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HomeMy WebLinkAbout10585 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 , RESOLUTION NO. /dc;,y:S- , A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ADOPTING RULES AND REGUlATIONS RELATING TO EMPLOYER-EMPLOYEE RElATIONS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOlLOWS: SECTION 1. Those certain rules and regulations entitled "City of San Bernardino Employer-Employee Rules and Regulations" Chapter 1 through 13, inclusive, a copy of which are attached hereto, marked Exhibit "A" and incorporated herein as fully as though set forth at length, are hereby adopted. I HEREBY CERTIFY that the foregoing resolutiDn was duly adopted by the 3 4 5 6 7 nardino at 1YJ. ~ day of vote, to wit: AYES: NOES: ABSENT: and COllDIlon Council of the City of San Ber- / eting thereof, held on the , 19~, by the following L_--' n '",- " /' resolution is hereby approve (Yd day of , 191-/-. Approved as to form: rZttr iiMJ C ~ty t orney / (P) F~LED JAN 1 Q E)f! ~~,;(:~;:/ " II Ii I I I 1 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 31 32 CITY OF SAN BERNARDINO, CALIFORNIA RULES AND REGULATIONS IMPLEMENTING EMPLOYER-EMPLOYEE RELATIONS SECTION 1. STATEMENT OF PURPOSE The purpose of these rules and regulations is to implement the Employer-Employee Relations Resolution (Hereinafter referred to as the "Resolution") and also Chapter 10, Division ~, Title 1 of the Government Code of the State of California (Sections 3500, et. seq.). SECTION 2. DEFINITIONS The terms used in these rules and regulations which are defined in Section 3 of the Resolution shall have the same meaning as set forth therein. SECTION 3. RULE 1 - REPRESENTATION PROCEEDINGS (A) FORMAL RECOGNITION AS THE MAJORITY REPRESENTATIVE IN AN APPROPRIATE UNIT (1) An employee organization that seeks formal recogni- tion as the majority representative in an appropri- ate unit shall file a Petition for Recognition with the designated City Representative containing all of the information set forth in Section 9 (A) of the Resolution, accompanied by written proof that at least 30% of the employees in the unit claimed to be appropriate have designated the employee organizatio to represent them in their employment relations with the City; provided, however, the employee organiza- tion may request that such written proof be submitte to a mutually agreed upon disinterested third party. Upon'receipt of the Petition for Recognition, the designated City Representative shall determine whether: (i) There has been compliance with the requirement of the Petition for Recognition, and (ii) The proposed unit is an appropriate unit. If an affirmative determination is made by the designated City Representative on the fore- going two matters, he shall give notice of sue request for formal recognition to the employee in the unit and shall take no action on said request for 30 days thereafter; if either of the foregoing matters are not affirmatively determined, the designated City Representative shall inform the employee organization of the reasons therefor in writing. (2) Within 30 days of the date notice to employees is given, any other employee organization (hereinafter referred to as the "challenging organization") may seek formal recognition in an overlapping unit by filing a Petition for Recognition, provided, however such challenging organization must submit written proof that it represents at least 30% of the em- ployees in such unit. Ii 1 The designated City Representative shall hold a hearing on such overlapping Petitions, at which time all affected employee organizations shall be heard. Thereafter, the designated City Representa- tive shall determine the appropriate unit or units as between such proposed overlapping units in accordance with the criteria set forth in Section 10 of the Resolution. 2 3 4 5 8 (3) If the written proof submitted by the employee organization in the unit found to be appropriate establishes that it represents more than 50% of the employees in such unit, the Mayor and Common Council may, in their discretion, grant formal recognition to such employee organization without a secret ballot election. 6 7 9 10 11 12 13 (4) When an employee organization in the unit found to be appropriate submits written proof that it represents at least 30% of the employees in such unit, and it does not qualify for or has not been granted recogni- tion pursuant to Sub-Section 3 above, the designated City Representative shall arrange for a secret ballot election to be conducted by the California State Conciliation Service, the American Arbitration Assn., or some agreed upon third party. All challen- ging organizations who have submitted written proof that they represent at least 10% of the employees in the unit found to be appropriate, and have submitted a Petition for Recognition as required by Section 9 of the Resolution, shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons regularly employed in permanent positions within the unit who were employed during the pay period immediately prior to the date which is 15 days before the election, including those who did not work during such period because of illness, vacation or 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 granted formal recognition following an election or run-off election if: (i) that employee organization has received the vote of a numerical majority of all the employees eligible to vote in the unit in which the election is held (i.e., 50% plus 1 of the votes of all eligible employees), or (ii) at least 60% of the total number of employees in the unit eligible to vote have voted in the election or run-off election, and an employee organ- ization receives a numerical majority of all votes cast in the election (i.e., 50% of the votes cast plus 1). (for example: If 100 employees are eligible to vote in an election, but only 59 actually vote, an employe organization must obtain 51 votes for formal recogni- tion. If 90 employees vote, an employee organiza- tion must receive at least 46 votes for formal recog- nition). If less than 60% of eligible employees have voted, another election will be scheduled within 90 days. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2 3 4 5 6 (B) 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 (iii) 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 con- ducted between the two choices receiving the largest number of valid votes cast. The rules governing an initial election shall also apply to a run-off election. (5) There shall be no more than one valid election In a 12 month period within the same unit. DECERTIFICATION OF ESTABLISHED UNIT (1) A Petition for decertification alleging that an employee organization granted formal recognition is no longer the majority representative of the em- ployees in an appropriate unit may be filed with the Designated City Representative only during the period from 90 days to 30 days before the full year of formal recognition expires. (e.g. for an organization granted formal recognition on March 1, 1971 a Petition of Decertification could be filed from December 1, 1971 to January 29, 1972). The Petition for Decertification may be filed by an employee, a group of employees, or their represent- ative, or an employee organization. The Petition, including all accompanying documents, shall be verified, under oath, by the person signing it, that its contents are true. It may be accompanied by a Petition for Recognition by a challenging or- ganization. The Petition for Decertification shall contain the following information: (i) The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. (ii) The name of the formally recognized employee organization. (iii) An allegation that the formally recognized employee organization no longer represents a majority of the employees in the appropri- ate unit, and any other relevant and material facts. (iv) Written proof that at least 30% of the em- ployees in the unit do not desire to be re- presented by the formally recognized employee organization. Such written proof shall be dated within six months of the date upon which the petition is filed and shall be submitted for confirmation to the Designated City Rep- resentative or to a mutually agreed upon dis- interested third party. (2) The Designated City Representative shall arrange for a secret ballot election to determine if the formally recognized employee organization shall retain its recognition rights. The formally rec- ognized employee organization shall be decertified if a majority of those casting valid ballots vote for decertification, under the same rules as in A (4) (i) and (ii). I I 11 (3) There shall be no more than one valid decertifi- cation election in the same unit in any 12 month period. 2 3 (C) DURATION OF FORMAL RECOGNITION 4 When an employee organization has been formally rec- ognized, such recognition shall remain in effect for one year from the date thereof and thereafter until such time as the Designated City Representative shall determine, on the basis of a secret ballot election conducted in accordance with the foregoing rules, that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit or until such time as the unit may be modified as provided in Sub-Section (C). 5 6 7 8 9 (D) COST OF ELECTION PROCEEDINGS 10 11 12 The cost of any election proceeding shall be borne by the employee organization or organizations whose name (s) appear on the ballot. In any election in which an option for "no organization" is included, the City will bear a proportionate share of the cost. (e.g. if three organizations are on the ballot, and a "no organization" box is provided, the City will pay one fourth of the costs. In a run-off election, in which two organizations are listed, the two organizations will share the total cost of the election). 13 14 15 16 17 (E) IMPASSES IN REPRESENTATION PROCEEDINGS Any unresolved complaint by an affected employee or- ganization, advanced in good faith, concerning a de- cision of the Designated City Representative made pursuant to Sub-Sections (A), (B) or (C) above shall be processed in accordance with the procedures set forth in Section 13 of the Resolution. Provided, however, the written request for an impasse meeting, as described in Section 13 of the Resolution, must be filed with the Designated City Representative, or the City Clerk, within 7 days after the affected employee organization first receives notice of the decision upon which its complaint is used, or its complaint will be considered closed and not subject to the impasse procedures or to any other appeal. 18 19 20 21 22 23 24 SECTION 5. 25 RULE 3 - REASONABLE TIME OFF TO MEET AND CONFER 26 27 28 29 A recognized employee organization may select not more than three employee members of such organization to attend scheduled meetings with the Desginated City Representative or other management offi- cials on subjects within the scope of representation during regu- lar work hours without loss of compensation. Where circumstances warrant, the Designated City Representative may approve the atten- dance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee repre- sentatives to the Designated City Representative and the affected department head at least two (2) working days in advance of such meetings. 30 3l 32 I I 1 Except in case of emergencies, the department head shall grant permission for employee representatives to attend meetings with 2 the Designated City Representative. Any such meeting is subject to scheduling by City management in a manner consistent with oper- 3 ating needs and work schedules. 4 SECTION 6. RULE 4 - ACCESS TO WORK LOCATIONS 5 Reasonable access to employee work locations shall be granted offi- cers of recognized employee organizations and their officially de- 6 signated representatives for the purpose of processing grievances or contacting members of the organization concerning business with- 7 in the scope of representation. Such officers or representatives shall not enter any work location without the consent of the de- 8 partment head or the Designated City Representative. Access shall be restricted so as not to interfere with the normal operations of 9 the department or with established safety or security requirements. 