HomeMy WebLinkAbout2786_CCv0001.pdf RESOLUTION No. 2786
A RESOLUTION OF THE CITY OF RZD1'W' XNDS ESTABLISHING PROCEDURES FOR
ADMINISTRATION OF EMPLOYER-EMPLOYEE RELATIONS
WHEREAS Chapter 10, Division 4, Title I of the Government
Code of the State of California was amended effective January 1,
1969 for the purpose of promoting improved employer-employee
relations between public employers and their employees by estab-
lishing uniform and orderly methods of communicai-ion between
employees and the public agencies by which they are employed;
and
U1HEREAS 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 Redlands desires to adopt such reason-
able rules and regulations as authorized by law?
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF REDLANDS
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . TITLE OF RESOLUTION
This Resolution shall be known as the Employer-Employee
Relations Resolution of the City of Redlands.
SECTION 2 . STATEMENT OF PURPOSE
The purpose of this Resolution is to imple-,iiant Chanter 10,
Division 4, Title 1 of the Government Code of the State oi Cali-
fornia (Sections 3500 et seq.) captioned "Public Employee Organi-
zations, " by providing orderly procedures for the administration
o4f_7 enployer-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 as indicated-.
A. APPROPRIATE UNIT -- means a unit established
pursuant to Section 10 of this Resolution
B. CITY -- weans the City of Redlands, a municipal
corporation, and where appropriate herein, "City"
refers to the City Council, the governing body
of said City, or any duly authorized manage-
ment employee as herein defined. .
C. CONSULT OR CONSULTATION IN' GOOD FAIT 11 -- means
to communicate verbally or in writing for the
purpose of presenting and obta.ining 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 affect-
ing employer-er.playee relalt---ions.
F. EMPLOYEE, MA-NAGEIMENT -- means:
1 . Any employee having significant responsi-
bilities fcr formulating and administering
City policies and programs, inladingbut
not limited to the chief executive officer
and department heads; and
2. Any employee having authority to exercise
independent judgment to hire, transfer,
suspend, lay-off, recall, promote, dis-
charge, assign, reward, or discipline
other employees, or having the responsibility
to direct them, or to adjust their griev-
ances, or effectively to recommend such
act-ion if in connection with the foregoing,
the exercise of such authority is not of a
merely routine cr clerical nature, but
requires the use of independent judgment".
G. EMPLOYEE, PROFESSIONAL -- means employees engaged
in work requiring SpeC4alized knowledge and skills
attained through completion of a recognized course
of instruction, including but not limited tc,
accountants, attorneys, enginee-rs, land use planners,
and librarians .
H. FXPLOYEEE ORGANTZATICLN -- means any organization
which includes employees of the City and has as
one of its primary purposes representing such
erpployees as are its rne.mbers in an appropriate
bargaining unit in their employment relations
with the City.
1. EMPLOYER- E-MPLOYE E RELATIONS -- means the relation-
ship between the City and its employees and their
Resolution No. 2786
Page two
employee organization, or when used in a general
sense, the relationship between City management
and employees 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 discussions between a majority rep-
resentative and the City over any matters con-
cerning which they are required to meet and
confer in good faith, or over the scope of
such subject matter; or (2) any unresolved
complaint by an affected employee organization,
advanced in good faith, concerning a decision
of the Municipal Employee Relations Officer
made pursuant to Sections 9, 10, or 11 of tb-; s
Resolution.
L. MAJORITY REPRESENTATIVE -- means an employee
organization, or its duly authorized represent-
ative, that has been granted formal recognition
by the Municipal Employee Relations Officer as
representing the majority of employees in an
appropriate unit.
M. MEDIATION -- means the effort by an impartial
party to assist the parties in reconciling a
dispute regarding wages, hours and ether terms
and condit-Lons of employment between represent-
ative of the City and the recognized employee
organization or recognized employee organizations
through interpretation, suggestion or advises
Suchmediation shall not be b4nd4ng upon the
City without the authorization of the City Council .
