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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 10584 ENTITLED IN PART "A RESOLUTION ...
ESTABLISHING ... EMPLOYER-EMPLOYEE RELATIONS. . ."; AND
ELIMINATING PROVISIONS FOR INFORMAL RECOGNITION AND PROVIDING
FOR EXCLUSIVE RECOGNITION.
II BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
II CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
Resolution No. 10584 Section 3 Subsection (A)
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(2)
is hereby amended to read as follows:
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" (2)
CITY CLERK, CITY ADMINISTRATOR AND PERSONNEL DIRECTO
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also mean the officers of the Board of Trustees of the Free Publi
I, Library performing similar duties for such boards."
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SECTION 2.
Resolution No. 10584 Section 3 Subsection (F)
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is hereby amended to read as follows:
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" (F)
EMPLOYEE, MANAGEMENT - means any employee having
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significant responsibilities for formulating and administering
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City policies and programs, including, but not limited to,
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department heads, assistant department heads, directors,
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division heads, and any employee having authority in the interest
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of the employer to exercise independent judgment to hire,
transfer, suspend, layoff, promote, discharge, reward or
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discipline other employees or having the responsibility to
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independently direct them by the exercise of discretion, or to
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adjust their grievances, or effectively to recommend such action,
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if in connection with the foregoing the exercise of such authorit
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is not merely of a routine or clerical nature, but requires the
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use of independent judgmen~"
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SECTION 3. Resolution No. 10584 Section 3 Subsection (H)
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is hereby amended to read as follows:
"(H) EMPLOYEE ORG~~IZATION - means any organization which
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includes employees of the City and which has as one of its
primary purposes representing such employees in their employment
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relations with the City."
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SECTION 4. Resolution No. 10584 Section 3 Subsection (P)
5 (2) is hereby amended to read as follows:
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"(2) Exclusive recognition of formally recognized
7 employee organizations if employees of an appropriate unit have
8 affirmatively voted for exclusive recognition for those
9 organizations. Such exclusive recognition shall include the
right to meet and confer in good faith as the exclusive
representative of an appropriate unit."
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assistants
SECTION 5.
Resolution No. 10584 Section 6 Subsection (C)
is hereby amended to read as follows:
" (C)
The designated City Representative, or such
as he may designate from time to time, shall meet and confer in
good faith with representatives of formally recognized employee
organization(s) on salary or salary-related or hours and other
terms and conditions of employment within the scope of represen-
19 tation. Such meetings shall be conducted according to a pre-
20 determined and agreed upon schedule during the initial stages of
21 the preparation of the Preliminary Budget for the ensuing fiscal
22 year."
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SECTION 6. Resolution No. 10584 Section 6 Subsection (D)
24 is hereby amended to read as follows:
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"(D) The City shall make available to formally recognized
26 employee organizations, upon request, such non-confidential
27 information pertaining to employment relations as is contained in
28 the public records of the City subject to the limitations and
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1 conditions set forth in this resolution and Government Code
2 Section 6250-6260. Such information shall be made available
3 during regular office hours in accordance with the City's rules
4 and procedures for making public documents available and after
5 payment of established costs or fees, where applicable. Nothing
6 in this resolution shall be construed as requiring the City to
7 perform hereunder in a manner which exceeds the legal require-
8 ments normally rendered for any person inspecting or obtaining
9 copies of public records."
10 SECTION 7. Resolution No. 10584 Section 6 Subsection (E)
11 is hereby amended to read as follows:
12 "(E) Formally recognized employee organizations shall
13 submit to the City in writing, a description of requested changes
14 to wages, hours and other terms and conditions of emploT<uent in
15 sufficient detail to be understandably considered. Effective in
16 calendar year 1972, requests, including supporting data shall be
17 submitted no ,later than the last working day in February. If
18 submitted later, such requests will not be considered for the
19 ensuing fiscal year."
