Torrance Municipal Code Art. 8 Employer-Employee Relations

a) The City Manager shall be officially designated representative of the City Council in all employer-employee relations matters, 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.

b) The City Manager may delegate to any management employee as defined in this Article any powers and duties conferred on him by the provisions of this Article.

(Amended by O-3119)

As used in this Article, the following terms shall have the meanings indicated:

a) Recognized employee organization or recognized employee representative means employee organization, or its duly authorized representative, that has been certified by the Employee Relations Committee of the Civil Service Commission, as representing the majority of the employees in an appropriate representation unit.

b) Committee means the Employee Relations Committee of the Civil Service Commission.

c) Confidential employee means any employee who is privy to decisions of City management affecting employee relations.

d) Consult means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions.

e) City means the City of Torrance, California, a body corporate and politic and chartered under the laws of the State of California and where appropriate herein, City refers to the City Council, the governing body of said City, or any duly authorized management representative as herein defined.

f) Employee means any person employed by the City in a permanent position.

g) Employee organization means any registered employee 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.

h) Employee relations means the relationship between the City and its employees and their employee organizations, or when used in general sense the relationship between management and employees or employee organizations.

i) Representation Unit means a unit established pursuant to Section 14.8.11. of this Article.

j) Fact-finding or advisory arbitration means identification of the major issues in a particular dispute, review of the positions of the parties, resolution of factual difference by one or more impartial fact-finders, and the making of recommendations for settlement if requested by either party.

k) Impasse means a failure to reach agreement over a protracted period of time between a recognized employee organization and the City over any matter within the scope of representation, or over the scope of such matter at issue.

l) Management employee means an employee of the City who is designated by the City Manager to represent the City in Meet and Confer, who can resolve grievances, and who can effectively recommend discipline and appointment of personnel. Such shall include the City Manager, his assistants, the department heads and division heads who have included in their responsibility acting for the department head in his or her absence.

(O-2209; O-3119)

m) Mediation means the efforts of an impartial third person or person functioning as an intermediary, to assist the parties in reaching a voluntary resolution to an impasse.

n) Meet and confer in good faith means performance by duly authorized management representatives and duly authorized representatives of a recognized employee organization of their mutual obligation to come together in person at reasonable times to exchange ideas and to attempt to reach agreement on issues involving wages, hours, and other terms and conditions of employment, and includes the mutual obligation to execute a written Memorandum of Understanding incorporating any agreement reached. This obligation does not compel either party to agree to a proposal or to make concession.

o) Memo of understanding means a written document jointly prepared by management and a recognized employee organization or organizations enumerating any agreement reached as the result of meeting and conferring in good faith on matters within the scope of representation, and signed by the parties involved.

p) Article means, unless otherwise specified herein, Article 8 of Chapter 4 of the Torrance Municipal Code.

q) Professional means either:

1. A classification of employees engaged in work (i) predominately intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the constant exercise of discretion and judgment in its performance; and (iii) requiring knowledge in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or

2. A classification of employees who (i) have completed the courses of specialized intellectual instructions and study in clause (iii) of item 1) of this paragraph; and (ii) are performing related work under the supervision of a professional person in order to qualify to become a professional employee as defined in item 1) of this paragraph.

r) Registered employee organization means 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, and which has complied with the requirements of Section 14.8.10 of this Article.

Employees of the City shall have the exclusive 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. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his exercise of these rights.

The City shall have the exclusive right to determine the mission of each of its departments, commissions, boards and agencies, set levels of service to be performed, direct its employees, exercise control and discretion over its organization and operations, and determine the methods, means, and personnel by which the City’s operations are to be conducted, and the levels of service met; provided, however, that the exercise of such rights does 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.

The scope of representation includes all matters affecting employee relations, including, but not limited to wages, hours, and other terms and conditions of employment within a representation unit.

There is hereby established a three (3) member standing committee of the Civil Service Commission to be known as the Employee Relations Committee.

a) The Committee shall be appointed by the Chairman of the Civil Service Commission but shall not include the Chairman.

b) The Committee shall elect a Chairman and shall meet, after proper public notice, as required by the provisions of this Article or at the call of the Committee Chairman.

c) Each of the parties involved in any dispute before the Committee shall have the right to preemptorily challenge one (1) Committee member, who shall then be removed from the Committee while the Committee is considering the pending matter.

d) The Chairman of the Civil Service Commission shall appoint a temporary replacement for the challenge committee member to serve while the committee is considering the pending matter.

