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HomeMy WebLinkAbout10584 1 2 3 4 5 6 7 8 9 RESOLUTION NO.~~~~ A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING UNIFORM AND ORDERLY METHODS OF COMMUNICATIONS BErWEEN THE CITY AND ITS EMPLOYEES FOR THE PURPOSE OF PROMOTING IMPROVED EMPLOYER-EMPLOYEE RELATIONS. WHEREAS, Chapter 10, Division 4, Title 1 of the Government Code of the State of California was amended effective January 1, 1969, for the purpose of promoting improved employer-employee re- lations between public employers and their employees by establish- ing uniform and orderly methods of communications between employee and the public agencies by which they are employed; and 10 11 12 13 14 15 16 WHEREAS, Government Code Section 3507 empowers a City to adopt reasonable rules and regulations after consultation in good faith with representatives of its employee organizations for the administration of employer-employee relations; and WHEREAS, the City of San Bernardino desires to adopt such reasonable rules and regulations as authorized by law, NOW THEREFORE THE MAYOR AND COMMON COUNCIL OF THE CITY 17 OF SAN BERNARDINO DO HEREBY RESOLVE AS FOLLOWS: 18 Section 1. Title of Resolution 19 This resolution shall be known as the Employer-Employee 20 Relations Resolution of the City of San Bernardino. 21 SECTION 2. Statement of Purpose 22 The purpose of this resolution is to implement Chapter 10, 23 Division 4, Title 1 of the Government Code of the State of 24 California (Sections 3500 et. seq.) captioned "Public Employee 25 Organizations", by providing orderly procedures for the adminis- 26 tration of employer-employee relations between the City and its 27 employee organizations and by promoting full communications be- 28 tween the City and its employees to protect the exercise by its 29 employees of their full freedom of association and self-organiza- 30 tion and designation of representatives of their own choosing by 31 providing a reasonable method for resolving disputes regarding 32 wages, hours, and other terms and conditions of employment. 2 3 I 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 I I I I I i 11 i Nothing contained herein shall be deemed to supersede the pro- visions of state law, the City Charter or any ordinance which establish and regulate the Civil service system or which provide for other methods of administering employer-employee relations. SECTION 3. Definitions As used in this Resolution, the following terms shall have the meanings indicated: (A) CITY - means the City of San Bernardino, a municipal corporation; and where appropriate herein "City" refers to the Mayor and Common Council, the governing body of said City, or any duly authorized management employee as herein defined. (B) CONSULT OR CONSULTATION IN GOOD FAITH - means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions. (C) DESIGNATED CITY REPRESENTATIVE - means the City AdministratQr, or any other City Administrative employee who has been designated by the Mayor and Common Council to meet and confer, or consult, in good faith, as the representative of the Mayor and Common Council, with representatives of recognized employee organizations. (D) EMPLOYEE - means any persons regularly employed by the City except those persons elected by popular vote. (D) EMPLOYEE, CONFIDENTIAL - means any employee who is privy to decisions of City Management affecting employer-employee relations. (F) EMPLOYEE, MANAGEMENT - means any employee having significant responsibilities for formulating and administering City policies and programs, including, but not limited to, de- partment heads, assistant department heads, directors, division heads, and any employee having authority in the interest of the employer to exercise independent judgement to hire, transfer, suspend, layoff, promote, discharge, reward or discipline other 9 10 11 12 13 14 15 16 17 18 1i 21 I I 31 41 51 employees or having the responsibility to independently direct them by the exercise of discretion, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not merely of a routine or clerical nature, but requires the use of independent 6 7 judgement. (G) EMPLOYEE, PROFESSIONAL - means employees engaged 8 in work requiring specialized knowledge and skills attained throug completion of a recognized course of education or instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, accountants, teachers, and various types of physical, chemical and biological scientists and also including firemen and policemen. (H) EMPLOYEE ORGANIZATION - means any organization which includes employees of the City and which has one of its primary purposes representing such employees in their employment relations with the City. (I) EMPLOYER-EMPLOYEE RELATIONS - means the relationship 19 between the City and its employees , or when used in a general 20 sense, the relationship between City management and employees or 21 employee organizations. 22 (J) GRIEVANCE-means any dispute concerning the inter- 23 pretation or application of this resolution, or of ordinances, 24 rules or regulations governing personnel administration, practices 25 or working conditions, or of the practical consequences of a 26 decision as set forth in Section 5 hereof, involving "City 27 Rights," on wages, hours and other terms and conditions of 28 employment. 29 (K) IMPASSE - means (1) a deadlock in the annual (or 30 periodic) discussions between a majority representative and the Ci y 31 over any matters concerning which they are required to meet 32 and confer in good faith, or over the scope of such subject I J 21 matter; or (2) any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of 3 4 5 the designated City Representative made pursuant to Sections 9, 10 or 11 of this Resolution. (L) MAJORITY REPRESENTATIVE - means an employee organi- 6 zation, or its duly authorized representative, that has been 7 granted formal recognition by the Mayor and Common Council as 8 representing the majority of employees in an appropriate unit. 9 (M) MEDIATION OR CONCILIATION - means the efforts of an 10 impartial third person or persons, functioning as intermediaries, 11 to assist in reaching a voluntary resolution of a dispute regard- 12 ing wages, hours and other terms and conditions of employment, 13 between representatives of the City and recognized employee or- 14 ganizations, through interpretation, suggestion and advice. 