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HomeMy WebLinkAbout7531_CCv0001.pdf RESOLUTION NO. 7531 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING PROCEDURES FOR ADMINISTRATION OF EMPLOYER- EMPLOYEE RELATIONS AND RESCINDING RESOLUTION NOS. 2786, 4068, 5031 and 7106. WHEREAS, the Meyers-Milias-Brown Act, Government Code section 3500 et seq., was enacted effective January 1, 1969, for the purpose of promoting improved employer-employee relations between public employers and their employees by establishing uniform and orderly methods of coinmunication between employees and the public agencies by which they are employed; and WHEREAS, Govenunent Code section 3507 empowers a city to adopt reasonable rales 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 has adopted such reasonable rules and regulations as authorized by law and now desires to amend and update those rules and regulations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: SECTION 1. TITLE OF RESOLUTION. This Resolution shall be known as the City of Redlands ("City") Employer-Employee Relations Resolution. SECTION 2. STATEMENT OF PURPOSE. The purpose of this Resolution is to implement the Meyers-Milias-Brown Act by providing orderly procedures for the administration of employer-einployee relations between the City and its employee organizations and for resolving disputes regarding wages,hours and other teens and conditions of employment. SECTION 3. DEFINITIONS. As used in this Resolution, the following terms shall have the meanings as indicated: A. BARGAINING UNIT OR APPROPRIATE UNIT - A group of employee classifications or positions placed in an appropriate unit established pursuant to sections 10 or I I of this Resolution. B. CITY - The City of Redlands, a municipal corporation. Where appropriate herein, "City" shall refer to the City Council, the governing body of the City, or any duly authorized Management Employee as herein defined. C. CONFIDENTIAL EMPLOYEE - An employee who in the course of his/her duties has access to information relating to the City's administration of employer- employee relations or decisions of City management affecting employer-employee relations. 1 lAcclerMesolutionsMes 7500-759917531 Updated Employer Employee Resolution 6 16 15.doc D. CONSULT / CONSULTATION IN GOOD FAITH - To communicate orally or in writing with affected recognized employee organizations for the purpose of presenting and obtaining views or advising of intended actions in a good faith effort to reach consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counter proposals in an endeavor to reach agreement in the form of a memorandum of understanding. Neither is it subject to section 19 (resolution of impasse) of this Resolution. E. DAY- Calendar day, unless expressly stated otherwise. F. EMPLOYEE - Any person regularly employed by the City, except those persons elected by popular vote. G. EMPLOYEE ORGANIZATION - Any organization which includes employees of the City and has as one of its primary purposes representing City employees in their employment relations with the City. H. EMPLOYEE RELATIONS OFFICER - means the City Manager or his/her designated representatives, 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 terns and conditions of employment. I. EMPLOYER-EMPLOYEE RELATIONS - The relationship between the City and its employees and their employee organizations, or when used in a general sense, the relationship between City management and employees or employee organizations in matters involving employee wages,hours and other terms and conditions of employment. J. EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATIONS - An employee organization which has been formally acknowledged by the City as the sole employee organization representing City employees in an appropriate unit designated by the Employee Relations Officer. The rights accompanying such recognition include the right to meet and confer in good faith as the exclusive representative of an appropriate unit. K. IMPASSE - An impasse occurs when the representatives of the City and an Exclusively Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a memorandum of understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. L. MAJORITY REPRESENTATIVE - An employee organization, or its duly authorized representative, that has been granted formal recognition by the Employee Relations Officer as representing employees in a City designated bargaining unit. 2 IAcclerM- esolutions\Res 7500-759917531 Updated Employer Employee Resolution 6 16 15.doc M. MANAGEMENT EMPLOYEE- 1. Any employee having significant responsibilities for formulating and administering City policies and programs including, but not limited to, the City Manager and the department directors; and 2. Any employee having authority to exercise independent judgment in the interests of the City to hire, transfer, suspend, lay-off, recall, promote, dis- charge, assign, reward or discipline other employees, or having the responsibility to direct thein, or to adjust their grievances, or effectively to recorninend 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. N. MEDIATION - The effort by an impartial party to assist the parties in reconciling a dispute regarding wages, hours and other terms and conditions of employment between the City and an Exclusively Recognized Employee Organization through interpretation, suggestion or advice. Mediation shall not be binding upon the City without the authorization of the City Council. O. MEET AND CONFER IN GOOD FAITH - (Sometimes referred to herein as "meet and confer" or "meeting and conferring") -- Performance by duly authorized representatives of an employee organization and the City of their mutual obligation to meet at reasonable tunes 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 of such representatives and (2) reach agreement on what will be recommended to the bargaining unit and to the City Council. This does not require either party to agree to a proposal or to make a concession. P. PEACE OFFICER- As defined it Penal Code section 830.1. Q. PROOF OF EMPLOYEE SUPPORT- 1. An authorization card recently signed and personally dated by an employee provided that the card has not been subsequently revoked it writing by the employee prior to its submission; or 2. A verified authorization petition or petitions recently signed and personally dated by an employee; or, 3. Employee dues deduction authorization, using the payroll register for the period iinmediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. 