(Amended by O-2652)

The Employee Relations Committee of the Civil Service Commission shall have the following duties and powers:

a) To determine in disputed cases, or otherwise to approve appropriate representation units.

b) To investigate charges of unfair employee relations practices for violations of the Article, and upon proper notice, to take such action as the Committee deems necessary to effectuate the policies of this Article, including, but not limited to, the issuance of cease and desist orders.

c) To consider and decide issues relating to rights, privileges, and duties of a recognized employee organization in the event of a merger, amalgamation or transfer of jurisdiction between two or three recognized employee organizations.

d) Assignment of new classifications: Each newly established classification shall be proposed to the Employee Relations Committee for assignment to an appropriate representation unit by the City Manager or his designee, after appropriate prior notification and consultation with all registered and recognized employee organizations. If a registered or recognized employee organization challenges the assignment, the Employee Relations Committee shall hold a public hearing to consider and decide the issue of assignment to an appropriate representation unit in the manner prescribed in Section 14.8.11. If there is no challenge the classification shall be assigned to an appropriate unit by the Employee Relations Committee.

e) To take such other action, upon proper notice, as the Committee deems necessary to effectuate the policies of this Article.

The City shall provide reference periodicals, books, equipment and supplies for the Employee Relations Committee, subject to City Council approval. The City also shall provide recording and transcription services for all public hearings conducted by the Committee.

If at any time any employee relations matter comes before the Committee in which any Committee member has any interest, direct or indirect, other than that of a taxpayer, said member shall publicly so state and his statement shall be recorded in the minutes of the meeting. He shall thereafter be disqualified from participating in the consideration of said matter.

a) Application for registration: A group of employees that desires to be registered as an employee organization shall file with the Committee a statement, signed by its presiding officer, showing:

1. Name and mailing address of the organization.

2. Names, titles and terms of office of officers.

3. A copy of its constitution and/or bylaws.

4. Verification of employee membership in the organization which may be shown by employee organization’s payroll dues deduction authorization, or individually signed representation authorization cards, or other appropriate means.

5. A designation of those persons, to whom notice sent by United States mail will be deemed sufficient notice on the organization for any purpose, except service of legal process.

b) Notification of registration: Upon receipt of all the information required by subsection a) of Section 14.8.10, the Committee shall, in writing, notify the organization that it has been registered as an employee organization. A copy of this notice shall be filed with the City Manager and with any other registered employee organization requesting such notice.

a) Petition. Establishment of a representation unit is initiated by petition of employees within the proposed unit.

1. The petition for representation must be accompanied by proof of employee approval equal to at least thirty (30) percent of the employees within the proposed unit.

2. The petition shall be filed with the Committee.

3. The Committee shall give notice of the filing to the City Manager and to the employees in the proposed unit and to any person or employee organization that has filed a written request for such notice.

4. A petition for the establishment of a representation unit may be combined with a petition that seeks to certify an employee organization as a recognized employee organization.

5. The petitions shall bear the signature of each employee so petitioning and that employee’s class title and department.

b) Challenge by employee organization:

1. If an employee organization desires to challenge the appropriateness of the proposed representation unit and seeks to establish a different unit, it shall file a petition with the Committee with in thirty (30) calendar days of the filing of the original petition requesting a unit determination.

2. The petition must be accompanied by proof of employee approval equal to at least thirty (30) percent of the employees in the unit requested by the challenging organization.

3. The petitions shall bear the signature of each employee so petitioning and that employee’s class title and department.

c) Challenge by City Manager. If the City Manager decides to challenge the appropriateness of the proposed representation unit, he shall within thirty (30) calendar days of the filing of the original petition file a petition with the Committee requesting a determination.

d) Certification of Unit. If there has been no petition filed within the time specified challenging a petition to establish a representation unit, the Committee shall certify that the representation unit has been established.

e) Amendment of petitions:

1. If a challenge is lodged, the Committee shall notify the original petitioner in writing.

2. The original petitioner may amend the petition and resubmit it in accordance with subsection 1a) of this Section.

3. Upon the filing of an amended petition the original petition shall be deemed revoked and the amended petition shall be considered on its own merits as if originally filed.

f) Determination of dispute.