15 (N) MEET AND CONFER IN GOOD FAITH - (Sometimes referred 16 to herein as "meet and confer" or "meeting and conferring") - 17 means performance by duly authorized representatives of the City 18 and of recognized employee organizations of their mutual obliga- 19 tion to meet at reasonable times and confer in good faith and 20 to fully consider presentations from one another regarding 21 matters within the scope of representation, including wages, hours 22 and other terms and conditions of employment, in an effort to: 23 (1) reach agreement on those matters within the authority of such 24 representatives and (2) reach agreement on what will be recommend- 25 ed to the Mayor and Common Council on those matters within the 26 decision making authority of the Mayor and Common Council. Such 27 representatives are not required to agree to any proposal or to 28 make any concession except as directed by either the governing 29 body of City or the recognized employee organizations which they 31 30 represent. (0) PEACE OFFICER - shall have the meaning set forth in 32 Section 830 of the California Penal Code as it may be applied to personnel in the San Bernardino Police Department. , I 11 I (P) RECOGNIZED EMPLOYEE ORGANIZATION - means an employee 2 organization which has been formally acknowledged by the Mayor 3 and Common Council as a recognized employee organization. This 4 may be: (1) Formal Recognition--which is the right to meet 5 and confer in good faith as the majority representative in an 6 appropriate unit; or 7 (2) Information Recognition--which is the right to 8 consultation in good faith by all recognized employee organization 9 (Q) RECORDER - means a City employee designated by the 10 Mayor and Common Council to record the discussions at meet and 11 confer and consultation meetings; to prepare memoranda of under- 12 standing; to act as a channel of communications between the City 13 and employee organizations; and to prepare pertinent data re- 14 qui red for the meetings. 15 (R) RESOLUTION - means, unless the context indicates 16 otherwise, the Employer-Employee Relations Resolution of the City 17 of San Bernardino. 18 (S) SCOPE OF REPRESENTATION - means all matters relating 19 to the employment conditions and employer-employee relations, in- 20 eluding, but not limited to, wages, hours, and other terms and 21 conditions of employment except, however, that the scope of repre- 22 sentation shall not include consideration of the merits, necessity 23 or organization of any service or activity provided by law or 24 executive order. "City Rights", as set forth in Section 5 hereof, 25 are excluded from the scope of representation. 26 SECTION 4. Employee Rights 27 Employees of the City shall have the right to form, join 28 and participate in the activities of employee organizations of 29 their own choosing for the purpose of representation on all 30 matters of employer-employee relations including but not limited 3l to wages, hours, and other terms and conditions of employment. 32 Employees of the City also shall have the right to refuse to join I Ii ! 1 i or participate in the activities of employee organizations and 2 i shall have the right to represent themselves individually in 3 their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated 4 5 61 7 against by the City or by any employee organizations because of his exercise of these rights. SECTION 5. City Rights. 8 The rights of the City include, but are not limited to, 9 the exclusive right to determine the mission of its constituent 10 departments, commissions and boards, set standards of service, 11 determine the procedures and standards of selection for employ- 12 ment and promotion, direct its employees, take disciplinary 13 action, relieve its employees from duty because of lack of work 14 or for other legitimate reasons, maintain the efficiency of 15 governmental operations; determine the methods, means and person- 16 nel by which government operations are to be conducted; determine 17 the content of job classifications, take all necessary actions to 18 carry out its mission in emergencies, and exercise complete 19 control and discretion over its organization and the technology 20 of performing its work. 21 22 SECTION 6. Meet and Confer in Good Faith. (A) The City, through its representatives, shall meet 23 and confer in good faith with representatives of formally rec- 24 ognized employee organizations regarding matters within the scope f 25 representation including wages, hours and other terms and 26 conditions of employment. 27 (B) The City shall not be required to meet and confer 28 in good faith on any subject preempted by Federal or State Law 29 or by City Charter or ordinance, nor shall it be required to meet 30 and confer in good faith on the validity of "Employee Rights" or 3l "City Rights" as defined in Section 4 and 5 hereof. Proposed 32 amendments to this Resolution are excluded from the meet and con- fer requirements. I I I I ! , 1! I (C) The designated City Representative, or such assist- 2 ants as he may designate from time to time, shall meet and confer 3, in good faith at least annually with representatives of recog- 4 nized employee organization(s) on salary and salary-related and 5 other benefits. Such meetings shall be conducted according to 6 a predetermined and agreed upon schedule during the initial 7 stages of the preparation of the Preliminary Budget for the ensuin 8 fiscal year. 9 (D) The City shall make available to recognized employee 10 organizations, upon request, such non-confidential information 11 pertaining to employment relations as is contained in the public 12 records of the City subject to the limitations and conditions set 13 forth in this resolution and Government Code Section 6250-6260. 