HomeMy WebLinkAbout113781
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RESOLUTION NO. &'���
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION NO. 10585; ADOPTING
RULES AND REGULATIONS RELATING TO EMPLOYER -EMPLOYEE RELATIONS;
PROVIDI.NG PROCEDURES AND BALLOT LANGUAGE FOR DECERTIFICATION
OF RECOGNIZED EMPLOYEE ORGANIZATIONS; AND PROVIDING PROCEDURES
FOR THE MODIFICATION OF ESTABLISHED UNITS.
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, California Rules and Regulations Im-
plementing Employer -Employee Relations, Rules 1 through 9, in-
clusive, a copy of which is 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 resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a _�� : meeting thereof, held on the ZA
day of ��1�, 1973, by the following vote, to wit:
AYES: Counci lmen
NAYS
ABSENT: 4 ,L
City Clerk
The foregoing resolution is hereby approved this
day of , 1973.
w
_ r ;fAlfii, City of San Bernardino
Approved as to form: l
— Attorney LUCILI, GOFORTH, CityClerk
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CITY OF SIAI-N BIMITMIDUdO n Cf3.S IFORNTA
R IXtS b. i;;J FO.",' a
xThe� purpose
7 of these rules and rog�uiaj.(t�ions (ices y� to¢. implemant�r-th:�/�
J.,�ir.,pj tSFL^'3'"'Emj),l.oycc— .6Gclat ons 17, s-J. -ioi� (hereinafter nf�t�+g referred 1 1�Q
as tha "Reso' lution") and also Chapter 10, Division 4, Title I
of the Gover.yaz�-_,nt Cade: of the State of California (Sections
3500, et scge)o
y he terms used in said Rules and Re ulations g e,hich are sic:; ir:?d
Ln Section-3 of Resolution T,o. 1,01584, as amanded and retroe�:t i s
rat i f i.ed, me me
shall have the same as are set forth there i rl.
R6JJv3-f 1 " 1L.i:,. PMSENTA ION PROCEEDINGS
(A) FORMAL RECC" NIT ION AS THE MAJORITY REPfiEA ENL TAT IVE
U74 All APPROPRIATE UNIT.
(1) An employee organization that seeks formal
recog,, if�ion as the maioriv�r representative in an
appropriate unit shah. file with the Designated
City Representative, a Petition for necogniti-ca
contau.' Urg all of the information set forth in
Section 9 (A) of Resolution 10534 accompanied b,4
written proof that at leapt 30% of the eraplo yes
in the unit claimead to be appropriate have desig-
nated the employee organization to represent them
in their employment relations with they City;
provided, hvii ever, the employee organization may
reque€ c Lhar such written pcoJf ue a.
mutually agreed upon disinterested third party.
Upon receipt of the Petition for Recognition, the
rv=c -1 "r t-"Md City Represen^ At Ave shall determine
whether:
(a) Where has beencompliance with the require-
ments of the Petition for Recognition, and
(b) The proposed unit is an appropriate unite
if an a.ff ir=t;ve determirzati ca. is =de by
the Designated City Representative on the
foregoing two matters, he shall give notice
of such request for formal recognition to
the ewployees in the unit and shall tales no
action on said request for 30 days there-
after, if either of the foregoing natters
are not a.ff i.r-,► - tively determined, the
Designated City representative shall inform
the employee organization in writing of the
reasons therefor.
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(2) Within 30 days of the date notice to employees is
given, any other employee organization (herein-
after referred to as the "challenging organiza-
tion") may seek formal recognition in an over-
lapping unit by filing a Petition for Recognition;
provided, hoiwever, such challegging organization
must submit written proof that it represents at
least 30% of the employees in such unit.
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 Represen-
tative shall determine the appropriate unit or
gaits as between such proposed averl,appiug ► nits
in accordance with the criteria set forth in
Section 10 of the Resolution.
(3) if � the written proof submitted by the employee
organization it the emit- found to be appropriate
establishes that it represents more than 50% of
the employees in such unit, the Mayor and Comma,
Council may, in their discretion, grant formal
recognition to such employee organization without
a secret ballot election.