1. If a challenging petition has been duly filed, and the challenge has not been resolved by amendment or withdrawal, the Committee shall conduct a hearing on the petition and shall determine the appropriate representation unit or units.

2. In the determination of appropriate representation units the principal criterion shall be whether there is a community of interest among the employees. The following factors, among others, are to be considered in making such determination:

i) which unit will assure employees the fullest freedom in the exercise of rights set forth under this Code;

ii) the history of employee relations, in the unit, among other employees of the City, and in similar public employment;

iii) the effect of the unit on the efficient operation of the City and sound employer-employee relations;

iv) the extent to which employees have common skills, working conditions, job duties or similar educational requirements;

v) the effect on the existing classification structure of dividing a single classification among two (2) 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.

3. In the establishment of representation units, professional employees shall not be denied the right to have a representation unit composed solely of such professional employees.

4. The Committee shall conduct a hearing on each contested representation unit only after first giving the registered employee organizations concerned and the City Manager reasonable notice of the time and place of such hearing. The Committee may require the parties concerned to submit such additional information or material as it deems proper and necessary. The Committee shall make the decision on the appropriate unit and issue the notice thereon. Notice shall be given to employees of the unit, all registered employee organizations, the City Manager and the City Clerk. The Committee decision shall be final, subject to the provisions of subsection g) of this Section.

5. In the course of the hearing if an agreement between the parties is reached the agreement of the parties involved on the representation unit is subject to the Committee’s concurrence that such unit is appropriate.

6. The Committee shall resolve any dispute concerning the relationship between existing representation units involving the addition of new classes to, or the deletion of classes from, the classification plan.

g) If any registered employee organization which has lodged either an original petition for unit determination or a challenging petition is dissatisfied with a decision of the Committee with respect to the appropriateness of a representation unit, it may request mediation through the State Conciliation Service. Pending such mediation, the matter shall not be finally resolved by the Committee.

(Amended by O-2491; O-2948)

a) Petition:

1. A registered employee organization that seeks certification as a recognized employee organization shall file a petition with the Employee Relations Committee. The petition shall identify the representation unit requested or established pursuant to Section 14.8.11. for which petitioner seeks recognition. The petition shall be accompanied by proof of membership within the representation unit.

2. A petition accompanied by proof of employee approval of less than thirty (30) percent of the employees within the unit shall not be accepted.

b) Challenge:

1. The Committee shall give written notice of the filing of a petition to the employees involved, and to any employee organization that has filed a written request for the receipt of such notice.

2. Within thirty (30) calendar days of the date of such notice, another registered employee organization may file a challenging petition seeking to become the recognized employee organization within the representation unit.

c) Election:

1. If a petition is filed, the Committee shall request the City Clerk or the State of California Conciliation Service to call and conduct a secret ballot election pursuant to subsection 12d) which shall be done without undue delay.

2. If a challenging petition is filed against a petition and is accompanied by proof of employee membership equal to at least ten (10) percent of the employees within the representation unit, the Committee shall request the City Clerk or the State of California Conciliation Service to include the challenging registered employee organization on the ballot.

3. In the absence of a challenging petition, the Committee may determine recognition on the basis of an authorization card check or similar proof of membership as may be determined to be appropriate. The City Manager or registered employee organization which is a party to the recognition proceedings shall be entitled to a secret ballot election provided a written request for an election is filed with the Committee prior to certification.

d) Election procedure:

1. Whenever the City Clerk or the State of California Conciliation Service calls an election pursuant to this Article, the ballot shall include the choice No organization.

2. Employees entitled to vote in a representation election shall be those employees within the representation unit whose names appeared as employees on the City payroll for the payroll period ending immediately prior to the date of election.

3. In an election where none of the choices receives a majority of the valid ballots cast, a run-off election shall be conducted between the two (2) choices receiving the largest number of ballots cast.

4. A recognized employee organization shall be certified to the Committee by the City Clerk or the State of California Conciliation Service as the recognized organization for the representation unit if the majority of those casting voting ballots at the election choose said organization.

5. There shall be no more than one (1) representation election in a twelve (12) month period with in the same representation unit.

e) Decertification Procedure: A decertification petition may be filed with the Committee by employees or a registered employee organization to determine whether or not a recognized employee organization shall continue to represent the employees in a representation unit.

1. Such petition must be accompanied by proof of employee approval equal to at least thirty (30) percent of the employees within the representation unit.

