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HomeMy WebLinkAbout93-038 CC Resolution RESOLUTION NO. 93-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA IMPLEMENTING AN EMPLOYER-EMPLOYEE ORGANIZATIONS RELATIONS POLICY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Article I - General Provisions. Section 1. Statement of Pu=se. 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 system, or which provide for other methods of administering employer-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 preempted by Federal or State law. However nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: the right to determine its organization; direct the work of its employees; determine the times and hours of operation; determine the level, means, and kinds of services to be provided; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required; contract out work, transfer work out of the unit; maintain the efficiency of City operations; build, move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; and take action on any matter in the event of an emergency. In addition, the City Manager retains the right to hire, classify, assign, evaluate, promote, terminate and discipline employees. Section 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, established pursuant to Article 11 hereof. Resos 93-38 B. City - means the City of Temecula, 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 administration 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 counter proposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article V hereof. E.Day - means calendar day unless expressly stated otherwise. F.Discipline - means any action taken by the City against employees to correct inappropriatebehavior or actions relating to the work relationship, i.e., counseling, reprimands, suspensions,demotions, terminations, etc. G.Employee - Any person regularly employed by the City, except those persons elected by popular vote. H. Employee Relations Officer - means the City Manager or his duly authorized representative. I.Employee Representative - The authorized representative of a recognized employee organization. J. Impasse - means the City bargaining representative and the authorized bargaining representative of a recognized employee organization have been unable to reach agreement concerning a subject over which they are required to meet and confer, and the last best offer of each party has been rejected. K. Management Employee - means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs. L. Meet and Confer - The mutual obligation of the city and the recognized employee association to promptly meet and confer, upon the request of the other party, for a reasonable period of time in order to freely exchange information, opinion, and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the city. Resos 93-38 2 M.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, or (3) employee dues deduction authorization, using the payroll register for the period immediately 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. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within sixty (60) days prior to the filing of a petition. N. 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. 0. Supervisory Employee - means any employee having authority, in the interest of the City, to make recommendations to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsible 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. P. Scope of Representation - All matters relating to employment conditions and employer-employee relations including, but not limited to wages, hours, and other terms and conditions of employment; except, however, that the Scope of Representation shall not include consideration of activity provided by law or executive order. Q. Ratification - The adoption of the Memorandum of Understanding as a binding agreement upon the parties by a majority vote of the City Council and the Employee Organization. Article 11 - Roresentation ProceedinEs. Section 3. Filing of Recognition Petition by Eml2loyee Organization. An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: A.Name and address of the employee organization. B. Names and titles of its officers. Resos 93-38 3 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 addresses 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, age, or physical disability. 1.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 at least thirty (30) percent 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. 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 pe@ury, by the duly authorized officer(s) of the employee organization executing it. Section 4. City Reaponse to Recognition Petition. Upon receipt of the Petition, the Employee Relations Officer shall determine whether: A.There has been compliance with the requirements of the Recognition Petition, and B. The proposed representation unit is an appropriate unit in accordance with Section 8of this Arficle II. Resos 93-38 4 regarding matters within the scope of representation, including, but not limited to wages, hours and other terms and conditions of employment. The city shall not be required to so meet and confer on the following matters: A.Any subject preempted by federal or state law. B.Any of the matters that are management rights, as stated in Section 1. C. Any amendments or proposed amendments to this Resolution. Where a recognized employee organization desires to meet with the City through its representatives on matters within the scope of representation, said organization shall make a request in writing and specify the subjects to be discussed. The recognized employee organization shall submit all requests which it intends to have considered for the budget for next fiscal year, by the fifteenth day of February immediately preceding the commencement of said fiscal year, provided that such requests may be changed during the meeting and conferring process, so long as the total cost of the requests made does not exceed the cost of the requests made as of said fifteenth day of February. The City shall schedule a meeting, to be held within thirty (30) days of the employee organization's submission of proposals, at a time and place mutually satisfactory to the parties involved to respond to such requests. Where the City proposes to take action on matters within the scope of representation, whether such action be by ordinance, resolution, rule or regulation, reasonable written notice shall be given to each recognized employee organization affected thereby, and each shall be given the opportunity to meet with the City through its representatives, prior to the adoption of same. In cases of emergency, when the City Council of the City of Temecula determines that an ordinance, rule, resolution or regulation must be adopted immediately, without prior notice or meeting with any recognized employee organization, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of same. 'Upon a reasonable notice by the City, the employee representatives of recognized employee organizations shall be required to meet and confer in good faith jointly with the City's representatives when requested to do so by the Municipal Employee Relations Representative. The meeting and conferring process, including impasse procedures, must be completed within ninety (90) days after receipt of the written request or written notice provided for above, unless extended by mutual agreement between the City and the recognized employee organization. In the event the City gives notice to meet and confer, pursuant to the above, the City may specify in said notice a shorter period of time, but no less than thirty (30) days, within which the meeting and conferring process, including impasse procedures, must be completed; provided further that the recognized employee organization shall be deemed conclusively to have waived any rights to meet and confer as to any matter so noticed by the City if, within seven (7) days after receipt of said notice, said employee organization fails to deliver to the City a written request for a meeting. Resos 93-38 10 If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit, 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 therefor in writing. The petitioning employee organization may appeal such determination in accordance with Section 10 of this Resolution. Section 5. Ol&n Period for Filin2 Challenizing- 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, an 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 (30) percent and otherwise in the same form and manner as set forth in Section 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 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 Section 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 determination or to appeal such determination pursuant to Section 10 of this Article 11. Section 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 organizations), 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 regular permanent 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 date the election commences, 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 acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election and at least a majority of the employees in the appropriate unit have voted 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 Resos 93-38 5 election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election. T'here 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 Services. Cost of conducting elections shall be bome in equal shares by the City and by each employee organization appearing on the ballot. Section 7. Procedure for Decertification of Exclusively ReCoRnized Eml2loy?