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R 0919 - - ,- 2> _'"4 ~"r ~) RESOLUTION NO, 919 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING RULES AND REGULA- TIONS REGARDING EMPLOYER-EMPLOYEE RELATIONS. . WHEREAS Chapter 10, Division 4, Title 1 of the Government Code of the State of California was amended effective January 1, 1969 for the purpose of pro- moting 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 City to adopt reasonable rules and regulations after consultation in good faith with representatives of its employee organizations for the administration of employer-employee relations; and WHEREAS the City of Arroyo Grande desires to adopt such reasonable rules and regulations as authorized by law: NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. TITLE OF RESOLUTION This Resolution shall be known as the Employer-Employee Relations Reso- lution of the City of Arroyo Grande. SECTION 2. STATEMENT OF PURPOSE The purpose of this Resolution is to implement Chapter 10, Division 4, Title 1 of the Government Code of the State of Califbrnia (Sections 3500 et seq.) captioned "Public Employee Organization," 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. SECTION 3. DEFINITIONS As used in this Resolution, the following terms shall have the meanings indicated: (A) APPROPRIATE UNIT - means a unit established pursuant to Section 10 of this Resolution. (B) CITY - means the City of Arroyo Grande, a municipal corporatio~, and where appropriate herein, "City" refers to the City Council, the governing body of said City, or any duly authorized management em- ployee as herein defined. (C) CONSULT OR CONSULTATION IN GOOD FAITH - means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions. (D) EMPLOYEE - means any person regularly employed by the City except those persons elected by popular vote. (E) EMPLOYEE, CONFIDENTIAL - means an employee who is privy to decisions of City management affecting employer-employee relations. (F) EMPLOYEE, MANAGEMENT - means: (1) Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the chief executive officer and department heads; and , (2) Any employee having authority to exercise independent judgsent. to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them, or to adjust their 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. -I- i I ~~U ` (G) EMPLOYEE, PROFESSIONAL - means employees engaged in work requiring specialized knowledge and skill 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) EMPLOYEE ORGANIZATION - means any organization which includes em- ployees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City.. (I) EMPLOYER-EMPLOYEE RELATIONS - means 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 em- ployees or employee. ,organizations. (J) GRIEVANCE - as this term is defined in Section 14 (A). (K) IMPASSE - means (1 )' a deadlock in .the annual (or periodic) discuss- ions between a majority representative and the City over any matters concerning which they are required to meet and confer in. 'good faith, or over the scope'of.such subject matter;. or (Z) any unresolved com- plaint by an affected employee organization, advanced in good faith, concerning a decision of the Municipal Employee Relations Officer made pursuant-to Sections 9, 16 or 11 of this Resolution. (L) MAJORITY REPRESENTATIVE-- means an employee organization, or its duly authorized representative, that has been granted formal recog- nition by the Municipal. Employee Relations Officer as representing the majority of employees in an appropriate unit. (M) MEDIATION OR CONCILIATION - means the efforts of an impartial third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through .interpretation, suggestion and advice. Mediation and conciliation are interchangeable terms. (N) MEET AND CONFER IN GOOD FAITH (sometimes referred to herein as "meet and confer" or "meeting and conferring") - means performance by duly authorized City representatives and duly authorized representatives of an employee organization recognized as the majority representat- ive of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of repre- sentation, 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 agree- ment on what will be recommended to the`City Council on those matters within the decision making authority of the City .Council. This does not require either party to agree to a proposal or to make a con- cession. (O) MUNICIPAL EMPLOYEE RELATIONS OFFICER - means the City's principal representative in all matters of employer-employee relations desig- nated pursuant to SECtiOn 1Zs Mr his d~lq 8lithorized representative. (P) PEACE OFFICER.- as this term is defined in Section 830, California Penal Code. (Q) RECOGNIZED EMPLOYEE ORGANIZATION - means an employee organization which has been acknowledged by the Municipal Employee Relations Officer as an employee organization that represents employees of the City. The rights accompanying recognition are either: (1) .Formal Recognition - which is the right to meet and confer in good faith as the majority representative in an appropriate unit; or (Z) .Informal Recognition - which is the right to consultation in .good faith by all recognized employee organizations. (R) RESOLUTION - means, unless the context indicates otherwise, the Employer-Employee Relations Resolution of the City of Arroyo Grande. - 2- ~„~,. :) , _. . -) -' (5) SCOPE OF REPP~8~NTATION - means all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment. City Righ ts (Section 5) are excluded from the scope of representation. SECTION 4. EMPLOYEE RIGHTS 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 pur- pose of representation on all matters of employer-employee relations includ- ing but not limited to wages, hours, and other terms and conditions of employ- ment. 