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HomeMy WebLinkAbout6235 RESOLUTION NO. 6235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING RULES AND REGULATIONS RELATING TO EMPLOYER- EMPLOYEE RELATIONS WHEREAS, the Meyers-Milias-Brown Act (California Government Code Sections 3500 et seq.) has enacted for the purpose of promoting improved employer-employee relations between public employers and their employees by establishing unifonn 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 desires 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 RESOL VE AS FOLLOWS: ' 6235 OUTLINE OF CONTENTS SECTION 1. SECTION 2, SECTION 3. SECTION 4. SECTION S. SECTION 6. SECTION 7. SECTION 8. SECTION 9. TITLE OF RESOLUTION 2 PURPOSE OF RULES & REGULATIONS 3 DEFINITIONS 3 EMPLOYEE RIGHTS 5 MANAGEMENT RIGHTS 5 ADVANCE NOTICE 7 FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION 7 CITY RESPONSE TO RECOGNITION PETITION 9 OPEN PERIOD FOR FILING CHALLENGING PETITION 10 SECTION 10. ELECTION PROCEDURE 10 SECTION 11. POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE UNITS 11 SECTION 12. PROCEDURE FOR DECERTIFICATION OF AN EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION 13 SECTION 13. PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS 14 SECTION 14. APPEALS 15 2 6235 SECTION 15. SECTION 16. SECTION 17. SECTION 18. SECTION 19. SECTION 20. SECTION 21. SUBMISSION OF CURRENT INFORMATION BY AN EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION 16 EMPLOYEE ORGANIZATION ACTIVITIES -- USE OF CITY FACILITIES 16 ADMINISTRATIVE RULES AND PROCEDURES 16 INITIATION OF IMPASSE PROCEDURES 16 IMPASSE PROCEDURES 17 COSTS OF IMPASSE PROCEDURES 18 CONSTRUCTION 18 SECTION 22. SEVERABILITY 19 SECTION 1. Title of Resolution. This Resolution shall be known as the Employer-Employee Relations Resolution of the City of Arcadia ("City"). SECTION 2. Purpose of Rules and Regulations, 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 for resolving disputes regarding wages, hours and other terms and conditions of employment. 3 6235 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 3. Definitions. Definitions found in Government Code Section 3501 shall be applicable to these rules and regulations. For purposes of these rules and regulations, the following definitions, in addition to those specified above, shall be applicable: (a) CITY: shall mean the City of Arcadia; (b) (c) CITY COUNCIL: shall mean the City Council of the City of Arcadia; MEET AND CONFER IN GOOD FAITH: means performance by duly authorized City representatives and duly authorized representatives of an exclusively recognized employee organization of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment, in an effort to reach agreement on those matters. This does not require either party to agree to a proposal or to make a concession; (d) CITY MANAGER: shall mean the City Manager of the City of Arcadia; 4 6235 (e) MANAGEMENT EMPLOYEE: any employee having responsibility for fonnulating, administering or managing the implementation of City policies or programs; (t) SUPERVISORY EMPLOYEE: any employee having authority in the interest of the City to do anyone of the following: hire, transfer, suspend, layoff, recall, promote, demote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend any 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; (g) CONFIDENTIAL EMPLOYEES: any employee who, in the course of his or her duties, has access to infonnation relating to the City's administration of employer-employee relations; (h) PROFESSIONAL EMPLOYEES: any employee engaged in work requmng specialized knowledge and skills attained through completion of a recognized course of instruction; (i) EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION: an employee organization which has been fonnally acknowledged by the City as the employee organization that represents a majority of the employees in an appropriate representation unit pursuant to the provisions of 5 6235 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; G) IMPASSE: a deadlock in discussions between the City and an Exclusively Recognized Employee Organization over any matters concerning which they are required to meet and confer in good faith wherein the differences remain so substantive and prolonged that further meeting and conferring is not likely to produce an agreement; DAYS: means "calendar days" unless otherwise stated; (k) EMPLOYEE RELATIONS OFFICER: means the City Manager or his or her duly authorized representative; and (I) PROOF OF EMPLOYEE SUPPORT: (1) an authorization card recently signed and dated by an employee, or (2) an authorization petition or petitions recently signed and dated by each employee whose name appears thereon, The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within one hundred twenty days prior to the filing of a petition, 6 6235 SECTION 4, Employee Rights. (a) Except as otherwise provided by law or by these rules and regulations, employees of the City shall have the right to form, join and participate in the activities of an employee organization of their own choosing for the purpose of representation in matters of employer- employee relations. City employees also have the right to refuse to join or. participate in the activities of the employee organization and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimi- dated, restrained, coerced or discriminated against by the City or by an employee organization because of his or her exercise of these rights. SECTION 5. Management Rights. In order to insure that the City is able to carry out its functions and responsibilities imposed by law, the City has and will retain the exclusive right to manage and direct the performance of City services and