& Or2anization. A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the "open period" in the month of February of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred fifty (150) 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 two or more employees or their representative, or an employee organization, and shall contain the following information and documentation, declared by the duly authorized signatory under penalty or pe@ury to be true, correct and complete: A .The name, address and telephone number of the petitioner and a designated representativeauthorized to receive notices or requests for further information. B.The name of the established appropriate unit of the incumbent Exclusive Recognized Organization sought to be decertified as the representative of that unit. C . An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. D.Proof of employee support of at least thirty (30) percent of the employees in the establishedappropriate unit, no longer desire to be represented by the incumbent Exclusively RecognizedEmployee Organization. Such proof shall be submitted for confirmation to Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent that includes the allegation and Resos 93-38 6 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 shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article 11. If this determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition 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 Section 10 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his/her negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization 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 Recognized Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 6 of this Article 11. During the "open period" specified in the first paragraph of this Section 7, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees are no longer 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 Section 7, which the Employee Relations Officer shall act on in accordance with this Section 7. If, pursuant to this Section 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. Section 8. Policy and Standards for Determination of APProl2riate 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 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. Resos 93-38 7 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 administration 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. Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defined in Section 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore managerial, supervisory and/or confidential employees may be included in a unit consisting solely of managerial, supervisory or confidential employees respectively. Managerial, supervisory and confidential employees may not represent or participate in any employee organization which represents other employees. The Employee Relations Officer shall allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provision of this Section. Section 9. 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 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 Section 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 Section 8 hereol The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 8 of this Article II, and shall give written notice of such determination to the affected employee organization. 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 Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Section 3 hereof. Resos 93-38 8 Section 10. A@s. An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Article 11 may, appeal such determination to the City Council for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 3); Challenging Petition (Section 5) or Decertification of Recognition Petition (Section 7) or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 7) has not been filed in compliance with the applicable provision of this Article may, within fifteen (15) days 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 for advisory recommendations. 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. Article III - Administration. Section 11. Submission of Current Information by Recognized Employee Organizations. 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 Section 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. Section 12. Employee OrF!anization Activities-Use of Ciiy 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 Understanding 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 meetings and elections, and shall not interfere with the efficiency, safety and security of City operations. Section 13. 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 - Meetini! and ConferrinE. Section 14. Meet and Confer. The City, through its representatives, shall meet and confer in good faith with employee representatives of any recognized employee organization Resos 93-38 9 If agreement is reached by the representatives of the City and the recognized employee organization, all agreed matters shall be incorporated as joint recommendations to the City Council in a written Memorandum of Understanding signed by the Municipal Employee Relations Representative or his/her designee, and the duly authorized employee representatives. Said Memorandum of Understanding shall not be binding, but said joint recommendation shall be submitted to the City Council for its determination. The Memorandum of Understanding will become binding upon the parties after ratification by the Employee Organization and the City Council. Article V - Impasse Procedures. Section 15. Initiation of Iml2asse Procedures. If the meet and confer process has reached impasse, as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of this 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. Section 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 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. B. If the parties fail to agree to submit the dispute to mediation or fail to agree on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen (15) days after the mediator commenced meeting with the parties, the parties may agree to submit the impasse to other procedures as may be mutually agreed upon. If the parties did not agree on mediation or some other mutually agreed upon procedure, 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. Section 17. Costs of Impasse Procedures. The costs for the services of a mediator and other mutually incurred costs shall be bome equally by the City and Exclusively Recognized Employee Organization. Resos 93-38 Article VI - Miscellaneous Provisions. Section 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 representative 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 1. C. Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, 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 parfial stoppage or slowdown of work. In the event of an illegal strike, work stoppage, slowdown, sickout or other concerted refusal to work by employees, the City may employ any lawful remedies or disciplinary actions against both the employee organization and the employees engaging in the illegal work action. Section 19. Severability. If any provision of this Resolution, or the application of such provision to any persons or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Section 20. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this llth day of May, 1993. ATTEST: J. S fioz, Mayo4@ J ne Greek, City R@ 93-38 12 STATE OF CALIFORNIIA) COUNTY OF RI[VERSIODE) SS CrrY OF TEMIECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 1 1 th day of May, 1993 by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Muiloz NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Birdsall Greek, City C e Resos 93-38 13