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HomeMy WebLinkAboutResolution No. 10-C93RESOLUTION NO. 10-C93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING ESTABLISHED RULES AND REGULATIONS RELATING TO EMPLOYER-EMPLOYEE RELATIONS WHEREAS, the Meyers-Milias-Brown Act (California Government Code Sections 3500 et sem.) has been enacted for the purpose of promoting improved employer- employee relations between public employers and their employees by establishing uniform and orderly methods of communication between employees and the public agencies by which they are employed; and WHEREAS, Government Code Section 3507 empowers a municipal corporation to adopt reasonable rules and regulations for the administration of employee relations; and WHEREAS, the City Council of the City of Azusa has adopted such reasonable rules and regulations as authorized by law in City of Azusa Resolution No. 08-C79 (also known as the Employer -Employee Relations Resolution of the City of Azusa); WHEREAS, the City Council of the City of Azusa desires to amend Section 10 of Resolution No. 08-C79 to permit an appropriate unit consisting of sworn police supervisory employees and sworn police management employees; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Azusa hereby amends Resolution No. 08-C79 to permit an appropriate unit consisting of sworn 1 police supervisory employees and sworn police management employees, as provided in Section 10: OUTLINE OF CONTENTS SECTION 1. TITLE OF RESOLUTION 3 SECTION 2. PURPOSE OF RULES & REGULATIONS 3 SECTION 3. DEFINITIONS 3 SECTION 4. EMPLOYEE RIGHTS 5 SECTION 5. ADVANCE NOTICE 5 SECTION 6. FILING OF RECOGNITION PETITION BY EMPLOYEE 6 ORGANIZATION SECTION 7. CITY RESPONSE TO RECOGNITION PETITION 7 SECTION 8. OPEN PERIOD FOR FILING CHALLENGING PETITION 8 SECTION 9. ELECTION PROCEDURE 8 SECTION 10. POLICY AND STANDARDS FOR DETERMINATION OF 10 APPROPRIATE UNITS SECTION 11. PROCEDURE FOR DECERTIFICATION OF AN 11 EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION SECTION 12. PROCEDURE FOR MODIFICATION OF ESTABLISHED 13 APPROPRIATE UNITS SECTION 13 APPEALS 13 2 SECTION 14. SUBMISSION OF CURRENT INFORMATION BY AN 14 EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION SECTION 15. EMPLOYEE ORGANIZATION ACTIVITIES USE OF CITY 14 FACILITIES SECTION 16 ADMINISTRATIVE RULES AND PROCEDURES e 14 SECTION 17 INITIATION OF IMPASSE PROCEDURES 14 SECTION 18 IMPASSE PROCEDURES 15 SECTION 19 COSTS OF IMPASSE PROCEDURES 16 SECTION 20 CONSTRUCTION 16 SECTION 21 SEVERABILITY 16 Section 1. Title of Resolution. This Resolution shall be known as the Employer - Employee Relations Resolution of the City of Azusa ("City"). Section 2. Purpose of Rules and Regulations. The purpose of these rules and regulations is to provide orderly procedures for the administration of employer-employee relations between the City and its employees and employee organizations representing City employees, and for resolving disputes regarding wages, hours and other terms and conditions of employment. , Section 3. Definitions. Definitions found in Government Code Section 3501 shall be applicable to these rules and regulations. For purposes of these rules and regulations, the following definitions, in addition to those specified above, shall be applicable: (a) CITY: shall mean the City of Azusa; (b) CITY COUNCIL: shall mean the City Council of the City of Azusa; 3 (c) MEET AND CONFER IN GOOD FAITH: means performance by duly authorized City representatives and duly authorized representatives of an exclusively recognized employee organization of their mutual obligation to meet in person at reasonable times and to confer in good faith regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment, in an effort to reach agreement on those matters. This does not require either party to agree to a proposal or to make a concession; (d) CITY MANAGER: shall mean the City Manager of the City of Azusa; (e) MANAGEMENT EMPLOYEE: any employee having responsibility for formulating, administering or managing the implementation of City policies or programs; (f) SUPERVISORY EMPLOYEE: any employee having authority in the interest of the City to do any one of the following: hire, transfer, suspend, lay off, recall, promote, demote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend any 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; (g) CONFIDENTIAL EMPLOYEES: any employee who, in the course of his or her duties, has access to information relating to the City's administration of employer-employee relations; (h) PROFESSIONAL EMPLOYEES: Per the California Government Code Section 3507.3, "employees engaged in work requiring specialized knowledge attained through completion of a recognized course of instruction". (i) EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION: an employee organization which has been formally acknowledged by the City as the employee 0 organization that represents a majority of the employees in an appropriate representation unit pursuant to the provisions of this Resolution. Only the Exclusively Recognized Employee Organization in an appropriate unit may meet and confer with the City on matters within the scope of representation; Employee organizations currently recognized by the City on the effective date of this Resolution are deemed the Exclusively Recognized Employee Organization in the unit in which they are recognized; 0) IMPASSE: a deadlock in discussions between the City and an Exclusively Recognized Employee Organization over any matters concerning which they are required to meet and confer in good faith wherein the differences remain so substantive and prolonged that further meeting and conferring is not likely to produce an agreement; (k) DAYS: means "calendar days" unless otherwise stated; (1) EMPLOYEE RELATIONS OFFICER: means the City Manager (m) PROOF OF EMPLOYEE SUPPORT: (1) an authorization card recently signed and dated by an employee, or (2) an authorization petition or petitions recently signed and dated by each employee whose name appears thereon. 