2. Such petition may be received by the Committee only within the ninety (90) calendar day period immediately preceding the second and thereafter the annual anniversary date of recognition.

A valid written agreement between the City and a certified employee organization or council of employee organizations covering the wages, hours and/or other terms and conditions of employment of employees in an appropriate representation unit shall bar the filing of a Petition of Certification or a Petition for Decertification of a recognized employee organization for such unit during the term of such written agreement, not exceeding three (3) years. A Petition of Decertification may only be filed during a period beginning not earlier than one hundred fifty (150) calendar days and ending not later than ninety (90) calendar days before the expiration date of any such written agreement.

3. No decertification petition for the same unit shall be entertained by the Committee more frequently than once in one (1) year.

4. When such a valid petition has been filed, the Committee shall request the City Clerk or the State of California Conciliation Service to conduct an election to determine whether or not the recognized employee organization shall be decertified and when filed by a registered employee organization, whether such organization shall be recognized.

5. The incumbent recognized employee organization shall be decertified if a majority of those casting valid ballots vote for decertification, or in appropriate cases if a majority vote for the petitioning registered employee organization.

6. In the absence of decertification, the certification of the recognized employee organization shall continue on a year to year basis.

a) Definition. A grievance is a complaint by an employee or a group of employees, concerning the application or interpretation of ordinances, rules, policies, practices or procedures affecting employees.

b) Scope. Except as provided in subsection e) this procedure shall be used to resolve every grievance for which no other methods of solution is required by law; provided, however, that it shall not include a complaint arising from disciplinary action unless no review of such disciplinary action is otherwise provided in this Code.

c) Procedure:

1. First Step:

i) The aggrieved employee and/or any person or persons chosen by the employee shall meet and confer with the employee’s immediate supervisor at a reasonable time;

ii) The grievance may be presented orally;

iii) The immediate supervisor may ask one of his superiors to participate excluding the department head;

iv) If a grievance is not resolved by the end of the third full working day (3 shifts in the Fire Department) after being received by the immediate supervisor, the employee may appeal in writing to his department head;

v) If the grievance is against a department head the employee shall meet and confer with the City Manager at a reasonable time.

2. Second Step:

i) The aggrieved employee and/or his representatives shall meet and confer with the employee’s department head at a reasonable time;

ii) The department head may require the employee’s superiors to be present at such conference;

iii) If the grievance is not resolved by the end of the third full working day after being received by the department head (3 shifts in the Fire Department), the employee may appeal in writing through the City Manager to an Employee Appeals Board established to hear such grievance pursuant to the provisions of subsection d) of this Section.

3. Third Step:

i) Within three (3) working days after receipt of an appeal from the decision reached at the second step, the City Manager shall convene an Employee Appeals Board as provided in subsection d);

ii) The Board shall conduct an informal hearing on the matter;

iii) The City Attorney, upon request of the Board, shall provide an attorney to act as legal advisor to the Board;

iv) The Board may continue the hearing from time to time, but not to exceed thirteen (13) working days after receipt of an appeal from the second step;

v) The proceedings of the Board shall be recorded;

vi) The decision of the Board shall be final and shall be implemented by the City Manager. There shall be no appeal to the Civil Service Commission, to the City Council, or to any other board or official of the City of Torrance.

d) Employee Appeals Board:

1. An Employee Appeals Board shall consist of the following personnel: one (1) person chosen by the aggrieved employee, except any person who represented the employee regarding the grievance; one person chosen by the City Manager except one in the normal line of supervision over the employee or a department head; and a third person chosen by the other two (2) members who shall act as Chairman.

2. The Chairman shall be chosen from a list composed of ten (10) names, five (5) submitted by each of the other two (2) members.

3. If agreement on a Chairman cannot be reached, each of the other two (2) members shall strike four (4) names from the list and the Chairman shall then be chosen by lot from the remaining two (2) names.

e) General:

1. All time periods specified in this Article may be extended by mutual consent of the aggrieved employee or his representative and the management representative involved.

2. The aggrieved employee and his representative shall be allowed sufficient time to participate in the grievance proceedings without loss of compensation or other benefits.