therefore the following matters will not be subject to the meet and confer process but shall be within the exclusive discretion of the City: (a) To determine public policy; (b) To determine the merits, necessity or organization of service or activity conducted by the City; (c) To determine and change the facilities, methods, means and personnel by which the City operations are to be conducted; 7 6235 (d) To expand or diminish services; (e) To determine and change the number of locations, relocations and types of operations and the processes and materials to be employed in carrying out all City functions, including but not limited to, the right to subcontract any work or operation; (t) To determine the size and composition of the work force, to assign work to employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments, and to determine and change the days and hours when employees shall work; (g) To relieve employees from duty because of lack of work or funds or other legitimate reasons; (h) To discharge, suspend or otherwise discipline employees III accordance with established personnel rules; (i) To determine job classifications; U) To hire, transfer, promote and demote employees; (k) To determine policies, procedures and standards for selection, training and promotion of employees; (I) To establish employee performance standards including but not limited to, quality and quantity standards; (m) To maintain the efficiency of City operations; 8 6235 (n) To take any and all necessary actions to carry out its missions in emergencies; (0) To exercise complete control and discretion over the City's organization and technology of performing its work and services; (p) To establish reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of City services, SECTION 6. Advance Notice. Reasonable written notice shall be given to an Exclusively Recognized Employee Organization affected by any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, and such organization shall be given the opportunity to meet with the City Councilor its representative prior to adoption, In cases of emergency when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately, without prior notice or meeting with the Exclusively Recognized Employee Organization or majority representative, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, regulation or resolution. 9 6235 SECTION 7. Filing of Recognition Petition by Employee Organization. An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a Recognition Petition with the Employee Relations Officer containing the following information and documentation: (a) Name and address of the employee organization; (b) Names and title of its officers; (c) Names of employee organization representatives who are authorized to speak on behalf ofthe organization; (d) A statement that the employee organization has as its primary purpose or one of its primary purposes, representing employees in their employment relations with the City; (e) A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization and, if so, the name and address of each such other organization; (f) Verified copies of the employee organization's constitution and bylaws; 10 6235 (g) A designation of an officer of the employee organization and his or her addresses, to whom notice sent by regular United States mail will be deemed sufficient notice to the employee organization for any purpose; (h) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, physical handicap or other unlawful criteria; (i) The job classifications or titles of employees in the unit claimed to be appropriate; U) 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. Such written proof shall be submitted for confinnation to the Employee Relations Officer; provided, however, the Employee Relations Officer may elect to refuse receipt of said proof, in which case, said proof shall be submitted to the California Mediation and Conciliation Service or other impartial party for confirmation in accordance with the tenns of this Resolution; and (k) A request that the Employee Relations Officer fonnally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing 11 6235 the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. This Petition, including proof of employee support and all accompanying 'documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. SECTION 8. City Response to Recognition Petition. Upon receipt of the petition, the Employee Relations Officer shall determine whether: (a) There has been compliance with the requirements of the Recognition Petition; and (b) The proposed representation unit is an appropriate unit in accordance with Section 11. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall inform the petitioning employee organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 14. 12 6235 SECTION 9. Open Period for Filing Challenging Petition. Within thirty days of the date written notice was given to affected employees that a valid Recognition Petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the Exclusively Recognized Employee Organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the Recognition Petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty percent and otherwise in the same form and manner as set forth in Section 7, If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call a meeting on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations may be heard, Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards of Section 11. The petitioning employee organizations shall have ten days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 14. 