(4) ,Then 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 recognition pursuant to Subsection 3
above, the Designated City Representative shall
arrange for a secret ballot election to be con-
ducted by -the California State . Conciliation
agreeduponparty. All challenging organi-
zations 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 Resolutiou, shall Le included on the
ballot. The choice of `�io 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
1.5 days before the election, including those who
did not work during such period because of ill-
ness, 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 organi-
zation shall be granted formal recognition
following an election or -run-off election if:
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(a) That employee organization has received the
voto of a numcr i..cal majority of all l the
erapl.oyees eligible to vote in the wit in
which the election is held (i.e., 50% plus 1
of the votes of all eligible employees); or
(b) 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 organization receives a ntmaserical
majority of all votes cast in the election
(i.e., 50% of the votes east plus 1);
`ate or example: If 100 employees are eligible
to 'vote in an election, arcs but only 59 actually
vote, an employee organization Must obtain
51 Notes for formal recognition. If 90
employees vote, an employee organization must
receive at least 46 votes for formal recog-
nition) . If less than 60% of eligible
employees have voted, pother elections shall
be scat: duffed within 90 daya ;
(c) In an election involving three or more
choices, where none of the choices receives
a majority of the valid votes cast, a run-off
election shall be conducted between the two
choices receiving the largest number of valid
votes cast. The rules governing an initial
election shall also apply to a run-off
election.
(5) Thera shall be no more than one valid election in
P 12 month period within n the. FuqmA unit
(B) 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
employees in an appropriate unit may be filed with
the Designated City Representative only during the
first week in October after one full year of for-
mal recognition expires (e.g., for an organization
granted formal rec ogn it ion on March 1, 1972, a.
Petition of Decertification c ou 1d be filed from
October 1, to October 7, 1973). .The Petition of
Decertification may be filed by an employee, a
group of employees or their representative, or an
employee organizat ion . 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 organi-
zation. The Petition for Decertification shall
contain the following information:
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(a) The naur, address and telephone number of
the petitioner and a designated representa.t iv
authorized to receive notices or requests for
further information;
(b) `rhe raiva of the formally recognized employee
organix..at ion 4
(c) An allegation that the formally recognized
employee organization no longer represents a
majority of the employees in the appropriate
unit, and any other relevant and material
facts 4
(d) Written proof that at least 30% of the
employees in the unit do not desire to be
represented by the formally recognized em-
ployee organization. Such written proof shal
be mated within six arinths of the date upon
which the petition is filed and .shah, be sub-
mitted for confirmation to the Designated
City Representative or to a mutually agreed
upon disinterested third party.
(2) The Designated City Representative shall arrangre for
a secret ballot election to determine if the formally
recognized employee organization shall retain its
recognition rights. The formally recognized employee
organization shall be decertified if a majority of
those casting valid ballots vote for decertification,
evader the samerules as in A (4) (a) and (b).
The Ballot shall read: "I reques t that (name of
c•_rentl.y recognized employee organization) continue
w 1o"ON� of th C94{`-7
sa v�...�. �.!'!?i�.►..�.
"I request that (name of Petitioner for Decertification
represent mv interests as an employee of the City. I
do not wish_
(nacre of currently recognized employee
organization) to represent my interests within the
scope of representation, as an employee of the City.'
(3) The organization -which receives the majority vote shall
be formally recognized as the majority representative
after furnishing the data required by Section 9 (A) (1)
through (10) of resolution No. 10584.
(4) There shall be no more than one valid decertification
election in the same unit in any 12 month period.
(C) MODIFICATION OF ESTABLISIM UNIT
A Petition for modification of an established unit may be
filed by an employee organization with the municipal
Employee Relations Officer during the period for filing a
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Petition for Decertification. The Petition for Modifica-
tion shall contain all of the information set forth in
Section 9 (A) of Resolution i o. W584 along with a state-
ment of all relevant facts in support of the proposed
modified unit. The Petition shall be accompanied by writ-
ten proof that at least 50% of the eakibyees within the
proposed modified unit have designated the employee organi-
zation to represent: them :W their employmnt relations with
the City; provided, havrever, the employee organization may
request that such written proof be submitted to a mutually
agreed upon disinterested third party. The Designated City,
Representative shall hold a hearing on the Petition for
Modification at which time all affected employee organi.-
zatiors sthali be heard. Thereafter, the Designated City
Representrative shall determine the appropriate unit or
units as between the existing unit and the proposed modi-
fied unit. If the Designated City Representative determines
that the proposed modffi.ed unit :is the appropriate umi,t,
then he shalt follacy the procedures set forth La Section 3
(A) of Resolution No. 10585 for determining formal, recog-
nition rights in such unit of the employee organization.