N. MEET AND CONFER IN GOOD FAITH - (Sometimes re-
ferred to herein as "meet and confer" or "meeting
and conferring") -- roans per-14"orm-ance by duly
authorized representatives of an employee organ-4 -
zation recognized as the majority representative
of their mutual obligation to meet at reasonable
times and to confer in good faith regarding matters
within the scope of representation, including wages,
hours, and other terms and conditions of employment,
in an effort to: (1) reach agreement on those
matters within the authority or such representatives
and (2) reach agreement on what -v�ill be recom-mended
to the City Council on those matters within the
decision raking authority of the City Council.
This does not require either party to agree to a
proposal o.- to make a concession.
Resolution No. 2786
Page three
0. Mt&ICIPAL n4PLOYEE RELATIONS OFFICER -- means
the City's principal representative in all matters
of employer-employee relations designated pursuant
to Section 12, or his duly aut:horized. represent-
ative.
P. PEACE OFFICER -- as this term is presently defined
in Section 830.1, California Penal Code .
Q. RECOGNTZED M4FLOYEE ORGANIZATIONS -- means an
employee organization which has been acknowledged
by the Municipal Employee Relations Officer as
an employee organization that represents City
employees in an appropriate unit designated by
the Municipal Employee Relations Officer. The
rights accompanying such reccgnition include;
Formal Rec!-Z�nit�ion -- which is the right to meet
and confer in good faith as the majority represent-
ative of an appropriate unit.
R. RESOLUTION -- means, unless context indicates
otherwise, the E-=,ployer-Emplcyee Relations Reso-
lution of the City of Redlands.
S. SCOPE OF REPRESENTATION -- means all rriatte_-s
relating to rates of pay, wages, hours of employ-.
mens and other conditions of employment concerning
employee members of a recognized employee organ-4 -
zation. City Rights (Section 5) are excluded
from the scope of representation.
SECTION 4. EMPLOYEE '.RIGIUS
Employees of the City shall have the right to form, join and
participate in the activities of employee organizations of their
own choosing for the purpose of representation on all matters of
employer-employee rel aticns including rates of pay, wages, hours
of employment, and other ccnditions of employment. Employees of
the city also shall have the right to refuse to join or partic-
ipate in the activities Of employee o-rganizations and shall have
the right to represent themselves individually in their employ_
rent relations with the Cityr No employee shall be interfered
with, intimidated, restrained, coerced or discriminated against
because of his exercise of these rights.
SECTION 5. CITY RIGHTS
The rights of the City include, but are not limi-ted to, the
exclusive right to determi.ne the wission of its constituent depart-
ments, commissions and boards; set standards of service; determine
the procedures and standards of selection for employment and pro-
motion; direct its employees; take disciplinary action; relieve
Resolution No. 2786
Page four
its employees from duty because of lack of work or for other legit-
imate reasons; maintain the efficiency of governmental operations;
determine the methods, means and personnel by which government
operations are to be conducted; determine the, content ofjoky clas-
sifications; determine professicnal and craft standards ; take all
, necessary acticr.E; to carry t:�ut its mission in emerge-acies; and
exercise complete 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 wit'i representatives of
formally recognized employee organizations regard-
ing matters within the scope of representation
including rates of pay, wages, hours of employ-
ment, and other condit-lens of employment within
the appzopriate un.-Lt.
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 Redlands City Ordinance, nor
shall it he requi--ed to meet and confer in good
faith on Employee or City Rights as defined in
Sections 4 and 5. Proposed amendments to this
Re5oluti�n are excluded from the scope of meeting
and conferring.
SECTION 7. CONSULTATION 1N GOOD FAITH -- SCOPE
All matters affecting ewplcyer-employee relations, in-
cluding those that are not subject to meeting and ccnfer-ring,
are subject to consultation. The City, through its represent-
atives, shall consult in go--d faith with representatives of all
formally recognized ew.plcyee organizations on emplover-employee
relations matters which affect them.