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. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the city or by any employee organization because of his exercise of these rights. I ! , SECTION 5. CITY RIGHTS i The rights of the City include, but are not limited to, the exclusive I I 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 dis- ciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental opera- tions; determine the methods, means and personnel by which government opera- tions 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. SECTION 6. MEET AND CONFER IN GOOD FAITH - SCOPE (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 City shall not be required to meet and confer in good faith on any subject preempted by Federal or State law or by the City Charter, nor shall it be required to meet and confer in good faith on Em- ployee or City Rights as defined in Section 4 and 5. Proposed amendments to this Resolution are excluded from the scope of meet- ing and conferring. SECTION 7. CONSULTATION IN GOOD FAITH - SCOPE 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 repre- sentatives of all recognized employee organizations on employer-employee re- lations matters which affect them. Advance notice on matters subject to con- sultation, but outside the scope of representation, is desirable but not man- datory. SECTION 8. ADVANCE NOTICE Reasonable written notice shall be given to each 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 Councilor by any board or commission of the City, and each shall be given the opportunity to meet with such body prior to adoption. In cases of emergency when the City or any board or commission of the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the City or the board or commission of the City shall provide such notice and opportunity to meet at the earliest practicable time follow- ing the adoption of such ordinance, rule, resolution or regulation. -3- , . - ~ D SECTION 9. PE~TTION FOR R~rOGNITION ":) There are two levels of employee organization recognition - formal and in- formal. The recognition requirements of each are set forth below. (A) FORMAL RECOGNITION - THE: RIGHT TO MEET AND CONEER IN GOOD EAITH AS MAJORITY REPRESENTATIVE:- - An- employee- o-rganiza-tion. -tha-t- 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 -Reliittgns Officer con- taining the following information and documentation: (1) Name and address of the employee'organization. (2) Names and titles of its. officers. (3) N~es of employeeorgani~ation represe~tatives who are authoriz- ed to sPeak on behalf of its members. (4) A statement that the employee organization has, as one of its primary purposes, representing employees in their Employment relations with the City. (5 ) A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organiz- ation, and, if so, the name and address of each such regional, state, national or international'organization. (6) Certified copies of the employee organization's constitution and by-laws. (7) A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organiz- ation for any purpose. (8) A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to City employees. (9) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, or national origin. (10) The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. (ll) A statement that the employee organization has in its possession written proof, dated within six months of the date upon which the petition is filed, to establish that employees in the unit claimed to be appropriate have designated the employee organiz- ation 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. (12) A request that the Municipal Employee Relations Officer recog- nize 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. (B) INFORMAL RECOGNITION - THE RIGHT TO CONSULT IN GOOD FAITH An employee organization that seeks recognition for purposes of con- sultation in good faith shall file a petition with the Municipal Em- ployee Relations Officer containing the following information and documentation: (1) All of the information enumerated in (A),(l) through (9) of this section inclusive. (2) A statement that the employee organization has in its possession written proof, dated within six months of the date upon which the petition is filed, to establish that employees have designa- ted the employee organization to represent them in their employ- . -4~' ".. '':J .L ? ,.'ent rel,,:iGuG with the City. Such written proof shall be sub- mitted for confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party. (3) A request that the Municipal Employee Relations Officer recog- nize the employee organization for the purpose of consultation in good fai th. (C) The petition, including all accompanying documents, shall be verified, under oath, by the Executive Officer and Secretary of the organization that the statements are true. All changes in such information shall be filed forthwith in like manner. (D) The Municipal Employee Relations Officer shall grant recognition, in writing, to all employee organizations who have complied with eit~r Sections 9 (A) or (B) and, in addition, Sec tion 9 (C) for purposes of consultation in good faith for its members. Employee organizations seeking formal recognition as majority representative must, in addition, establish to the satisfaction of the MUnicipal Employee Relations Officer that it represents a majority of the employees in the manner prescribed in Section 11 (A) below. No em- ployee may be represented by more than one recognized employee organiz- ation for the purposes of this Resolution. SECTION 10. APPROPRIATE UNIT (A) The Municipal Employee Relations Officer, after reviewing the petit- ion filed by an employee organization seeking formal recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. The