3 1:\,clerk\Resolulions\Res 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doc 4. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. 5. The words "recently signed" shall mean within the ninety (90) calendar days prior to submission of the authorization card, petition or dues deduction authorization, as the case may be. R. RESOLUTION - This Employer-Employee Relations Resolution, unless the context indicates otherwise. S. SCOPE OF REPRESENTATION - All matters relating to wages, hours and other terms and conditions of employment concerning employees in a City designated appropriate bargaining unit. "City Rights" (section 5) are excluded from the scope of representation as are matters involving the merits, necessity or organization of any service or activity provided by law or executive order. T. "SUPERVISORY EMPLOYEE" - means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recominend 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. Terris not defined herein shall have the meanings as set forth in the Meyers-Milias-Brown Act. 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 purpose of representation on all matters of employer-employee relations including wages, hours and other terms and conditions of employment. 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 because of their exercise of these rights. SECTION 5. CITY RIGHTS. The City retains and has the exclusive decision making authority which includes, but is not limited to, the rights to: A. Determine and modify the mission of the City, its organization, its constituent departments, commissions and boards; B. Determine the nature, standards, levels and mode of delivery of services to be offered, and the methods, means and number and kinds of personnel by which services are to be provided; C. Determine the procedures and standards of selection for employment and promotions; 4 Bcclerk\Resolutions\Res 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doc D. Direct its employees, including scheduling and assigning work, work hours and overtime; E. Relieve employees from duty because of lack of work, lack of funds or for other lawful reasons; F. Maintain the efficiency of governmental operations; G. Determine and/or change the facilities, methods, technology, means, organizational structure, size and composition of the work force, and allocate and assign work by which the City operations are to be conducted; H. Determine the content and scope of job classifications; I. Determine methods of financing City operations and whether services shall be provided by the City or shall be purchased or contracted for; J. Determine style and/or types of City issued wearing apparel, equipment or teclulology to be used, and to establish and enforce dress and grooming standards; K. Determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract and/or subcontract for any work or operations of the City; L. Assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon notice; M. Implement rules, regulations and directives consistent with law and with applicable Memoranda of Understanding; N. Establish and modify productivity programs and standards; Q. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law; P. Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; and Q. Take all necessary actions to protect the public and carry out the City's mission in emergencies. The exercise by the City, through the City Council and management representatives, of its rights hereunder shall not in any way, directly or indirectly, be subject to any appeal or grievance procedure. 5 1:\cclerk\Resolutions\Res 7500-759917531 Updated Employer Employee Resolution 6 16 15.doc 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 Exclusively Recognized Employee Organizations regarding matters within the scope of representation including wages, hours and other terms and conditions of employment of employees of a designated bargaining 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 City of Redlands ordinance, nor shall it be required to meet and confer in good faith on City Rights as defined in section 5 of this Resolution. Proposed amendments to this Resolution are excluded from the scope of meeting 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 meeting and consultation. The City, through its representatives, shall meet and consult in good faith with representatives of all formally recognized employee organizations on employer- employee relations matters which affect them. SECTION 8. ADVANCE NOTICE. Reasonable written notice shall be given to each formally 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, and each shall be given the opportunity to be represented before the City Council prior to adoption. SECTION 9. PETITION FOR RECOGNITION. A. THE RIGHT TO MEET AND CONFER IN GOOD FAITH AS EXCLUSIVE REPRESENTATIVE: An employee organization that seeks formal recognition for purposes of meeting and conferring in good faith as the exclusive representative of a City designated bargaining unit shall file a petition with the Employee Relations Officer containing the following information and documentation: 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, representing employees in their employment relations with the City. 5. A statement whether the employee organization is a chapter or local of, or is affiliated directly or indirectly in any manner with, a regional, state, national or international organization and, if so, the name and address of each such 6 IAcclerk\Resolutions\Res 7504-759917531 Updated Employer Employee Resolution 6 16 15.doc 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 to the employee organization for any purpose. 8. A statement that the employee organization recognizes that the provisions of Labor Code section 923 do not apply to City employees. 9. A statement that the employee organization has no restriction on membership based on race, color, religion, sex, national origin, ancestry, physical or mental disability, marital status, veteran status, sexual orientation, medical condition (e.g. cancer or genetic characteristic), genetic information, or age (40 and over). 10. The job classifications or titles of employees in the unit designated by the Employee Relations Officer to be appropriate and the approximate number of member employees therein. 