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HomeMy WebLinkAboutRES CC 1987 380 1987 0415RESOLUTION NO. 87 - 380 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK ADOPTING PROCEDURES FOR THE ADMINISTRATION OF EMPLOYER - EMPLOYEE ORGANIZATION RELATIONS. WHEREAS, the State of California Government Code (Sections 3500 et seq) authorizes a City to provide orderly procedures for the administration of employer- employee relations; WHEREAS, the purpose of such procedures is to promote full communica- tion between the City and its employees regarding wages, hours, and other terms and conditions of employment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moorpark to adopt the procedures contained in Exhibit A entitled "Employer - Employee Organization Relations" for the administration of employer - employee relations between the City of Moorpark and its employee organizations. PASSED AND ADOPTED this 15th day of April , 1987. � )-lam, Clint D. Harper, Mayor STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Maureen W. Wall , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Resolution No. 87-380 was adopted by the City Council of the City of Moorpark at an adjourned regular meeting thereof held on the 15th day of Apri 1 , 19 87 and that the same was adopted by the following vote, to wit: AYES: Councilmembers Eloise Brown, john Galloway, Bernardo Perez, and Mayor Clint Harper. NOES: None. ABSENT: Councilmember Thomas Ferguson. WITNESS my hand and the official seal of said City this 17th day of April , 19 87 EXHIBIT "A" Employer - Employee Organization Relations Article I -- General Provisions Sec. 1. Statement of Purpose. This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employer- employee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of State law, City ordinances, resolutions and rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employer - employee relations. This Resolution is intended, instead, to strengthen merit, civil service and other methods of administering emplover- employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by Federal or State law. However, nothing herein shall be construed to restrict any legal or inherent exclusive policy, which include among others: The exclusive 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; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; 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. Sec. 2. Definitions. As used in this Resolution, the following terms shall have the meanings indicated: a. "Appropriate Unit" means a unit of employee classes or positions, estab- lished pursuant to Article II hereof. b. "City" means the City of Moorpark, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined. C. "Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the City's admin- istration of employer- employee relations. d. "Consult /Consultation in Good Faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; 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 counterproposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a Memorandum of Under- standing, nor is it subject to Article IV hereof. e. "Day" means calendar day unless expressly stated otherwise. f. "Employee Relations Officer" means the City Manager or his duly authorized representative. g. "Impasse" means that the representatives of the City and a 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 Understand- ing, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. h. "Management Employee" means an employee having responsibility for formulat- ing, administering or managing the implementation of City policies and programs. i. "Professional Employee" means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and the various types of physical, chemical and biological scientists. j. "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee. The only authori- zation which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition. k. "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees in the meet and confer process. 1. "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 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. Article II -- Representation Proceedings Sec. 3. Filing of Recognition Petition by Employee Organization. An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appro- priate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: -2 a. Name and address of the employee organization. b. Names and titles of its officers. C. Names of employee organization representatives who are authorized to speak on behalf of the organization. d. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City. e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization. f. Certified copies of the employee organization's constitution and bylaws. g. 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 organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, ancestry, age, physical disability, or marital status. i. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. In the event that a disinterested third party cannot be agreed upon, the matter of confirmation shall be conducted by the State Conciliation Service. The employee organization seeking to be formally recognized shall bear any and all costs for said confirmation services by either the mutually agreed upon disinterested third party or State Conciliation Service. k. A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. Sec. 4. City Response to Recognition Petition. Upon receipt of the Petition, the Fmployee Relations Officer shall determine whether: a. There has been compliance with the requirements of the Recognition Petition, and b. The proposed representation unit is an appropriate unit in accordance with Sec. 8 of this Article II. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall so inform the petitioning employee organiza- tion, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Sec. 10 of this Resolution. Sec. 5. 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 acknow- ledged 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 fifty (50) percent and otherwise in the same form and manner as set forth in Sec. 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time 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 Sec. 8 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such deter- mination or to appeal such determination ;)ursuant to Sec. 10 of this Article II. Sec. 6. Election Procedure. The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in such election shall be those persons employed in permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date of the election, including 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 acknowl- edged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run -off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run -off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules govt�rning an initial election being applicable to a run -off election. 1 There shall be no more than one valid election under this Resolution pursuant to any petition in a 12 -month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the State Conciliation Service. Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot. Sec. 7. Procedure for Decertification of Exclusively Recognized Employee Organization. A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an estab- lished 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 (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by one or more employees, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signa- tory under penalty of perjury to be true, correct and complete: a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as the repre- sentative of that unit. c. An allegation that the incumbent Exclusively Recognized Employee Organiza- tion no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. d. Proof of employee support that at least fifty (50) percent 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 disinter- ested third party within the time limits specified in the first paragraph of this Section. In the event that a disinterested third party cannot be agreed upon, the matter of confirmation shall be conducted by the State Conciliation Service. The employees or employee organization filing the decertification petition shall bear any and all costs for said confirmation services by either the mutually agreed upon disinterested third party or State Conciliation Service. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least fifty (50) percent that includes the allegation and information required under paragraph (c.) of this Section 7, and otherwise conforms to the requirements of Section 3 of this Article. The Employee Relations Officer sha11 initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his determination is in the negative, he shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains u,ichanged, shall return such Petition 1 I to the employees or employee organization with a statement of the reasons therefor in writing. The petitioning employees or employee organization may appeal such determination in accordance with Sec. 10 of this Article I1. If the determination of the Employee Relations Officer is in the affirmative, or if his negative deter- mination is reversed on appeal, he 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 on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recogni- tion Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 6 of this Article II. During the "open period" specified in the first paragraph of this Sec. 7, the Employee Relations Officer may on his /her own motion, when he /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 he /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 Sec. 7, which the Employee Relations Officer shall act on in accordance with this Sec. 7. If, pursuant to this Sec. 7, 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. Sec. 8. Policy and Standards for Determination of Appropriate Units. The policy objectives in determining 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 community of interest. Factors to be considered shall be: a. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. b. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. C. Consistency with the organizational patterns of the City. d. Number of employees and classifications, and the effect on the administra- tion of employer- employee relations created by the fragmentation of classifications and proliferation of units. e. 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. -6- Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in establishing appropriate units here- under, and therefore managerial, supervisory and confidential employee may only be included in a unit consisting solely of managerial, supervisory or confidential employees, respectively, or in a unit consisting of all three (3) that does not include non - managerial, non - supervisory and non - confidential employees. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees. 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. Sec. 9. Procedure for Modification of Established Appropriate Units. Requests by employee organizations for modifications of established appro- priate units may be considered by the Employee Relations Officer only during the period specified in Sec. 7 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Sec. 3 of this Article, 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 Sec. 8 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II. The Employee Relations Officer may on his /her own motion propose during the period specified in Sec. 7 of this Article that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modifica- tion(s), 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 Sec. 8 of this Article II, 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 10 of this Article. If a unit is modified pursuant to the motion of the Employee Relationss Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof. Sec. 10 Appeals. An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer for professional employees may, within ten (10) days of notice thereof, request the intervention of the California State Conciliation Service pursuant to Government Code Section 3507.3 or may, in lieu thereof or thereafter appeal such determination to the City Council for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination or the termination of proceedings pursuant to Government Code Section 3507.3, whichever is later. An employee organization aggrieved by any determination of the Employee Relations Officer (Sec. 8) for other than professional employees may appeal such determination to the City Council for final decision within fifteen (15) days of notice or the Employee Relations Officer's determination. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Sec. 31; Challenging Petition (Sec. 5) or -7- I i Decertification of Recognition Petition (Sec.7) -- or employees aggrieved by a determination of the Employee Relation's Officer that a Decertification Petition (Sec. 7) -- has not been filed in compliance with the applicable provisions of this Article 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 Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the City Council determining the substance of the dispute shall be final and binding. Article III -- Administration Sec. 11. Submission of Current Information by Recognized Employee Organiza- tions. All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items (a.) through (h.) of its Recognition Petition under Sec. 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. Sec. 12. Payroll Deductions on Behalf of Employee Organizations. Upon formal acknowledgment by the City of an Exclusively Recognized Employee Organization under this Resolution, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by the Exclusively Recognized Employee Organization on forms provided therefor by the City. The providing of such service to the Exclusively Recognized Employee Organization by the City shall be contingent upon and in accordance with the provisions of Memoranda of Understanding. Sec. 13. Employee Organizations Activities -- Use of City Resources. 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 Understand- ing and /or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer - employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization and holding of meetings and elections, and shall not interfere with the efficiency, safety and security of City operations.. Sec. 24. Administrative Rules and Procedures. The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations. Article IV -- Impasse Procedures Sec. 15. Initiation of Impasse Procedures. IF= If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: a. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Sec. 16. Impasse Procedures. Impasse procedures are as follows: a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to medition. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. b. If the parties did not agree on mediation or the selection of a mediator, or having so agreed, the impasse has not been resolved, the City Council may take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding. Sec. 17. Costs of Impasse Procedures. The costs for the services of a mediator utilized by the parties, and other mutually incurred costs of mediation shall be borne equally by the City and Exclu- sively Recognized Employee Organization. Article V -- Miscellaneous Provisions Sec. 18. Construction. This Resolution Shall be administered and construed as follows: a. Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representa- tive of the City, the rights, powers and authority granted by Federal or State law. b. This Resolution shall be interpreted so as to carry out its purposes as set forth in Article I. C. Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organi- zations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive State statute. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be permanently replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may therebv forfeit any rights accorded them under City law or contract. Sec. 19. Severability. If any provision of this Resolution, or the application of such provision to any persons or circumstance, sha Me held invalid, the remainder of this Resolution, i or the application of such provsion "�Co persons or curcumstances other than those as to which it is held invlaid, shall not be affected thereby. Approved: 4 -15 -87 M