20 SECTION 8. Resolution No. 10584 Section 6 Subsection (F)
21 is hereby amended to read as follows:
22 "(F) The formally recognized employee organization may be
23 represented at scheduled meet and confer sessions with City
24 representatives by not more than five (5) City employees and
25 three (3) non-employee members of the formally recognized employe
26 organization, with an equal number for management. The recorder
27 shall not be considered a representative hereunder."
28 SECTION 9. Resolution No. 10584 Section 6 Subsection (G)
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"(G) The formally recognized employee organization shall,
whenever practical, submit the names of the employee members to
the Designated City Representative at least two (2) working days
5 prior to such meetings. No employee representative shall leave
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his or her duty or work station or assignment for scheduled
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meeting and conferring without specific approval of the
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Department Head or Designated City Representative."
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SECTION 10. Resolution No. 10584 Section 7 is hereby
10 amended to read as follows:
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"Section 7. Consultation in Good Faith-Scope
All matters affecting employer-employee relations are
13 subject to consultation. The City, through its representatives,
14 may consult in good faith with representatives of all formally
15 recognized employee organizations on employer-employee matters
16 which affect them."
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SECTION 11. Resolution No. 10584 Section 8 is hereby
18 amended to read as follows:
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"Section 8, Advance Notice
20 Except in cases of emergency as provided herein, reason-
21 able written notice shall be given to each formally recognized
22 employee organization affected by any ordinance, rule, resolution,
23 or regulation directly relating to matters within the scope of
24 representation proposed to be adopted by the Mayor and Common
25 Councilor by any board or commission of the City, and each shall
26 be given the opportunity to meet with the governing body of such
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board or commission prior to the adoption of such ordinance,
rule, resolution or regulation.
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In cases of emergency when the City or any board or
commission of the City determines that an ordinance, rule,
resolution or regulation must be adopted immediately without
prior notice or meeting with a formally recognized employee
organization, the City or such board or commission of the City
shall provide such notice and opportunity to meet at the earliest
practicable time following the adoption of such ordinance, rule,
regulation or resolution."
SECTION 12. Resolution No. 10584 Section 9 is hereby
amended to read as follows:
"Section 9. Petition for Recognition
The recognition requirements of employee organizations
are set forth below:
(A) FORMAL RECOGNITION -- THE RIGHT TO MEET AND CONFER
IN GOOD FAITH AS MAJORITY REPRESENTATIVE: An employee organiza-
tion that seeks formal recognition for purposes of meeting and
conferring in good faith as the majority representative of
employees in an appropriate unit shall file a petition with the
designated City Representative containing the following infor-
mation 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 affiliated directly or
indirectly in any manner with, a regional or state,
or national or international organization, and, if
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so, the name and address of each such regional,
state, national, or international organization.
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(6) Certified copies of the employee organization's
constitution and by-laws.
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(7) A designation of those persons, not exceeding two
in number, and their addresses, to whom notice sent
by regular United States mail will be deemed
sufficient notice on the employee organization for
any purpose.
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(8) A statement that the employee organization recognizes
that the provisions of Section 923 of the Labor
Code are not applicable to City employees.
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(9) A statement that the employee organization has no
restriction on membership based on race, color,
creed, sex or national origin.
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(10) The job classifications or titles of employees in the
unit claimed to be appropriate and the approximate
number of member employees therein.
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(11) A statement that the employee organization has in its
possession written proof, dated within six months of
the date upon which the petition is filed, to
establish that employees in the unit claimed to be
appropriate have designated the employee organization
to represent them in their employment relations with
the City. Such written proof shall be submitted for
confirmation to the designated City Representative
or to a mutually agreed upon disinterested third
party.
(12) A request that the Mayor and Common Council recognize
the employee organization as the majority representa-
tive 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.
