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Home My WebLink About6568 RESOLUTION NO. 6568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 6235 ESTABLISHING RULES AND REGULATIONS RELATING TO EMPLOYER-EMPLOYEE RELATIONS WHEREAS, the Meyers-Milias-Brown Act (California Government Code Sections 3500 et seq.) was enacted for the purpose of promoting improved employer- employee relations between public employers and their employees by establishing uniform and orderly methods of communication between employees and the public agencies by which they are employed; and WHEREAS, Government Code Section 3507 empowers a municipal corporation to adopt reasonable rules and regulations for the administration of employee relations; and WHEREAS, the City Council of the City of Arcadia adopted Resolution No. 6235 to adopt such reasonable rules and regulations as authorized by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION I. Section 2 of Resolution No. 6235 is hereby amended to read in its entirety as follows: 1 2, Purpose Of Rules And Regulations to read as follows: "The purpose of these rules and regulations is to provide orderly procedures for the administration of employer-employee relations between the City and its employees and employee organizations representing City employees and to establish procedures for the resolution of disputes regarding matters within the scope of representation that have reached impasse as defined in this Resolution. Employee organizations currently acknowledged by the City as the exclusively recognized employee organization in an established appropriate unit as of the date of the adoption of this Resolution shall continue to be a recognized unit." SECTION 2. Subsection (i) of Section 3 of Resolution No. 6235 is hereby amended to read in its entirety as follows: "(i). EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION: "an employee organization which has been formally acknowledged by the City as the sole employee organization that represents a majority of the employees in an appropriate representation unit pursuant to the provisions of this Resolution. Only the Exclusively Recognized Employee Organization in an appropriate unit may meet and confer with the City on matters within the scope of representation." SECTION 3. Subsection (j) of Section 3 of Resolution No. 6235 is hereby amended in its entirety to read as follows: 2 6568 "(j). IMPASSE: When representatives of the City and the Exclusively Recognized Employee Organization have reached a point in the meet and confer process where differences on matters to be included in a Memorandum of Understanding remain so substantial and prolonged that further meeting and conferring would be futile." SECTION 4. Subsection (k) of Section 3 of Resolution No. 6235 is hereby amended by adding a new subsection 3(k) to read in its entirety as follows: "(k). DAYS: means "calendar days" unless otherwise stated," SECTION 5. Subsections (j) and (k) of Section 3 of Resolution No, 6235 are hereby renumbered as (I) and (m) respectively. SECTION 6. Subsection (m) of Section 3 of Resolution No, 6235 is hereby amended to read as follows: "(1) an authorization card recently signed and dated by an employee; (2) an authorization petition or petitions recently signed and dated by each employee whose name appears thereon; or (3) a union membership card recently signed and dated by an employee, If there is a conflict between multiple forms of proof submitted by the petitioner, the Employee Relations Officer shall look to the form ofprooflast signed by an employee. The words "recently signed" shall mean within one-hundred twenty days prior to the filing of a petition." 3 6568 SECTION 7. Section 4 of Resolution No. 6235 is hereby deleted in its entirety and the following sections shall be renumbered accordingly. SECTION 8. Subsection (j) of Section 6 of Resolution No. 6235 is hereby amended in its entirety as follows: "A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City." SECTION 9. Section 9 of Resolution No. 6235 is hereby amended in its entirety to read as follows: "SECTION 9. Actions and Petitions. If a Recognition Petition and proof of support have been filed in accordance with Section 6, and no challenging petitions have been filed in accordance with Section 8, the Employee Relations Officer and petitioning employee organization shall select a neutral third party, who shall review the proof of support to verify that a majority of the employees in an appropriate unit desire to be represented by the petitioning employee organization, In the event that the parties cannot agree upon a third party, the State Mediation and Conciliation Service shall serve in that capacity. If the neutral third party verifies the majority status of the petitioning employee organization, the Employee Relations Officer shall formally acknowledge that 4 6568 organization as the Exclusively Recognized Employee Organization for the designated ) unit. This formal recognition shall be granted without conducting an election. If more than one petition has been filed in accordance with Sections 6 and 8, the parties shall select a neutral third party to conduct a secret ballot election. In the event that the parties cannot agree upon a third party, the State Mediation and Conciliation Service shall conduct the election. The neutral third party shall list the eligible petitioning employee organizations on the ballot, along with the choice of self- representation. Employees may vote in the election if they were employed in regular permanent positions in the designated unit during the pay period immediately prior to one in which the election in conducted. Any disputes regarding the eligibility of voters or the conduct of the election shall be resolved by the neutral third party, after the parties have been given a reasonable opportunity to state their positions orally or in writing. If the neutral third party detennines that one of the petitioning employee organizations received a majority of the valid votes cast, the Employee Relations Officer shall formally acknowledge this organization as the Exclusively Recognized Employee Organization for the designated unit. In an election involving three or more petitioning employee organizations, ifno organization receives a majority of the valid votes cast, a run-off election shall be conducted between the top two vote-getters. The rules governing an initial election are applicable to a run-off election. 5 6568 Pursuant to this Resolution, there shall be no more than one election affecting the same unit, including a run-off election if necessary, conducted in a twelve-month period. The costs of conducting elections, if any, shall be borne in equal shares by the City and each employee organization appearing on the ballot." SECTION 10. Subsection (e) of Section 10 of Resolution No. 6235 is hereby amended in its entirety to read as follows: "(e) Effect on the classification structure and impact on employer-employee Relations of dividing single or related classifications among two or more units. Notwithstanding the foregoing provisions of this Section, management and confidential employees shall not be included in any unit with non-management or non-confidential employees, and shall be restricted from representing any employee organization which represents other employees in the City on matters within the scope of representation. Supervisory employees may only be included in a unit consisting solely of supervisory employees, Professional employees may be represented in a separate unit. Management employees shall not be represented by the same employee organization (or its affiliate organization), as employees whom the management employees supervise. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete 6 6568 eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section." SECTION 11. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 1st of May ,2007. 1Jtd. " Mayor of the Ci A TIEST: ~~#c-- ity Clerk of the City of Arcadia APPROVED AS TO FORM: ~r.~ Stephen P. Deitsch City Attorney 7 6568 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No, 6568 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a continued adjourned regular meeting of said Council held on the 1st day of May, 2007 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: None 8 6568