14 Such information shall be made available during regular office 15 hours in accordance with the City's rules and procedures for 16 making public documents available and after payment of established 17 costs or fees, where applicable. Nothing in this Resolution shall 18 be construed as requiring the City to perform hereunder in a manne 19 which exceeds the legal requirements normally rendered for any 20 person inspecting or obtaining copies of public records. 21 (E) Recognized employee organizations shall submit to the 22 City, in writing, a description of requested changes to wages, hou s, 23 and other terms and conditions of employment in sufficient detail 24 to be understandably considered. Effective in calendar year 1972, 25 requests, including supporting data shall be submitted no later 26 than the last working day in February. If submitted later, such 27 requests will not be considered for the ensuing fiscal year. 28 (F) Unless other wise mutually agreed to in advance, re- 29 presentatives at meet and confer sessions shall be limited to thre 30 (3) representatives from the City and not more than three (3) City 31 employees among the representatives from each of the recognized 32 employee groups. The recorder shall not be considered a repre- sentative hereunder. 51 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 11 21 3 4 SECTION 7. Consultation in Good Faith-Scope All matters affecting employer-employee relations are subject to consultation. The City, through its representatives, may consult in good faith with representatives of all employee organizations on employer-employee matters which affect them. SECTION 8. Advance Notice Except in cases of emergency as provided herein, reason- able written notice shall be given to each 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 Mayor and Common Councilor by any board or commission of the City, and each shall be given the opportunity to meet with the governing body of such board or commission prior to the adoption of such ordinance, rule, resolution or regulation. 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 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 9. Petition for Recognition 26 formal and informal. The recognition requirements of each are set There are two levels of employee organization Lecognition- 27 forth below. 28 (A) FORMAL RECOGNITION -- THE RIGHT TO MEET AND CONFER 29 IN GOOD FAITH AS MAJORITY REPRESENTATIVE: An employee organiza- 30 tion that seeks formal recognition for purposes of meeting and 31 conferring in good faith as the majority representative of employe s 32 in an appropriate unit shall file a petition with the designated City Representative containing the following information and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28 29 30 1! documentation: , 21 I 3\ 41 I 51 (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. 6 (4) A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the City. I 71 (5) A statement whether the employee organization is a chapter or local of, or affiliated directly or in- directly in any manner with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state, national, or international orqanization. (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 sufficien notice on the employee organization for any purpose. (8) A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to City employees. (9) A statement that the employee organization has no restriction on membership based on race, color, creed, sex or national origin. (10) The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. (II) A statement that the employee organization has in its possession written proof, dated within six months of the date upon which the pe~tition 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. (B) INFORMAL RECOGNITION -- THE RIGHT TO CONSULT IN 31 GOOD FAITH: An employee organization that seeks recognition for 32 purposes of consultation in good faith shall file a petition with I I ' I I If 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3l 32 ~ the designated City Representative containing the following information and documentation: (1) All of the information enumerated in (A) (1) through (9) of this Section inclusive. (2) 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 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 mutally agreed upon disinterested third party. (3) A request that the Mayor and Common Council recognize the employee organization for the purpose of consultation in good faith. (C) The petition, including all accompanying documents, shall be executed by and verified through the personal knowledge of the executive officer and secretary of the organization. The foregoing information in the petition shall be kept current by such organization and any changes in such information shall be filed forthwith in like manner. (D) The Mayor and Common Council may grant recognition to, and may direct the designated City Representative to grant recognition to, all employee organizations which have complied and which continue to comply with Sections 9 (A) or (B) and in addition Section 9 (C) of this resolution. SECTION 10. Criteria for Recognition (A) The designated City Representative, after reviewing t e petition filed by an employee organization seeking formal rec- ognition as a majority representative shall recommend to the Mayor and Common Council whether there is a community of interest among the units or employees of such organization. The following factors, among others, are to be considered in making such recommendation: 1. Which unit or employee organization will assure em- ployees 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. I I f ! I I I 1! , 2! 