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(B) The petition, including all accompanying documents,
23 shall be executed by and verified through the personal knowledge
24 of the executive officer and secretary of the organization. The
25 foregoing information in the petition shall be kept current by
26 such organization and any changes in such information shall be
27 filed forthwith in like manner.
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(C) The Mayor and Common Council may grant formal
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1 recognition to, and may direct the designated City Representative
2 to grant recognition to, all employee organizations which have
3 complied and which continue to comply with Section 9."
SECTION 13. Resolution No. 10584 Section 10 is hereby
5 amended to read as follows:
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"Section 10. Criteria for Recognition in an Appropriate
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(Al The designated City Representative, after reviewing
9 the petition filed by an employee organization seeking formal
10 recognition as a majority representative shall recommend to the
11 Mayor and Common Council whether there is a community of interest
12 among the units or employees of such organization. The following
13 factors, among others, are to be considered in making such
14 recommendation:
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1. Which unit or employee organization will assure
employees the fullest freedom in the exercise of
rights set forth under this Resolution.
2. The history of the unit or employee organization
in representing employees.
3. The effect of the unit or employee organization on
the efficient operation of the City and sound
employer-employee relations.
4. The extent to which the employees have common
responsibilities.
5. The effect on the existing classification structure
of dividing a single classification among two or more
units or employee organizations provided, however,
that no unit shall be established on the sole basis
of the extent to which employees in the proposed
unit have been previously organized.
(Bl In recognition of employee organizations:
1. Professional employees shall not be denied the
right to be represented separately from non-
professional employees; and
2. Management and confidential employees who are included
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in the same unit with non-management or non-confidenti 1
employees may not represent such employees on matters
within the scope of representation.
SECTION 14. Resolution No. 10584 Section 11 is hereby
amended to read as follows:
"Section 11. Recognition of Employee Organizations as
Majority Representative
(A) Formal Recognition
(1) The designated City Representative shall:
(a) Determine the majority representative of
City Employees in an appropriate unit by arranging for a
secret ballot election or by any other reasonable method
which is based upon written proof, and is designed to
ascertain the free choice of a majority of such employees.
The employee organization found to represent a majority
of the employees in an appropriate unit shall be granted
formal recognition and is the only employee organization
entitled to meet and confer in good faith on matters
within the scope of representation for employees in such
unit. This shall not preclude individual employees from
consulting with management representatives on employer-
employee relations matters of concern to them.
(b) The employee organization which is chosen
by the majority of the employees in an appropriate unit
shall be granted recognition as the exclusive
representative of that unit, if such recognition was
included on the ballot, and is the only employee
organization entitled to meet and confer in good faith on
matters within the scope of representation for employees
in that unit. This shall not preclude individual
employees from consulting with management representatives
on employer-employee relations on matters of concern to
them.
(c) Revoke the recognition rights of a majority
representative, which has been found by secret ballot
election no longer to be the majority representative.
(B) The recognition rights designated in this section
shall not be subject to challenge for a period of twelve (12)
months following the date of such recognition. Such challenge
shall be filed only during the first week of October after the
expiration of the twelve month period."
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SECTION 15. Resolution No. 10584 Section 13 Subsection
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(A) is hereby amended to read as follows:
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" (A) MEDIATION (OR CONCILIATION)
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All mediation proceedings shall be private. The Mediator shall
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make no public recommendations nor take any public position
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concerning the issues. The Mediator(s) shall be chosen by
mutual agreement of the representatives of the City and employee
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organizations. If mutual agreement is not reached, the Mediator
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shall be chosen by the California State conciliation Service."
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
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.~~ meeting thereof,
;/ a~e~~ ,1977, by the
held
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Bernardino at a
on the c2 0 'HI day of
14 following vote, to wit:
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Councilmen ~ ~~~~~
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AYES:
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NAYS:
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ABSENT:
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"cfi'i 2'r~
approved this ~~~4
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The foregoing resolution is hereby
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day of
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Approved, as to form: )
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FILED
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