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 one hundred twenty days prior to the filing of a petition. Section 4. Employee Rights. (a) Except as otherwise provided by law or by these rules and regulations, employees of the City shall have the right to form, join and participate in the activities of an employee organization of their own choosing for the purpose of representation in matters of employer- employee relations. City employees also have the right to refuse to join or participate in the. activities of the employee organization and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by an employee organization because of his or her exercise of these rights. Section 5. Advance Notice. Reasonable written notice shall be given to an Exclusively Recognized Employee Organization affected by any ordinance, rule, resolution policy or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and such organization shall be given the opportunity to meet with the City Council or its representative prior to adoption. In cases of a bona fide emergency when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately, without prior notice or meeting with the Exclusively Recognized Employee Organization or majority representative, 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. In such cases, the ordinance, rule, resolution or regulation shall only last for the duration of the emergency. Section 6. Filing of Recognition Petition by Employee Organization An employee organization that seeks to represent unrepresented employees and be formally acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a Recognition Petition with the Employee Relations Officer containing the following information and documentation: (a) Name and address of the employee organization; (b) Names and title of its officers; (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 its primary purpose or one of its primary purposes, representing employees in their employment relations with the City; (e) A designation of an officer of the employee organization and his or her addresses, to whom notice sent by regular United States mail will be deemed sufficient notice to the employee organization for any purpose; (f) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, physical handicap or other unlawful criteria; appropriate; (g) The job classifications or titles of employees in the unit claimed to be (h) A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority 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; provided, however, the Employee Relations Officer may elect to refuse receipt of said proof, in which case, said proof shall be submitted to the California Mediation and Conciliation Service or other impartial party for confirmation in accordance with the terms of this Resolution; and (i) 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. 7 This Petition, including proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. Section 7. City Response to Recognition Petition. Upon receipt of the petition, the Employee Relations Officer shall determine whether: Petition; and Section 10. (a) There has been compliance with the requirements of the Recognition (b) The proposed representation unit is an appropriate unit in accordance with If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for fourteen days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall inform the petitioning employee organization of the reasons therefore in writing. The petitioning employee organization may appeal such determination in accordance with Section 13. Section 8. Open Period for Filing Challenging Petition. Within twenty-one days of the date written notice was given to affected employees that a valid Recognition Petition for an appropriate unit has been filed, any other 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 9 at least thirty percent and otherwise in the same form and manner as set forth in Section 6. If such challenging petition seeks establishment of an overlapping unit, an election shall be held of the employees described in the Petition to determine which unit they shall be in. Thereafter, the. Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards of Section 10. The petitioning employee organizations shall have seven 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 13. Section 9. Election Procedure. The Employee Relations Officer shall determine the Exclusively Recognized Employee Organization in an appropriate unit by arranging for a secret ballot election, the Employee Relations Officer shall arrange for said election to be conducted by the California Mediation and Conciliation Service, or other impartial party, subject to the provisions of this Resolution. The election shall be held within thirty days of the date that an appropriate unit has been determined pursuant to a Recognition Petition or, if applicable, a Challenging Petition. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Resolution shall be included on the ballot. The choice of self -representation by the employee shall also be included on the ballot. Employees entitled to vote in such election shall be those persons employed in positions within the designated appropriate unit on the date of the election and who were employed during the pay period which ended immediately prior to the date which is at least fifteen 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. 7 An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election if it received a numerical majority of all valid votes cast in the election or after a run-off election of the highest two Employee Organizations if one did not get a majority; 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 will be applicable to a run-off election. There shall be no more than one election (including run-off elections as necessary) under this Resolution in a twelve-month period in the same unit. Costs of conducting elections, if any, shall be borne in equal shares by the City and by each employee organization appearing on the ballot. Section 10. Policy and Standards for Determination of Appropriate Units. The policy objectives to be served in determining the appropriateness of units shall be (a) the effect of a proposed unit on the operations of the City, (b) the compatibility of a proposed unit with the primary responsibility of the City and its employees to effectively and economically serve the public, and (c)the provision to employees of effective representation based on a recognized community of interest. Among the factors to be considered in determining community of interest are: (a) Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. 10 (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 administrative organization 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 employer-employee relations, as well as the employee's rights to self determination, of dividing single or related classifications among two or more units. Notwithstanding the foregoing provisions of this Section, management and confidential employees shall not be included in any unit with non -management or non - confidential employees, and shall be restricted from representing any employee organization which represents other employees in the City on matters within the scope of representation. Supervisory employees may be included in a unit consisting solely of supervisory employees or, when there is a community of interest or past precedence, may be included in a bargaining unit with non -supervisory employees. Notwithstanding the foregoing, sworn police supervisory employees may be included in an appropriate unit with sworn police management employees. This section shall not impact the classifications in an existing unit at the time this Ordinance was approved. Professional employees may be represented in a separate unit. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, from units in accordance with the provisions of this Section. I1 Section 11. Procedure for Decertification of an Exclusivelv Recognized Employee Organization. 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 following the first full year of recognition. A Decertification Petition may be filed by an employee, an employee representative, or an employee organization no sooner than 120 days or later than 90 days prior to the expiration of an existing M.O.U.. A Decertification Petition shall contain the following information and documentation, declared by the duly authorized signatory, under penalty of perjury, to be true, correct and complete: (a) The name, address and telephone number of the petitioner and if petitioner is an employee organization, a designated representative authorized to receive notice or requests for further information. (b) The name of the established appropriate unit and the incumbent Exclusively Recognized Employee 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 that at least thirty percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer along with the Decertification Petition, provided, however, the Employee Relations Officer may elect to refuse receipt of said proof, in which case, said proof 12 shall be submitted to the California Mediation and Conciliation Service, or other impartial party, for confirmation in accordance with this Resolution. 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 percent and otherwise conforms to the requirements of Section 6. The Employee Relations Officer shall first determine whether the petition has been filed in compliance with the applicable provisions of this Resolution. If his determination is negative, he shall return such petition to the petitioner(s) with a statement of the reasons therefore in writing. The petitioner(s) may appeal such determination in accordance with Section 13. If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon determine the wishes of unit employees as to the question of decertification, and, if a Recognition Petition was duly filed hereunder, the question of representation. Such determination shall be made by election in conformance with Section 9. Section 12. Procedure for Modification of Established Appropriate Units. An employee or an employee organization may submit a petition for modification of established appropriate units to the Employee Relations Officer. A Modification Petition may be filed by an employee, an employee representative, or an employee organization no sooner than 120 days or later than 90 days prior to the expiration of an existing M.O.U.. Such requests shall be submitted 13 in the form of a Recognition Petition, and, in addition to the requirements set forth in Section 6, 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 