3. A copy of the Board’s decision shall be sent to the aggrieved employee, to his department head, to the City Manager, to the City Clerk and to the City Council.

f) Reservation of Jurisdiction. Notwithstanding the preceding provisions of this Section, the Employee Appeals Board shall not have any jurisdiction to hear and decide any grievance where such decision would constitute an interference with the powers and duties of the City Manager as provided in Section 5 of Article 7 of the City Charter or of the Civil Service Commission as provided elsewhere in this Code, nor shall the Employee Appeals Board have jurisdiction to hear and decide any other matter which is outside the scope or the authority granted to the City Council by the provisions of the City Charter or the Constitution of the State.

g) The provisions of this section shall not apply to the employees in any representation unit where management and the representatives of the recognized employee organization for that unit have entered into a memorandum of understanding, which is subsequently approved by the City Council, covering grievance procedures.

(O-2292)

a) Upon request, a recognized employee organization shall have the right to meet and confer in good faith at a reasonable time regarding wages, hours and other terms and conditions of employment with management.

b) If agreement is reached by management and a recognized employee organization or recognized employee organizations, on matters subject to approval by the City Council, they shall jointly prepare a written and signed memorandum of such understanding, and present it to the City Council for determination. If agreement is reached on matters not subject to approval by the City Council, those conferring shall jointly prepare a written and signed memorandum of such agreement which shall be filed with the City Clerk.

a) To facilitate discussions, the City shall provide to recognized employee organizations concerned, the published data it regularly has available concerning subjects under negotiation, including data gathered concerning salaries and other terms and conditions of employment provided by comparable public and private employers.

b) If an election for certification as the recognized employee organization in an appropriate representation unit has been ordered, the City Manager shall provide, upon request by an employee organization which has qualified to be included on the ballot, a list of the names and departments of employees in the unit. Said list shall be provided not later than thirty (30) calendar days prior to the date of said election.

a) A reasonable number of City employees, not to exceed three (3) except by mutual agreement, acting as representatives for recognized employee organizations shall be allowed reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of management on matters within the scope of representation.

b) Attendance at meetings by employee representatives outside the City may be authorized but at no cost to the City for salaries or other expenses related to attendance at such meetings unless approved by City Council.

Employee organizations may represent their individual employee members in individual employment relations, including grievances, with respect to all matters within the scope of representation.

No management or confidential employee may participate in a meeting on a matter within the scope of representation as a representative of a recognized employee organization unless representing solely management and/or confidential employees.

a) Representatives of management shall acknowledge in writing, within five (5) working days, any written request for consideration of a matter by a recognized employee organization, and shall attempt a resolution of any problem within the scope of representation within a reasonable period of time.

b) Representatives of a recognized employee organization shall acknowledge in writing, within five (5) working days, any written request for consideration of a matter by management, and shall attempt a resolution of any problem within the scope of representation within a reasonable period of time.

a) A recognized employee organization which represents employees of a City department shall be allowed by that department reasonable use of space on available bulletin boards for communications.

b) A recognized employee organization may distribute material to all employees through city-wide facilities of communication.

c) Any representative of a recognized employee organization shall give oral notice to the department head or his designated representative when contacting departmental employees on City facilities during the duty period of the employees; provided, however, that solicitation for membership or other internal employee organization business shall be conducted during the non-duty hours of all employees concerned except as indicated in subsection d) of Section 14.8.20. Prearrangement for routine contact may be made on an annual basis.

d) Internal employee organization business may be conducted during the duty period of the employees where the differences in shifts, watches or scheduling necessitates it. Employees involved in such internal employee organization business during the duty period shall be allowed reasonable time to participate without loss of compensation or other benefits.

City buildings and other facilities may be made available for use by a recognized employee organization or its representatives in accordance with administrative procedures governing such use.

a) Each employee organization affected shall be given reasonable advance written notice of any ordinance, rule or regulation, or proposal directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to meet and consult with the appropriate level of management prior to adoption.

b) Whenever management communicates in writing to an employee or employees, a management decision or proposal which might affect the working conditions, personnel, management practices or other employee - management relationships, it shall concurrently send such notice to the appropriate recognized employee organization.

Payroll deductions shall be made for membership dues to registered employee organizations in accordance with applicable law and City rules.