(D) DURATION CP FORMAL RECOGNITION
When an employee organization has been formally recognized,
such recognition shall remain in effect for one year from
the date thereof and thereafter until such time as the
Designated City Representative .shall de.termi..ne Q .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 is provided in S ubsect ion (C )
efir % hAhaat 0— — Tfw� w�..
`L f %#V*J 1 Us 4i-A 4 1. �i1�Y �C raw �r�is ilr4P,a
The cost of any election proceeding shall be borne by :he
emol,ovee organ izat ion or organizations wboate name to 1 apoear
on the ballot. In any election in which an option for �`no
organ i..zat i ons' is included, the City will bear a proportion-
ate 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 organ izat ions are listed, the two
organizations will share the total cost of the election) .
(F) IMPASSES IN REPRMENIATION PROCEEDINGS
Any unresolved comllaint by an affected employee organiza-
tion advanced in good faith, concerning a decision of
the Designated City Representative made pursuant. to Sub-
sections (A), (S), or (C) hereof, shall be processed in
accordance with the procedures set forth in Section 13 of
Resolution No. 10554; provided, however, the written
request for an impasse meeting as described in Section 13
of Resolution No. 10584, must: be filed with the Designated
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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 based, or its
complaint will be considered closed and not subject, to the
impasse procedures or to any other appeal.
RULE 2 — REASONABLE TIME OFF TO MEET AND CONFER
A recognized employee organization may select not more than
five employee members of such organization to attend scheduled
meetings with the Designated City Representative or other
management officials on subjects within the scope of represen-
tation during regular work hours without loss of compensation.
Where circur-otances 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 representatives to the Designated
City Representative and the affected department head at least
two (2 ) working days in advance of such meetings.
Except in cases of emergency, the department head shall grant
permission for employee representatives to attend meetings with
the Designated City Representative. Any such meeting is subject
to scheduling by City management in a. manner consistent ..with
operating needs and work schedules.
RULE 3 -- ACCESS TO WORK LOCATIONS
Reasonable access to employee work locations shall be granted
officers of recognized employee organizations and their offi-
cially designated representatives for the purpose of processing
grievances or contacting members of the organization concerning
business within the scope of representation. Such officers or
representatives shall not enter anv work location without the
consent of the department head or the Designated City Representa-
tive. Access shall be restricted, so as not to interfere with
the normal operations of the department or with established
safety or security requirements.
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 member-
ship meetings, campaigning for office, conducting elections and
distributing literature, shall not be conducted during working
hours except a6 ady . be approved by the Deb ignated City Plepresen-
tative. Failure to observe these requirements may result in a
curtailment of the granting of access to employee work locations.
RULE 4 — USE OF CITY FACILITIES
Employee organizations may, with the prior approval of the
Designated City Representative, be granted the use of City
facilities during non -work hours for meetings of City employees,
provided that space is available, and provided further that such
meetings are not used for organizational activities or
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membership drives of City employyees . All such requests ' shall
be in writing and shall state the purpose or purposes of the
meeting. The City reserver the right to assess reasonable
charges for the use of such facilities. The use of City equip-
ment 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.
RULE S USE OF BULLETIN BOARDS
Recognized employee organizations may use portions of City
bulletin boards under the following conditions
(A) All materials must receive the approval of the
Designated city Representative prior to posting of
material on departmental bulletin board.
(B) All materials must be dated and must identify the
organization that published them.
(C) The actual posting of materials may be done by the
City 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 Re -presentative .shall first discuss this -denial
with the employee organization.
(D) 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.
(E) An employee organization that does not abide by these
rules will forfeit its right to .have materials posted
on City bulletin boards.
RULE 6 -- PEACEFUL PERFORMANCE OF CITY SERVICES
Participation by any employee in a strike or work stoppage i,.s
unlawful and shall subject the amployee to disciplinary action,
which may include dismissal from employment.
No employee organization, its representatives or members shall
engage in, cause, instigate, encourage, or condone a strike or
work stoppage of any kind.