SECTION B. ADVANCE NOTIrE
Reasonable written notice shall be given to each formally
recognized employee organization affected by any ordinance, rule,
resolution or regulaticn d.:Irectly relating to matters within the
scope of reprcsenta-t-icin prc-,p_'!sed t; be adopted by the City Council
or by any board or commission 4z the City, and each shall be given
the opportunity to be represented be-fore said Council, or body in
pri-cr to adopti-n.
regular meet ting L
SECTION 9. PETrTION FOR REQ OGNITTON
A. THE RIGHT TO MEET ANO CONFER IN GOOD FAITH AS
MJORITY REPRESENTATIVE: An employee organizatic_n
that seeks form-al rec(_';gnit2.c)n for purp,_';ses of
meeting and conferring in good faith as the
Resolution No. 2786
Page five
majority representative of employees in an appro-
priate unit shall file a petition with the Munic-
ipal Employee Relations Officer c-ontaining the
follvaing information and dccurbentation:
1. Name and address of the employee organization.
2. Names and titles of its officers.
3 . Names of employee organization representatives
who are authorized to speak on behalf of its
members.
4. A statement that the employee organization
has, as one of its primary purposes, repre-
senting 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, national or international organization,
and, if so, the name and address of each such
regional, state or national c-- international
organizatior-
6. Certified copies' of the employee organization `s
constitution and by-laws.
7. A designation of these 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 organization 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 cn membership based on
race, color, creed, sex, or nate oral origin
10. The job classifications or titles of employees
in the unit designated by the Municipal Em-
ployee Relations 0� ficer to be appr--priate
and the approximate number of member, employees
therein.
11. A statement that the employee organization has
in its possession written proof, dated within
six months of the date upon which the petition
Resolution No. 2766
Page six
is filed, to establish that employees in the
appropriate unit have designated the employee
organization to represent them in their em-
ployment 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 recognize the employee organization
as the majority representative o the employees
in the unit clava-I'Wed to be appropriate for the
t
purpose of meeting and conferring in good faith
on all T-,atters within the scope of representation .
33. 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.
C. The Municipal Employee Relations Officer shall grant
recognition in writing to all employee organizaticns
who have complied with Section 9 (A) , 9 (B) , and
Section 10 for purposes of consultation in goCd
faith for its members. Employee organizations seek-
ing formal recognition as majority representatives
must, in addition, satisfy the requirements of
Section 11 '.A) (1) bel3w. No employee way be repre-
sented by more than one recognized employee organi-
zation for the purposes of this -Resolution.
SECTION 10 . APPROPRIATE UNIT
A. The Municipal Employee Relations Officer, after re-
viewing the petition filed by an employee organization
seeking formal recognition as majority representative,
shall dptermine whether the proposed unit is an
appropriate unit. The principal criterion in making
this determination is whether there is a ccmm�anit
of interest among such employees, compatible with
continued and efficient public employment. The
following factors, azoong others, are to be considered
in making such determinaticn -,
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; and (ii) among other employees of
the City.
Resolution No. 2786
Page seven
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 ccmmon
skills, working conditions, jcb duties or
similar educational requirements.
5. The effect on the existing classification
structure of dividing a single classification
among two or more units.
Provided, however, no unit shall be established
solely on the basis of the extent to which em-
ployees in the proposed unit have organized.
B. in the establishment cf appropriate units (1) pro-
fessional employees shall not be den-JI-ed the right
to be represented separately from non-professional
employees.t and 12i managenent and confidential em- _
ployees may not be included in the same unit with
non-management cr non-confidential employeez.
SECTION ' ll. RECOGNITTOM OF EMPLOYEE ORGJANIZATAONS AS MAJORITY
REPRESEN-IATI V'E FORMAL RE"COGNIT-rLON
A. The Municipal Employee RelatIons OffIcer shall .
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 designated to ascertain the
free choice of a majority of such employees.
The employee organization found to represent
a majority of the employees in an appropriate
unit shall be granted f�rral recognition and
is the only employee organ-Lzation entitled
to meet and confer in goe:;d faith on matters
within the scope of representation for en, -
ployees in si.,ch unit. This shall not pre-
clude other recognized emplc:yee organizations,
or individual eirployees, from consultin4 with
management repre5entatiyes cn employer-employee
relation's matters of concern t.:> them.
The costs and ecpenses of any such secret
election to dct ermine the majority repre-
sentative of such appropriate unit shall. be
defrayed by the employee c..rganigat ic4n seeking
such representation. Such costs and expenses
as estimated by the Municipal Employee Re-
lations officer are to he posted in advance
Resolution No. 2786
Page eight
with the City. Treasurer by the employee
organization or organizations as a condition
precedent to the right to slucii representation
election.