(Amended by O-3747)

a) If the appropriate management representatives and the representatives of a recognized employee organization reach an impasse, either party may, within 5 working days of impasse, notify the other party that the matter is to be submitted for mediation to the California State Conciliation Service. All mediation proceedings will be private. The mediation must be completed within 60 days of submitting the request to the California State Conciliation Service except by mutual agreement of both parties. Failure to schedule and mediate within 60 days will move the matter to the City Council, as described in subsection (e) below.

b) Either party may request fact-finding within 5 working days in accordance with this section in connection with any disputed matter after completion of mediation. The fact-finding must be completed within 120 days after completion of mediation except by mutual agreement of the parties. Failure to schedule and obtain the fact-finding report within 120 days after completion of mediation will move the matter to the City Council, as described in subsection (e) below.

c) A fact-finder so requested shall be selected by the parties from a list of arbitrators supplied by the California State Conciliation Service.

1. The recommendation of the fact-finder will be limited to the issues originally referred for dispute settlement.

2. Fact-finding proceedings will be private.

3. The fact-finding report will be filed with the parties.

d) The fees and expenses of the mediator and fact-finder will be shared equally by the parties involved. The City will furnish meeting space and recordings and transcribing services when requested for such proceedings.

e) If the appropriate management representatives and the representatives of a recognized employee organization are unable to reach agreement during mediation or fact-finding, the matter will be submitted to the City Council for resolution.

a) It shall be an unfair employee relations practice for the City:

1. To interfere with, restrain, or coerce employees in the exercise of the rights recognized or granted in this Article;

2. To dominate or interfere with the formation of any employee organization or contribute financial support to it, provided that the City may permit the use of City facilities, make payroll dues deductions, and permit employees who are officers or representatives of employee organizations to confer with City officials during working hours without loss of time or pay, subject to applicable regulations;

3. To refuse to meet and confer in good faith with representatives of recognized employee organizations on matters within the scope of representation.

b) It shall be unfair employee relations practice for employee organizations or their representatives or members:

1. To interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this Article;

2. To refuse to meet and confer in good faith with City officials on matters within the scope of representation when the employee organization involved has been certified as a recognized employee organization.

c) With respect to the impasse procedures set forth in Sec. 14.8.24. of this Article, it shall be an unfair employee relations practice for either the City or a recognized employee organization to fail or refuse to cooperate with any mediators or fact-finders involved.

d) Charges of violations of this Section or of this Article, or of applicable rules or regulations may be initiated by a management representative, or by a representative of any employee organization. Such charges shall be filed in writing with the Employee Relations Committee. Each charge so filed shall be processed in accordance with the rules and regulations of the Employee Relations Committee.

e) If the Committee’s decision is that the City has engaged in an unfair employee relations practice or has otherwise violated this Article or any rule or regulation issued thereunder, the Committee shall direct the City to take appropriate corrective action. If compliance with the Committee’s decision is not obtained within the time specified by the Committee, it shall so notify the other party, which may then resort to its legal remedies.

f) If the decision is that an employee organization or its representatives or members have engaged in an unfair employee relations practice, or have otherwise violated this Article or any rule or regulation issued thereunder, the Committee shall direct the offending party to take appropriate corrective action. If compliance with the Committee’s decision is not obtained within the time specified by the Committee, it shall so notify the City Manager who may then take appropriate action, subject, however, to appeal to the Committee by the affected party.

In order to implement and coordinate the policies and procedures set forth in this Code, the City shall have authority to adopt rules and regulations not inconsistent with law, including this or any other City ordinance, which shall be applicable to any or all departments, agencies or boards of the City in establishing and enforcing the employee relations program provided for herein. Nothing in this Article shall prevent the City Manager from promulgating regulations, governing relations between the City and registered employee organizations not certified as recognized organizations by the Commission.

a) Nothing contained in this Article shall abrogate any ordinance or any written agreements between any employee organization and the City in effect on the effective date of this Article. Agreements shall continue in effect unless modified or rescinded by mutual agreement of the parties hereof.

b) Nothing in this Article shall be construed to deny any person or employee the rights granted by the Constitution, the laws of the United States of America and of the State of California, and the City Charter.

c) 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.

d) The provisions of this Article are not intended to conflict with the provisions of Chapter 10, Division 1 of the Government Code of the State of California (Section 3500, et seq.) as amended in 1968.

e) Nothing in this Article shall be construed to restrict or in any way modify the right of an individual employee to present matters involving his employment relationship to the appropriate level of management, provided that any action taken is not inconsistent with the terms of an agreement then in effect, and that before any action is taken which could affect the terms and conditions of employment of other employees in the bargaining unit such proposed action is communicated to the recognized employee organization for its opinion on the merits and the effect of the proposed action.