principal criterion in making this determination is whether there is a community of interest amang'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 Resolution. (2) The history of employee relations: (i) in the unit; (if) among other employees of the City; and (ifi) in similar public employ- ment. (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 con- ditions, job duties or similar educational requirements. (5) The effect on the existing classification structure of dividing a single classification among two or morQ units, Provided, however, 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 non- professional employees; and (2) management and confidential employees who are included in the same unit with non-management or non-confi- I dential employees may not represent such employees on matters within I the scope of representation. I SECTION 11. RECOGNITION OF EMPLOYEE ORGANIZATIONS AS MAJORITY REPRESENTATIVE - FORMAL RECOGNITION (A) The Municipal Employee Relations Officer shall: I (1) Determine the majority representative of City Employees in an appropriate unit by arranging for a secret ballot election or by any other reasonable method which is based upon written proof, and is designed to ascertain the free choice of a major- ity 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 -5- . ) \~ . _/ such un:!. t, This shall not preclude other recognized employee organizations, or individual employees, from consulting with management representatives on employer-employee relations matters of concern to them. (2) Revoke the recognition rights of a majority representative, which has been found bf; secret ballot election, or by any'.other reasonable method whicis based upon written proof, nO longer to be the majority representative. (B) 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 twelve months following the date of such recognition.. SECTION 12. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER The City Council shall designate, by Resolution, a 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. The Municipal Employee Relations Officer so designated is authorized to delegate these duties and responsibilities. SECTION 13. RESOLUTION OF IMPASSES Impasse procedures may by invoked only after the possibility of settle- ment by direct discussion has been exhausted. The impasse procedures are as follows: (A) MEDIATION (OR CONCILIATION) (Defined in Section 3-M) - All medi- ation proceedings shall be private. The Mediator shall make no public recommendations nor take any public position concerning the issues. (B) A DETERMINATION BY THE CITY COUNCIL - after a hearing on the merits of the dispute, (C) Any other dispute resolving procedures to which the parties mutually agree or which the City Council may order. Any party may initiate the impasse procedure by filing with the other party (or parties) affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting ~lfuen be scheduled by the Municipal Employee Relations Officer forthwith after the date of filing of written request for such meeting, with written notice to all parties affected. The purpose o~ such impasse meeting is two- fold: (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 dis- pute sbIIId be submitted; in the absence of agreement between the parties on this point, the matter shallbe referred to the City Council. The fees and expenses, if any, of mediators or of any other impasse pro- cedure, shall be payable one-half by the City and one-half by the employee organization or employee organizations. SECTION 14. GRIEVANCES (A) A grievance is any dispute concerning the interpretation or appli- cation of this Resolution, or of rules or regulations governing personnel practices or working conditions, or of the practical con- sequences of a City rights' decision on wages, hours, and other terms and conditions of employment, (B) Grievances shall be processed in accordance with procedures estab- lished by the city. -6- -.--- ---,~ "..._'_.._~-_._--_._..- - ---. . ') . - - ....... . \ . - SECTION 15. NEMClRANDUI~ OF UNDERSTANDING I 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 written memorandum of understanding signed by the duly authorized City and majority representatives. As to those matters within the authority of the City Council, the memoran- dum of understanding shall be submitted to the City Council for determination. SECTION 16. RULES AND REGULATIONS The City Council may adopt such Rules and Regulations necessary or con- venient to implement the provisions of this Resolution. SECTION 17. CONSTRUCTION (A) Nothing in this Resolution shall be construed to deny any person or employee the rights granted by Federal and State laws and City provisions. (B) The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modi- fied or restricted by this Resolution. (C) The provisions of this Resolution are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.) as amended in 1968. I I SECTION 18. SEPARABILITY I r If any provision of this Resolution, or the application of such provision 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. On motion of Councilman Wood, seconded by Councilman Talley and on the following roll call vote, to wi t : AYES: Council Members Schlegel, Thompson, Wood, Talley and Mayor Levine. NOES: None. ABSENT: None. the foregoing resolution was passed and adopted this 12th day of January, 1971. ~- .r/Lc>/. -t:?,.,.., """" C~J/~~ MAYOR ITY CLERK I, POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Resolution No. 919 is a true, full and correct copy of said Resolution passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council on the 12th day of January, 1971. WITNESS my hand and the seal of the City of Arroyo Grande affixed the 13th day of January, 1971. Ci ty Cle Grande (SEAL) -7-