10 11 12 13 14 15 16 17 18 19 20 21 Solicitation of membership shall not be conducted during working hours. Activities concerned with the internal management of an employee organization, such as collecting dues, holding membership eetings, campaigning for office, conducting elections and distri- buting literature shall not be conducted during working hours ex- cept as may be approved by the Designated City Representative. Failure to observe these requirements may result in a curtailment of the granting of access to employee work locations. SECTION 7. RULE 5 - USE OF CITY FACILITIES Employee organizations may, with the prior approval of the Desig- ated City Representative, be granted the use of City facilities during non-work hours for meetings of City employees provided space is available, and, provided further, that such meetings are not sed for membership drives of City employees. All such requests shall be in writing and shall state the purpose or purposes of the eeting. The City reserves the right to assess reasonable charges for the use of such facilities. The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards, is strictly prohibited notwithstanding the presence of such equipment in approved City facilities. 22 SECTION 8. RULE 6 - USE OF BULLETIN BOARDS 23 Recognized employee organizations may use portions of City bulletin 24 boards under the following conditions: All materials must receive the approval of the Designated City Representative prior to posting of material on departmental bulletin board. 25 1. 26 27 2. 28 3 . 29 30 31 32 All materials must be dated and must identify the organization that published them. The actual posting of materials may be done by the employee organization as soon as possible after they have been approved. Unless special arrangements are made, materials posted will be removed 31 days after the publication date. Materials which the Designated City Representative considers objectionable will not be posted, provided, however, the Designated City Representative shall first discuss this denial with the em- ployee organization. , I I I 1 i4. I 2 The City reserves the right to determine where bulletin boards shall be placed and which ones or what portions of them are to be allocated to employee organizations' materials. 3 5. An employee organization that does not abide by these rules will forfeit its right to have materials posted on City bulle- 4 tin boards. 5 SECTION 9. RULE 7 - PEACEFUL PERFORMANCE OF CITY SERVICES 6 Participation by any employee in a strike or work stoppage is un- lawful and shall subject the employee to disciplinary action, 7 which may include dismissal from employment. S No employee organization, its representatives, or members shall engage in, cause, instigate, encourage, or condone a strike or 9 work stoppage of any kind. 10 11 12 13 14 15 If a recognized employee organization, its authorized representa- tives, or members on its behalf engage in, cause, instigate, en- courage, or condone a strike or work stoppage of any kind, the Designated City Representative may, in addition to any other law- ful remedies or disciplinary actions, suspend or revoke the recog- nition granted to such employee organization, may suspend or cancel any or all payroll deductions payable to such an organization, and prohibit the use of bulletin boards, prohibit the use of City facilities and prohibit access to former work or duty stations by members of such organization. As used in this Section "strike or work stoppage" means the con- 16 certed failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or 17 part from the full, faithful performance of the duties of employ- ment for the purpose of inducing, influencing, or coercing a lS change in the conditions of compensation, or the rights, privileges or obligations of employment. 19 20 21 22 23 Any decision of the Designated City Representative made under the provisions of this Section may be appealed to the Mayor and Common Council by filing a written Notice of Appeal with the Designated City Representative or the City Clerk, accompanied by a complete statement setting forth all of the grounds upon which the appeal is based. Such Notice of Appeal must be filed within 15 days after the affected employee organization first receives notice of the decision upon which its complaint is based, or its complaint will be considered closed and not subject to any other appeal. 24 25 26 27 28 29 SECTION 10. RULE 8 - GRIEVANCES AND APPEALS PROCEDURE Any grievances, including alleged violation of or complaint aris- ing out of administration of ordinances or regulations dealing with the administration of personnel, salary, or other benefits, any alleged improper treatment of an employee, or any alleged vio- lation of comonly accepted safety practices and procedures shall be considered to be a matter subject to review through the here- inafter prescribed grievance procedure. 1. An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and, if he desires, his designated representative and a supervisor in the employee's chain of command up to and including his division head. Presentation of this grievance shall be made within ten (10) working days of the incident causing the grievance. 30 31 32 I l , I I 11 2 . 21 31 4 5 6 7 3 . 8 9 10 4. 11 If the grievance is not adjusted to the satisfaction of the employee involved within five (5) working days after the pre- sentation of the grievance, the grievance shall be submitted in writing by the employee and/or his designated representative to the department head with a copy thereof to the City Adminis- trator and the Personnel Director within the next ten (10) working days. The department head shall meet with the employee and/or his designated representative within five (5) working days of receipt of the written grievance and shall deliver his answer to the employee within five (5) working days after the meeting, in writing. If the grievance is still not adjusted, or if the parties fail to agree upon a mutually acceptable impasse procedure, after all reasonable means of settlement have been exhausted, the aggrieved parties may file a written appeal to the Mayor and Common Council for final determination. If the grievance involves suspension, reduction in rank or dismissal, appeal may be made to the Civil Service Board In accordance with Section 254 et seq. of the City Charter. 12 SECTION 11 13 The provisions of these rules and regulations shall not supercede the provisions of the Employer-Employee Relations Resolution, 14 the Charter, Ordinances, or Civil Service Rules and Regulations of the City and applicable state laws in the event of conflict 15 therewith. 16 SECTION 12 17 If any provision of these rules and regulations, or the application of such provision to any person or circumstance shall be held in- 18 valid, the remainder of these rules and regulations, or the appli- cation thereof, shall not be affected thereby. 19 20 21 22 23 24 25 26 27 28 29 30 31 32