) (Ord. No. 1433)