31 4\ 5i 6 7 8 9 10 11 12 13 14 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 res- ponsibilities. 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. (B) In the 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 in the same unit with non-management or non- confidential employees may not represent such employees on matters within the scope of representation. SECTION 11. Recognition of Employee Organizations as 15 Majority Representative - Formal Recognition 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (A) The designated City Representative shall: (1) Determine the majority representative of City employees in an appropriate unit by arranging for a secret ballot election or by any other reason- able method which is based upon written proof, and is designed to ascertain the free choice of a majorit 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 other recognized employee organizations, or individual employees, from con- sulting with management representatives on employer- employee relations matters of concern to them. (2) 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 of the majority representative designated in accordance with this Section shall not be subject to challenge for a period of not less than twelve months following the date of such recognition. 11 21 31 41 5 6 7 8 9 10 11 SECTION 12. Designation of City Employer-Employee Representative The Mayor and Common Council shall designate, by Resolu- tion, a designated City Representative who shall be the City's principal representative in all matters of employer-employee re- lations, with authority to meet and confer in good faith on mat- ters within the scope of representation including wages, hours and other terms and conditions of employment. The designated City Representative is authorized to dele- gate these duties and responsibilities to his assistants. SECTION 13. Resolution of Impasses 12 Impasse procedures may be invoked only after the possibil- 13 ity of settlement by direct discussion has been exhausted. 14 The impasse procedures are as follows: 15 (A) MEDIATION (OR CONCILIATION) 16 All mediation proceedings shall be private. The Mediator shall 17 make no public recommendations nor take any public position con- 18 cerning the issurs. The Mediator(s) shall be chosen by mutual 19 agreement of the representatives of the City and employee organiz- 20 ations. If mutual agreement is not reached, the Mediator shall be 21 chosen by the California State Conciliation Service. 22 (B) A DETERMINATION BY THE MAYOR AND COMMON COUNCIL 23 after a hearing on the merits of the dispute. 24 (C) Any other dispute resolving procedures to which the 25 parties mutually agree or which the Mayor and Common Council may 26 order. 27 Any party may initiate the impasse procedure by filing 28 with the other party (or parties) affected a written request for 29 an impasse meeting together with a statement of its position on al 30 disputed issues. An impasse meeting may then be scheduled by the 31 designated City Representative forthwith after the date of filing 32 of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is I I I I I I ! ! 1 I twofold: i (1) to permit a review of the position of all parties 2 in a final effort to reach agreement on the disputed issues, and 3 I (2) if agreement is not concluded, to mutually select the specific 4 impasse procedure to which the dispute may be submitted. In the 5 absence of agreement between the parties on this point, the mat- 6 ter may be referred to the Mayor and Common Council. 7 The fees and expenses, if any, of mediators or of any 8 other impasse procedure, shall be payable one-half by the City 9 and one-half by the employee organization or employee organiza- 10 tions. 11 SECTION 14. Grievances 12 Grievances shall be processed in accordance with procedure 13 established by the City. 14 SECTION 15. Memorandum of Understanding 15 When the meeting and conferring process is concluded be- 16 tween the City and a formally recognized employee organization, 17 all agreed upon matters shall be incorporated in a written memo- 18 randum of understanding signed by the duly authorized City and 19 employee representatives. 20 This memorandum of understanding shall be submitted to the 21 Mayor and Common Council for determination. 22 SECTION 16. Rules and Regulations 23 The Mayor and Common Council may adopt any rules and 24 regulations necessary or convenient to implement the provisions 25 of this Resolution and Chapter 10, Division 4, Title I of the 26 Government Code of the State of California (Sections 3500 et. seq.) 27 28 SECTION 17. Construction (A) Nothingin this Resolution shall be construed to deny 29 any person or employee the rights granted by Federal and State 30 laws and City Charter provisions. 31 (B) The rights, powers and authority of the Mayor and 32 Common Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 I I I 1 resolution. 2 (C) The provisions of this Resolution are not intended 3 to conflict with the provisions of Chapter 10, Division 4, Title 4 1 of the Government Code of the State of California (Sections 5 3500, et. seq.) 6 SECTION 18. Separability :\ If any provision of this Resolution, or the application of such provision to any person or circumstance, shall be held In- valid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San , L"'Uc!/z 7/meeting thereof, held on the /liW /": ' ( " Bernardino at a '1 day of 1971, by the to wit: Councilm.e /J ' /,'_." .L/ ". ~ '" , >,) ,/ NOES: //(L-U./ / , -= --" The foregoing resolution is /7~/~ of )./fl'ilJ/fJ 1 Approved as to form: /~-? ',,:~ (---> ,;..c...J!pvy/,/u-,cc-<,.. clty A'i:torney day , 1971. May 30 31 FuL..ED 32 .I.. (l'~'-}'l ::~~d:;~~