11. A statement that the employee organization has in its possession written proof, dated within ninety (90) days of the date upon which the petition is filed, to establish that employees in the appropriate unit have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. 12. A request that the Employee Relations Officer recognize 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. The petition, including all accompanying documents, shall be verified, under oath, by the executive officer and secretary of the organization certifying that the statements are true. All changes in such information shall be filed forthwith in like manner. C. Upon receipt of the petition for recognition, the Employee Relations Officer shall determine whether: 1. There has been compliance with the requirements set forth herein for a recognition petition. 2. The proposed representation unit is an appropriate unit in accordance with section 15 (appropriate unit) herein. If an affirmative determination is made by the Employee Relations Officer on both of the 7 1:\cclerk\Resolutions\Res 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doc foregoing two matters, the Employee Relations Officer shall so inform the petitioning employee organization within fifteen(15) days of receipt of a recognition petition, shall give written notice of such request for recognition to the employees in the unit, and shall take no action on said request for thixty(30) days thereafter. If either of the foregoing matters is not affirmatively determined, the Employee Relations Officer shall so advise the petitioning organization and shall offer to consult thereon with such petitioning organization. If the determination thereafter remains unchanged, the Employee Relations Officer shall inforn that organization of the reasons therefore in writing. The petitioning employee organization may appeal such deternination in accordance with section 16 (appeals) herein. D. Open Period for Filing Challenging Petition. Within thirty (30) 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 (30%) and otherwise in the same form and manner as set forth in section 9A (filing of recognition petition by employee organization) herein. If a challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing. The hearing shall be conducted within thirty (30) days of the receipt of the challenging petition, on such overlapping petition for the purpose of ascertaining the more appropriate unit, at which tine the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in section 15 (appropriate units) herein. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is corrununicated to them by the Employee Relations Officer to amend their petition to conform to such determination or to appeal the determination pursuant to section 16 (appeals) herein. SECTION 10. GRANTING RECOGNITION WITHOUT AN ELECTION. If the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination on all points, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit without holding an election. SECTION 11. ELECTION PROCEDURE. If recognition is not granted pursuant to section 10 (granting recognition without an election), the Employee Relations Officer shall arrange for a 8 1Acclerk\Resolutions\Res 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doc secret ballot election to be conducted by the California State Mediation and Conciliation Service or some other party agreed to by the Employee Relations Officer and the concerned employee organizations. All employee organizations which have duly submitted petitions and which have been determined to be in conformance with section 9 (petition for recognition) shall be included on the ballot. The choice of"no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons employed in regular positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the election commences. This includes those who did not work during such period because of illness, vacation or other authorized leaves of absence and who are employed by the City in the same 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 the organization received a numerical majority (50% + 1) of all valid votes cast in the election. In an election involving three or more choices (one of which was "no organization"), where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted, within thirty (30) days of the original election, between the two choices receiving the largest numbers of valid votes cast. The rules governing an initial election shall also apply to a run-off election. There shall be no more than one valid election, or one valid run-off election, under this resolution pursuant to any petition in a twelve (12) month period affecting the same unit. Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot. SECTION 12. PROCEDURE FOR DECERTIFICATION OF EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION. A decertification petition alleging that an incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in designated appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (3 0) day period conmmencing on hundred twenty(120) days prior to the tennination date of any memorandum of understanding which has been in effect less than three years, whichever occurs later. A decertification petition may be filed by two or more employees or their representative, or by an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: 1. The naive, address and telephone number of the petitioners and a designated 9 L\cclerk\ResolutlonsVRes 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doe representative authorized to receive notices or requests for further information; 2. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as the representative of that unit; 3. 