If a recognized employee organization, its authorized represen-
tatives, or members on its behalf, engage in, cause, instigate,
encourage or condone a strike or work stoppage of any kind, the
Designated City Representative may, in addition to any other
lawful remedies or disciplinary actions, suspend or revoke the
recognition granted to such employee organization, suspend or
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cancel any or all payroll deductions payable to such an organi-
zation, prohibit the use of bulletin boards, prohibit the use
Of City facilit_ins and prohibit access to fOrluer work or duty
stations by members of such organization,
.As used in this Section "strike or work stoppage" means the con-
certed failure to report -for duty, the willful absence from one's
position, the stoppage of work, or the abstinence in whole or in
part from the full, faithful performance of the duties of
employment for the purpose of inducing, influencing, or coercing
a change in the conditions of compensation, or the rights,
privileges or obligations of employment.
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 clays 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.
RUDE 7 — GRIEVANCES AND APPEAL PROCEDURES
Any grievances, including any alleged violation of, or any
complaint arising out of the administration of, ordinancesor
regulations dealirZ with the administration of -personnel, ,
salary, or other benefits, any alleged improper treatment of
lul employee, or any alleged violation of commonly accepted
safety practices and procedures, shall be considered to be
matters subject to review through the hereinafter prescribed
grievance procedures.
(Ai Are attempr shall be made to ascertain all facts and
adjust all grievances on an informal basis between
the employee and, if he desires, his designated
re�refSPTif a%'i�f4ae and a sup".�iii4ro in a�.kAcu- empl oyCC °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.
(B) (1) if the grievance is not adjusted to the satis-
faction of the employee invo.11mcd within five (5)
working days after the presentation of the griev-
ance, the grievance shall be submitted in writing
by the employee or his designated representative
to the department head,, with a copy thereof to
the City Administrator and the Personnel Director,
within the next ten (10) working days. The
department head shall meet with the employee or
his designated representative within five (5)
working days of receipt of the written griev-
ance and skull deliver his answer in writing to
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the employee within five (5) working days after
the meeting.
(2) If the grievance is still not adjusted, the
aggrieved party may rile a written appeal with
the Designated City Representative within ten (10)
working days from the date of delivery of said
answer. The Designated City Representative shall
meet with the employee and, if he desires his
designated representative, within five (5� days
after receipt of the appeal and he shall deliver
his answer in writing to the employee within five
(5) days after the meeting.
(3) If the grievance is ,till not adjusted, the
parties may agree upon any mutually acceptable
impasse procedure, including, but not limited to,
mediation, conciliator or advisory arbitration.
The impartial mediator, cunciliator or advisory
arbitrator shall be selected jointly by the City
and the aggrieved employee or, if he desires,
his representative. The fees and expenses
incurred by the impartial mediator, conciliator
or advisory arbitrator shall be shared equally
by the parties.
(4) If the parties agree upon a mutually acceptable
impasse procedure but cannot ggree upon an arbi-
trator, a list of five (5) arbitrators shall be
obtained from the California State Conciliation
Service or other mutually agreeable source and
each party shall alternately strike one name
from the list until only one name remains. The
first party to strike a name shall be determined
by 1 Mt
(5) The arbitrator shall have no authority to add to,
delete or alter any provision of this resolution
or the rules, but shall iimit his decision to
the application and interpretation of the provi-
sions, thereof.
(6) 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
party may file a written appeal to the Mayor
and Common Council for final determination.
(C) A grievance shall not be subject to the appeal pro-
visions -of the rules and regulations of the Civil
Service Board of the City, except as may be permitted
therein; and when disciplinary action is instituted
before the Civil Service Board, Rule 7 (B) relating
to grievances and appeals procedures shall not be
applicable, but the rules and regulations of the
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Civil Service hoard shall be applicable. The decision
of the Civil. Service Board shall be final.
RULE 8 — SUPERSEDING PROVISIONS
The provisions of these rules and regulations skull not supersede
the provisions of the Employer -Employee Relations Resolution,
the Charter, any ordinance, or Civil Service 'Rules and Regula-
tions of the City and applicable state laws in the event of
conflict therewith,
'0 and such latter provisions shall apply.
RULE 9 -- VALIDITY
If any provision of these rules and regulations, or the applica-
tion of such prov .s on to any person or circumstance shall be
held invalid, the remainder of these rules and regulations or
any part thereof, or the application thereof, shall not be
thereby affected; and it is the declared intent that each and
all remaining parts thereof, shall remain effective.
ADOPTED BY RESOLUTION NO. 11378 -.MAY 7, 1973
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