13 6235 SECTION 10. Election Procedure. The Employee Relations Officer shall determine the Exclusively Recognized Employee Organization in an appropriate unit by arranging for a secret ballot election, or, in his discretion, by , any other reasonable method which is based upon written proof and is designed to ascertain the free choice of a majority of the employees in the appropriate unit. If the Employee Relations Officer elects to arrange a secret ballot election to determine the Exclusively Recognized Employee Organization, he shall arrange for said election to be conducted by the California Mediation and Conciliation Service, or other impartial party, subject to the provisions of this Resolution.All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Resolution shall be included on the ballot. The choice of self-representation by the employee shall also be included on the ballot. Employees eligible to vote in such election shall be those persons employed in positions within the designated appropriate unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all eligible voters. In an election involving three or more choices, where none of the choices receives a majority of all eligible voters, a run-off election shall be ]4 6235 conducted between the two choices receiving the largest number of valid votes cast. The rules governing an initial election will be applicable to a run-off election. There shall be no more than one election (including run-off elections as necessary) under this Resolution in a twelve-month period in the same unit. Costs of conducting elections, if any, shall be borne in equal shares by the City and by each employee organization appearing on the ballot. SECTION II. Policy and Standards for Determination of Appropriate Units. The policy objectives to be served in determining the appropriateness of units shall be (a) the effect of a proposed unit on the operations of the City, (b) the compatibility of a proposed unit with the primary responsibility of the City and its employees to effectively and economically serve the public, and (c) the provision to employees of effective representation based on a recognized community of interest. Among the factors to be considered in determining community of interest are: (a) Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions, (b) History of representation in the City and similar employment, except, however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. IS 6235 (c) Consistency with the administrative organization of the City. (d) Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units. (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. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. 16 6235 SECTION 12. Procedure for Decertification of an Exclusively Recognized Employee Organization. A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer at any time following the first full year of recognition. A Decertification Petition may be filed by an employee, an employee representative, or an employee organization. A Decertification Petition shall contain the following information and documentation, declared by the duly authorized signatory, under penalty of perjury, to be true, correct and complete: (a) The name, address and telephone number of the petitioner and if petitioner is an employee organization, a designated representative authorized to receive notice or requests for further information, (b) The name of the established appropriate unit and the incumbent Exclusively Recognized Employee Organization sought to be decertified as the representative of that unit. (c) An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto, (d) Proof of employee support that at least thirty percent of the employees in the established appropriate unit no longer desire to be represented by the incum- 17 6235 bent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer along with the Decertification Petition, provided, however, the Employee Relations Officer may elect to refuse receipt of said proof, in which case, said proof shall be submitted to the California Mediation and Conciliation Service, or other impartial party, for confirmation in accordance with this Resolution. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty percent and otherwise conforms to the requirements of Section 7. The Employee Relations Officer shall first determine whether the petition has been filed in compliance with the applicable provisions of this Resolution. If his determination is negative, he shall return such petition to the petitioner(s) with a statement of the reasons therefore in writing. The petitioner( s) may appeal such determination in accordance with Section 14, If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he shall give written notice of such Decertification or Recognition Peti- tion to the incumbent Exclusively Recognized Employee Organization and to unit employees. 18 6235 The Employee Relations Officer shall thereupon detennine the wishes of unit employees as to the question of decertification, and, if a Recognition Petition was duly filed hereunder, the question of representation. Such detennination shall be made in confonnance with Section 10. SECTION 13. Procedure for Modification of Established Appropriate Units. An employee or an employee organization may submit a petition for modification of established appropriate units to the Employee Relations Officer, Such requests shall be submitted in the fonn of a Recognition Petition, and, in addition to the requirements set forth in Section 7, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in tenns of the policies and standards set forth in Section 11 hereof. The Employee Relations Officer shall process such petitions as Recognition Petitions under this Resolution. The Employee Relations Officer may, on his own motion, propose that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification( s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter, the Employee Relations Officer shall detennine the composition of the appropriate unit or units in accordance with Section 11, and shall give written notice of such detennination 19 6235 to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 14. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to this Resolution, SECTION 14. Appeals. An employee or employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer, or an employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition, Challenging Petition, Decertification Petition or Petition for Modification of an Established Appropriate Unit -- or employee(s) aggrieved by a determination ofthe Employee Relations Officer that a Decertification Petition or a Petition for Modification of an Established Appropriate Unit -- has not been filed in compliance with the applicable provisions of this Article, may, within ten days of notice of such determination appeal the determination to the City Council for final decision. Appeals to the City Council must be filed in writing with the Clerk of the City Council, and a copy thereof served on the Employee Relations Officer. The City Council shall commence consideration of the matter within sixty days of the 20 6235 filing of the appeal. Any decision of the City Council on an appeal shall be final and binding. SECTION 15. Submission of Current Infonnation by an Exclusively Recognized Employee Organization. All changes in the infonnation filed with the City by an Exclusively Recognized Employee Organization under items (a) through (h) of its Recognition Petition under Section 7 shall be submitted in writing to the Employee Relations Officer within fourteen days of such changes. SECTION 16. Employee Organization Activities -- Use of City Facilities. Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be allowed only upon authorization by the Employee Relations Officer; and, shall be limited to activities pertaining directly to the employer-employee. relationship and not such activities as internal employee organization business, soliciting membership, campaigning for office, or organization meetings and elections; and, shall not interfere with the efficiency, economy, safety and security of City operations, SECTION 17. Administrative Rules and Procedures. The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution. 21 6235 SECTION 18. Initiation of Impasse Procedures, If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shall be: (a) To identify and specify the issue or issues that remain in dispute; (b) To review the position of the parties in a final effort to resolve such disputed issue or issues; and (c) If the dispute is not resolved, to discuss utilization of the impasse procedures provided herein. SECTION 19. Impasse Procedures. Impasse procedures are as follows: (a) Non-Binding Mediation -- If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to non-binding mediation. If mediation proceedings are undertaken, such proceedings shall be private and the mediator shall make no public recommenda- tion nor take any public position at any time concerning the issues. (b) Mutually Agreed Upon Dispute Resolving Procedure -- Any dispute resolving procedure mutually agreed to by the parties to the impasse may be utilized. 22 6235 (c) Resolution by the City Council-- If the parties agreed to submit the impasse directly to the City Council, or if the parties did not agree on non-binding mediation, the selection of a mediator, or some other dispute resolving procedure, or having so agreed, the impasse has not been resolved through such non-binding mediation or other dispute resolving procedure, the City Council shall take such action regarding the impasse as it, in its discretion, deems to be in the public interest. Any action by the City Council on the impasse shall be final and binding. SECTION 20, Costs of Impasse Procedures. The costs, if any, for the services of a mediator or for any other mutually agreed upon dispute resolving procedure utilized by the parties, and other mutually incurred impasse resolution costs, shall be borne equally by the City and the Exclusively Recognized Employee Organization. SECTION 21. Construction. This Resolution shall be administered and construed as follows: (a) Nothing in this Resolution shall be construed to deny to the City Councilor any authorized officer, body or other representative of the City Council, the rights, powers and authority granted by Federal, State or local law, ordinance or resolution. (b) Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee 23 6235 organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout, other total or partial stoppage or slowdown of work, or any unlawful concerted action that poses an imminent and substantial threat to public health or safety., In the event employees engage in such actions, they may subject themselves to discipline, up to and including discharge, and may be deemed to have abandoned their employment. SECTION 22. Severability. If any provision of this Resolution, or the application of such provisions to any person or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 24 6235 Passed, approved and adopted this 19 th day of ATTEST: ~.w~~~ C" lerk. '., APPROVED AS TO FORM: ~~/~ City Attorney June 25 ,200 I. 6235 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D, ALFORD, City Clerk of the City pf Arcadia, hereby certifies that the foregoing Resolution No. 6235 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 regular meeting of said Council held on the 19th day of June, 200 I and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chandler, Chang, Kovacic, Marshall and Segal NOES: None ABSENT: None J 26 6235