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; 4. Proof of employee support that at least thirty percent (30%) of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the tune limits specified in this Resolution. An employee organization may, in satisfaction of the decertification petition requirements hereunder, file a petition under this section in the fonn of a recognition petition that evidences proof of employee support of at least thirty percent (30%) of the unit, that includes the allegation and inforination required by this section, and otherwise conforms to the requirements of section 9 (petition for recognition) herein. The Employee Relations Officer shall initially deteriniie whether the petition has been filed in compliance with the applicable provisions of this Resolution. If the Employee Relations Officer's determination is in the negative, he or she shall so notify the petitioner and shall offer to consult thereon with the representatives of such petitioning employees or employee organization and, if such detennination thereafter remains unchanged, shall return such petition to the employees or employee organization with a written statement of the reasons therefor. The petitioning employees or employee organization may appeal such determination in accordance with section 16 (appeals) of this Resolution. If the determination of the Employee Relations Officer is in the affirmative, or if his or her negative determination is reversed on appeal, the Employee Relations Officer shall give written notice of such decertification or recognition petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held in or about thirty(30) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a recognition petition was duly filed hereunder, the question of representation. The election shall be conducted in conformance with section 11 (election procedure)herein. During the "open period" specified in the first paragraph of this section, the Employee Relations Officer may, on his or her own motion, when he or she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that 10 1:lcclerMesolutionsWes 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doc he or she will arrange for an election to determine that issue. In such event, any other employee organization may, within fifteen (15) days of such notice, file a recognition petition in accordance with this section, which the Employee Relations Officer shall act on in accordance with this Resolution. If, pursuant, to this section, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any memorandum of understanding then in effect for its remaining term. If, pursuant, to this section, an employee organization is decertified, and no other employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, those employees formerly represented by the decertified organization shall thereupon become unrepresented employees and they shall be bound by all the terms and conditions of any memorandum of understanding then in effect for its remaining tern, unless the City Council determines otherwise. There shall be no more than one valid decertification election under this resolution pursuant to any petition affecting the same unit in any twelve (12) month period. SECTION 13. PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS. Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in section 12 (procedure for decertification of exclusively recognized employee organization) herein. Such requests shall be submitted in the form of a recognition petition and, in addition to the requirements set forth in section 9 (petition for recognition) herein, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in section 15 (appropriate units) herein. The Employee Relations Officer shall process such petitions the same as other recognition petitions under this section. The Employee Relations Officer may propose, on his or her own motion, during the period specified in section 12 (procedure for decertification of exclusively recognized organization) herein, that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modifications to any affected employee organization and shall hold a meeting concerning the proposed modifications at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with section 15 (appropriate units) herein and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in section 16 (appeals) herein. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, I lAcclerMesolutionARes 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doc employee organizations may thereafter file recognition petitions seeking to become the Exclusively Recognized Employee Organization for any new unrepresented appropriate units pursuant to section 9 (petition for recognition) herein. The Employee Relations Officer shall review all requests for establislunent of additional units or the deletion and merger of existing units. The Employee Relations Officer's recommendations after consultation with employee organizations shall be submitted to the City Council for proposed adoption. SECTION 14. PROCEDURE FOR PROCESSING SEVERANCE REQUESTS. An employee organization may file a request to become the Exclusively Recognized Employee Organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request shall be as specified in section 13 (procedure for modification of established appropriate units) for modification requests. SECTION 15. APPROPRIATE UNIT. A. The Employee Relations Officer, after reviewing the petition filed by an employee organization seeking formal recognition as exclusive representative, shall determine whether the proposed unit is an appropriate unit. The policy objectives in determiuning the appropriateness of units shall be the effect of a proposed unit on: (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable conununity of interest. Factors to be considered shall be: 1. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions; 2. History of representation in the City and similar employment. However, no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees it the proposed unit have organized; 3. Consistency with the organizational patterns of the City; 4. 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; 5. Effect on the classification structure and impact on the stability of the employer- employee relationship of dividing a single or related classifications among two or more units. B. In the establishment of appropriate units: 12 lAcclerk\Resolutions\Res 7500-759917531 Updated Employer Employee Resolution 6 16 15.doc I. Professional employees shall not be denied the right to be represented separately from non-professional employees; and 2. Management and confidential employees may not be included in the same unit with non-management or non-confidential employees, except that professional employees may be included in a unit with management and/or confidential employees. Management and confidential employees shall not represent any employee organization which represents other City employees on matters within the scope of representation as defined by the Meyers-Milian-Brown Act. SECTION 16. APPEALS. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (section 9A), Challenging Petition (section 9D) or a Decertification Petition (section 12), or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (section 12) has not been filed in compliance with the applicable provisions of this section may, within fifteen (15) days of notice of such determination, appeal the determination to the City Council for final decision. Appeals to the City Council shall be filed in writing with the City Council secretary, and a copy thereof shall be served on the Employee Relations Officer. The City Council shall conunence to consider the matter within 30 days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third party hearing process to issue a recoininended decision to the City Council. Any decision of the City Council on the use of such procedure, and/or any decision of the City Council determining the substance of the dispute, shall be final and binding. SECTION 17. DURATION OF FORMAL RECOGNITION. When an employee organization has been formally recognized, such recognition shall remain in effect thereafter until such time as the Employee Relations Officer shall determine, on the basis of a secret ballot election conducted in accordance with the foregoing rules, that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit or until such time as the unit may be modified. SECTION 18. DESIGNATION OF EMPLOYEE RELATIONS OFFICER. The City Council by the adoption of this Resolution designates the City Manager as the 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 terns and conditions of employment. The Employee Relations Officer is authorized to delegate these duties and responsibilities within his/her discretion. 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. The decision of the Employee 13 l:\cclerk\Resolutions\Res 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doc Relations Officer shall be final. SECTION 19. RESOLUTION OF IMPASSE. A. Initiation of Impasse Procedures. If the meet and confer process has reached impasse as defined in section 3 (definitions) herein, either party may initiate the impasse procedure by fling with the other affected party (or parties) a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled by the Employee Relations Officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purposes of such impasse meeting are twofold: (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, mutually to select a specific impasse procedure to which the dispute shall be submitted. B. Impasse Procedures. 1. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. 2. If the parties agree to, and do participate in mediation, and if mediator is unable to effect settlement of the controversy, the employee organization may present a request to the City and the Public Employment Relations Board (PERB) to submit the impasse to fact-hiding. This request by the employee organization to submit the impasse to fact-finding must be made no sooner than 30 days, but no later than 45 days, following the selection of a mediator by the parties. 3. If the parties do not agree to participate in mediation, the employee organization may present a request to the City and PERB to submit the impasse to fact- finding no later than 30 days following the date that either party has provided the other a written notice of declaration of impasse. 4. Within five (5) working days after PERB's determination that the request for factfinding is sufficient, a fact-fording panel of three (3) shall be appointed in the following manner: One member of the panel shall be appointed by the Employee Relations Officer, and one member shall be appointed by the Exclusively Recognized Employee Organization. The Chairperson of the panel shall be selected in the following manner: Within five (5) days of either party filing a written request for an impasse meeting, the parties shall mutually agree on a fact-finding chaiiperson who will certify that he or she will start the fact-hiding proceedings (described in this section) within ten (10) days of notification by the Exclusively Recognized Employee Organization of a need to do so. If the parties are unable to agree,the City shall request that the California State Mediation and Conciliation Service 14 1:\cclerk\Resolutions\Res 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doc provide a list of seven (7) qualified fact-finders, and the parties will select a fact-finder from this list who will certify that he or she will start the fact-finding hearing within 10 days of notification by either party of a need to do so. The parties shall confirm the pre-designated chairperson no later than ten (10) days after either party files a written request for an impasse meeting. 5. The following constitute the jurisdictional and procedural requirements for fact- finding: (i) The panel shall, within ten (10) days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and 'investigations, hold hearings, and take any other steps it deems appropriate. The panel shall have subpoena power with regard to hearings, investigations and inquiries. (ii) If the fact-finding panel makes findings and recommendations, those findings and recommendations shall be made on an issue-by-issue basis. The fact-finding panel shall limit its fundings and recommendations to issues that fall within mandatory subjects of bargaining, unless the parties mutually agree, in writing, to submit other issues to the panel. If the dispute is not settled within thirty (30) days of the chairperson's appointment, that panel shall make findings of fact and advisory recommendations for tenors of settlement. The fact-finding panel shall submit a written report including findings of fact and recoinimended teens of settlement to the parties. The fact-finders shall consider, weigh and be guided by the following measures and criteria in arriving at their findings and recommendations: a. State and federal laws that are applicable to the employer. b. Local rules, regulations, or ordinances. C. Stipulations of the parties. d. The interests and welfare of the public, and the financial ability of the public agency, including specific consideration of the impacts of any recommendation which will result in an increased cost to the City, including the impact of that additional expense on the ability of the City to continue to provide