2. Rev&'Ae the recognition rights cE a majority
representative which has been found by secret
ballot election no longer to be the majority
representative.
S. The recognition rights of the majority representative
designated in accordance with this Section shall not
be subject to challenge for a period of twelve months
following the date of such formal recogn-Ition.
SECTIOINT 12 . DESIGNATION- OF MUNICIPAL EMPLOYEE RELAT102%IS OFFTCE-R.
The City council by the adoption of this Resolution designates
the City Manager as the 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 Relaticns Officer is authorized to
delegate these duties and responsibilities.
SECTION 13 . RESOLUTION OF 114PASSES -
I
Impasse procedures may be invoked only after the possibility
of settlement by direct discussion has been exhausted.
The impasse procedures are as follows :
A. MEDIATION (defined in Section 3 (M) -- All mediation
proceedings shall be private. The mediator shall
make no public recommendations nor take any public
position concerning the issue.
13. 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 reque<st for an
impasse meeting together with a statement of its positir-;,n on all
disputed issues. An impasse meeting shall then be scheduled by
the Municipal Employee Relations Officer forthwith after the date
of filing of the written request for such meeting, with writb�n
notice to all parties affected. The purpose of such impasse meet-
ing is twofold; (1) To permit a review of the positior. of all
parties in a final effort to reach agreement on the disputed issues,
Resolution No. 2786
Page nine
and (2) if agreement is not concluded, to mutually select a specific
impasse procedure to which the dispute shall be submitted; in the
absence of agreement between the parties on this point, the matter -
shall be referred to the City Council.
The fees and expenses, if any, .of mediators or of any other
impasse procedure, shall. be 'payable one-half by the City and one-
half by the employee organization or employee organizations, or
association or associations, requesting the impasse procedure-
Such fees and expenses as estimated by the Municipal Employee
Relations Officer are to be posted in advance with the City Treasurer.
.SECTION 14- GRIEVANCES
A. A grievance is any dispute concerning the inter-
pretation or application of this Resolution, or
of rules or regulations governing personnel
practices or working conditions, or of the
practical consequences of a city right 's decision
on wages, hours and other terms and conditions
of employment.
B. Grievances shall -be processed in accordance with
procedures established by the City.
SECTIOIN 15 . JOIEMOIRANDUIM OF UNDERSTANDING
When the meeting and conferring process is concluded between
the City and a formally recognized employee organization represent-
ing a majority of the employees in an appropriate unit--, all agreed
upon matters . shall be incorporated in a written memorandum of under-
standing signed by the duly authorized City and najority represent-
atives.
As to those natters within the authority of the City Council,
the memorandum of understanding shall be submitted to the City
Council for determination
SEC'*ITON 16. RULES AND REGULATIONS
................ .
The City Council may adopt such rules and regulations necessary
or convenient to implement the provisions of this Resolution and
Chapter 10, Division 4, Title I of the GovernmeTit Code of the State
of California (Section 3500, et seq.) .
SECTION 17 . CO-INSTRUICTION
A. Nothing in this Resolution shall be construed to deny
any person or employee the rights granted by Federal
and State laws and City ordinance provisions.
B. The rights, powers and authority of the City Council
in all matters, including the right to maintain any
Resolution No. 2786
Page ten
legal action, shall not be modified or restricted
by this Resolution.
C. Nothing contained in this Resolution shall abrogate
any written agreement between any employee organi-
zation and the City in effect on the effective date
of this Resolution. All such agreements shall con-
tinue in effect for the duration of the terra specified
therein. unless modified or rescinded by mutual agree-
ment of the parties thereto.
D. 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.
SECTION 18. SEPARABILITY
If any provision of this Resolution, or the application of
such provision to any person or circumstances, shall be held in-
valid, 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.
ADOPTED, SIGNED AND APPROVED this , 2nd day of December 1-969.
ATTEST: Mayor of the City of dlands
APPROVED FOR FORM:
Zsl Edward F. Taylor.
City Attorney
Resolution No. 2786
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