10 hereof. The Employee Relations Officer shall process such petitions as Recognition Petitions under this Resolution. Section 13. Appeals. An employee or employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer, or an employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition, Challenging Petition, Decertification Petition or Petition for Modification of an Established Appropriate Unit — or employee(s) aggrieved by a determination of the Employee Relations Officer that a Decertification Petition or a Petition for Modification of an Established Appropriate Unit, — has not been filed in compliance with the applicable provisions of this Article, may, within fourteen days of notice of such determination appeal the determination to the City Council for final decision. Appeals to the City Council must be filed in writing with the Clerk of the City Council, and a copy thereof served on the Employee Relations Officer. The City Council shall commence consideration of the matter within thirty-five days of the filing of the appeal. The City Council shall provide for written and verbal presentations by the impacted employee organizations. Any decision of the City Council on an appeal shall be final and binding. Section 14. Submission of Current Information by an Exclusively Recognized Employee Organization. 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 14 Section 6 shall be submitted in writing to the Employee Relations Officer within fourteen days of such changes. Section 15. Employee Organization Activities — Use of City Facilities. Access to City work locations and the reasonable use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be allowed and, shall not interfere with the efficiency, economy, safety and security of City operations. Section 16. Administrative Rules and Procedures. The Employee Relations Officer is hereby authorized, after complying with any meet and confer requirements, to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution. Section 17. Initiation of Impasse 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. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shall be: (a) To identify and specify the issue or issues that remain in dispute; (b) To review the position of the parties in a final effort to resolve such disputed issue or issues; and (c) If the dispute is not resolved, to discuss utilization of the impasse procedures provided herein. Section 18. Impasse Procedures. Impasse procedures are as follows: (a) Non -Binding Mediation — May be requested by either party. A list of mediators shall be requested from the State of California Mediation and Conciliation Service or 15 the parties may and agree on the selection of a mediator. The dispute shall be submitted to non- binding mediation. If mediation proceedings are undertaken, such proceedings shall be private and the mediator shall make no public recommendation nor take any public position at any time concerning the issues. Costs of mediation shall be equally divided and paid by the City and each employee organization involved in the impasse. (b) Mutually Agreed Upon Dispute Resolving Procedure — Any dispute resolving procedure mutually agreed to by the parties to the impasse may be utilized. (c) Resolution by the City Council If the patties agreed to submit the impasse directly to the City Council, or if the parties did not agree on non-binding mediation, the selection of a mediator, or some other dispute resolving procedure, or having so agreed, the impasse has not been resolved through such non-binding mediation or other dispute resolving procedure, then the City Council shall review all information and take such action regarding the impasse as it, in its discretion, deems to be in the public interest. This City Council review shall take place within 30 days of the impasse meeting or completion of mediation if mediation is selected by both parties. Any action by the City Council on the impasse shall be final and binding unless State law requires the City to adhere to some other resolution process. Section 19. Costs of Impasse Procedures. The costs, if any, for the services of a mediator or for any other mutually agreed upon dispute resolving procedure utilized by the parties, and other mutually incurred impasse resolution costs, shall be bome equally by the City and the Exclusively Recognized Employee Organization. follows: Section 20. Construction. This Resolution shall be administered and construed as 16 (a) Nothing in this Resolution shall be construed to deny to the City Council or any authorized officer, body or other representative of the City Council, employee or employee organization, the rights, powers and authority granted by Federal, State or local law, ordinance or resolution. (b) 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, other total or partial stoppage or slowdown of work, or any unlawful concerted action that poses an imminent and substantial threat to public health or safety. Section 21. Severability. If any provision of this Resolution, or the application of such provisions to any person 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. APPROVED AND ADOPTED this 6th day of December, 2010. Josep R. Rocha, Mayor ATTEST: r� Vera Mendoza, City Clerk 17 I HEREBY CERTIFY that the foregoing resolution No. 10-C93, was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof, held on the 6th day of December, 2010, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, MACIAS. ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Vera Mendoza, City Clerk m