services and its ability to attract and retain employees in light of prevailing labor market conditions. C. Comparison of the wages, hours, and conditions of employment of the employees involved in the fact-fording proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies. 15 1:\cclerk\Resolutions\Res 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doe E The consumer price index for goods and services, commonly known as the cost of living. g. The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received. h. Any other facts not confined to those specified in paragraphs (a)- (g), inclusive, which are normally or traditionally taken into consideration in making the fundings and recommendations, including, but not limited to: (i.) Maintaining appropriate compensation relationships between classifications and positions within the City; (ii.) Other legislatively determined and projected demands on agency resources (i.e., budgetary priorities as established by the governing body); (iii.) Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); (iv.) Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s); (v.) Assurance of sufficient and sound budgetary reserves; and (vi.) Constitutional, statutory, and Municipal Code/ Charter limitations on the level and use of revenues and expenditures. (iii) Within thirty (30) days after the appointment of the fact-finding panel, or, upon agreement by both parties within a longer period, the panel shall make written fundings of fact and advisory recoirnnendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recolninendations. The fact-finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the Employee Relations Officer and the designated representative of the Exclusively Recognized Employee Organization before they are made available to the public. 6. If these parties have not resolved the impasse within ten (10) days after service of the findings and recommendations upon them, the City shall make them public by submitting thein to the City Clerk for consideration by the City Council in connection with the Council's legislative consideration of the 16 1;\cclerk\Resclutions\Res 7500-7599\7531 Updated Employer Employee Resolution 6 16 15 Aoc impasse. 7. After any applicable mediation and fact-finding procedures have been exhausted, but no earlier than ten (10) days after the fact finders' written findings of fact and recommended terms of settlement have been submitted to the parties, the City Council may hold a public hearing regarding the impasse, and take such action regarding the impasse as it in its discretion deems appropriate as in the public interest, including implementation of the City's last, best and final offer. Any legislative action by the City Council on the impasse shall be final and binding. 8. The costs for the services of the panel chairperson agreed upon by the parties shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed the per diem fees stated on the chairperson's resume on file with PERB. The chairperson's bill showing the amount payable by the parties shall accompany his or her final report to the parties and PERB. The parties shall make payment directly to the chairperson. 9. Any other mutually incurred costs, including cost for services of a mediator, shall be borne equally by the parties. Any separately incurred costs for the panel member selected by each party shall be borne by that party. SECTION 20. MEMORANDUM OF UNDERSTANDING. When the meet and confer process is concluded in agreement between the City and an Exclusively Recognized Employee Organization, all agreed upon matters shall be incorporated in a written memorandum of under- standing signed by the duly authorized City and organization representatives. The meinoranduin of understanding shall then be submitted for ratification votes by the City Council and by the bargaining unit employees. SECTION 21. RULES AND REGULATIONS. The City Council may adopt such rules and regulations necessary or convenient to implement the provisions of this Resolution and the Meyers-Milias-Brown Act. SECTION 22. 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 ordinance 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 modified or restricted by this Resolution. C. Nothing contained in this Resolution shall abrogate any written agreement between any employee organization and the City in effect on the effective date of this Resolution. All such agreements shall continue in effect for the duration of the tern specified therein, unless 17 1:\cclerk\Resolutions\Res 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doc modified or rescinded by mutual agreement of the parties thereto. D. The provisions of this Resolution are not intended to conflict with the provisions of the Meyers-Milias-Brown Act. SECTION 23. SEPARABILITY. If any provision of this Resolution, or the application of such provision to any person or circumstances, 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. SECTION 24. ADMINISTRATION. A. All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items (A) through (M) of its recognition petition under section 9A (petition for recognition) herein, shall be submitted in writing to the Employee Relations Officer within fifteen(15) days of such change. B. Exclusively Recognized Employee Organizations that are party to an agency shop provision shall annually provide to the Employee Relations Officer and to unit members within sixty (60) days after the end of its fiscal year the financial report required by Government Code section 3502.5(f). C. 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 authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this rule that pertain directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of City operations. SECTION 25. EFFECTIVE DATE. This Resolution shall become effective on July 1, 2015. ADOPTED, SIGNED AND APPROVED this 160' day of June, 2015. Z J n Harrison, Mayor Pro Tempore ATTEST. SainlrwYn,eity Clerk 18 1:\cclerk\Resolutions\Res 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doc I, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular ineeting thereof held on the 16`" day of June, 2015, by the following vote: AYES: Councilmembers Gilbreath, Barich, James; Mayor Pro Tem Harrison NOES: None ABSENT: Mayor Foster .ABSTAIN: None Saxe Irwin, tiiy CIe 19 lAcclerk\Resolutions\Res 7500-7599\7531 Updated Employer Employee Resolution 6 16 15.doc