Loading...
Resolution Number 82-9-21-5RESOLUTION NO. 82-9-21-5 EMPLOYER-EMPLOYEE RELATIONS 2'75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING RESOLUTION NO. 71-9-30-5, AND IN PLACE THEREOF, ADOPTING A NEW EMPLOYER-EMPLOYEE RELATIONS RESOLUTION WHEREAS, the City Council of the City of San Juan Capistrano is authorized under Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et. seq.) to adopt reasonable rules and regulations in order to provide for the orderly administration of employer-employee relation matters as set forth in said Chapter; and, WHEREAS, certain amendments are required to be made to Resolution No. 71-9-30-5, the City's Employer -Employee Relations Resolution, in order to continue for the orderly administration of employer-employee relation matters; and, WHEREAS, the Memorandum of Understanding between the City and the San Juan Capistrano City Employees Association dated September 7, 1982, declares that the City and the Association after meeting and conferring in good faith, have reached mutual understanding and agreement as to the amendments set forth in the Employer -Employee Relations Resolution; and, WHEREAS, a notice of a public hearing declaring the intent of the City Council to amend Resolution No. 71-9-30-5, the City's Employer -Employee Relations Resolution, has been duly prepared and posted. NOW, THEREFORE, BE IT RESOLVED that the City of San Juan Capistrano does hereby repeal Resolution No. 71-9-30-5, and in place thereof, does hereby adopt the Employer -Employee Relations Resolution attached hereto by reference as Exhibit "A". PASSED, APPROVED AND ADOPTED this 21st day of September , 1982 , by the following vote, to wit: AYES: Councilmen Friess, Hausdorfer, Bland, Schwartze, and Mayor Buchheim NOES: None ABSENT: None I WRENCE F. CHHEIM, MAYOR V,�Z -1- 2STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 82-9-21-5 , adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of September , 1982. ,r (SEAL) 2 MARY ANN YftNOVERI CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) and says: AFFIDAVIT OF POSTING MARY ANN HANOVER, being first duly sworn, deposes That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 79-2-21-7 and on the 24th day of September 1982 , she caused to be posted: RESOLUTION NO. 82-9-21-5 being: EMPLOYER-EMPLOYEE RELATIONS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REPEALING RESOLUTION NO. 71-9-30-5, AND IN PLACE THEREOF, ADOPTING A NEW EMPLOYER-EMPLOYEE RELATIONS RESOLUTION in three (3) public places in the City of San to wit: The Administration Building; The San Dance Hall; The Orange County Public CHECK LIST e2_q_2/_ S ORD. NO ....... ----. RES. NO-___._ MARY N R, CITY CLERK San an apistrano, California ............. Mayor has signed ............. Clerk has signed ....._..... City Seal stamped ------- . All blanks typed in "Absent.. ..... _. _.._..... _............ _ _ _.... _ _..... "Noes" .._---------------- ............................... ........./..: Typed in Official Record Book ............. Posted to Classified Cards ............. Copies sent to;,/,2.'.'.�`P... ----------------------------------- . ........ Legal Publication ordered to be published (date) --------------_... No. Affidavits ----- ---- --_-------- ..y� . . No. Printed copies required .._to.......��.._ ...-. Remarks------------ -------------------- ------ .....--- ----- ....... ........... Juan Capistrano, Juan Hot Springs Library. -2- EMPLOYER-EMPLOYEE RELATIONS x TABLE OF CONTENTS COMPREHENSIVE PERSONNEL SYSTEM Page SECTION III EMPLOYER/EMPLOYEE RELATIONS EER 1 Statement of Purpose 1 EER 2 Definitions I EER 3 Filing of Recognition Petition 2 EER 4 City Response to Recognition Petition 4 EER 5 Recognition Limitations 4 EER 6 Annual Notification 5 EER 7 Revocation of Recognition 5 EER 8 Modification of Recognized Employee Organization 5 EER 9 Procedure for Decertification of Recognized Employee Organization 5 EER 10 Determination of Appropriate Units 6 EER 11 Appeal Procedure 7 EER 12 The Meet and Confer Process 7 EER 13 Memoranda of Understanding 8 EER 14 Submission of Current Information by Recognized Employees Organization 8 EER 15 Payroll Deductions of Behalf of Employee Organizations 8 EER 16 Employee Organization Activities - Use of City Resources 8 EER 17 Administrative Rules and Procedures 8 EER 18 Construction 9 EER 19 Management Rights 9 EER 20 Availability of Data 10 EER 21 Peaceful Performance of City Services 11 EMPLOYER-EMPLOYEE RELATIONS RESOLUTION EER 1. Statement of Purpose. It is the purpose of this Section to implement Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organization," by providing orderly pro- cedures for the administration of employer/employee relations between the City and any employee organiza- tion. The procedures are intended to strengthen the administering of employer/employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City. EER 2. Definitions. As used in this Section, the following terms shall have the meanings indicated: (a) "APPROPRIATE UNIT" shall mean a unit composed of employee classifications and positions, as deter- mined by the Employee Relations Officer. (b) "CITY" shall mean the City of San Juan Capistrano, California. (c) "CITY COUNCIL" shall mean the City Council of the City of San Juan Capistrano, California. (d) "CONFIDENTIAL EMPLOYEE" shall mean an employee who is privy to matters affecting management positions and/or decisions regarding employer/employee relations. (e) "CONSULT/CONSULTATION IN GOOD FAITH" means to "Meet and Confer in Good Faith" to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions. Consultation is distinguished from meeting and con- ferring in good faith which involves an exchange of proposals and counter -proposals in an endeavor to reach agreement. (f) "DAY" shall mean calendar day unless expressly stated otherwise. (g) "EMPLOYEE" shall mean any probationary or regular person employed by the City on a full-time basis, except elected officials. (h) "EXECUTIVE AND MANAGEMENT EMPLOYEES" are those employees designated as such by the Personnel Rules and Regulations or by resolution of the City Council. - 1 - (i) "EMPLOYEE ORGANIZATION" shall mean any organiza- tion which includes employees of the City and which has as one of its primary purposes representing such employees in their relations with the City. (j) "EMPLOYEE RELATIONS OFFICER" shall mean the City Manager or his/her duly authorized representative. The City Manager is authorized to delegate these employee relations duties and responsibilities to his/her duly authorized representative. (k) "PROOF OF EMPLOYEE APPROVAL" shall mean (1) an authorization card recently signed and personally dated by an employee, stating his/her choice of employee organization for the purpose of representa- tion, or (2) a verified authorization petition recently signed and personally dated by employees, stating their choice of employee organization for the purpose of representation. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization most recently signed by an employee. The words "recently signed" shall mean within 6 calendar months prior to the filing of a petition. (1) "RECOGNIZED EMPLOYEE ORGANIZATION" shall mean an employee organization which has been formally acknowledged by the Employee Relations Officer as the employee organization that represents the employees in an appropriate unit for representation pursuant to this Rule. (m) "SCOPE OF REPRESENTATION" shall mean to include all matters relating to employment conditions and employer/employee relations limited to wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by the City MOU, any provisions of local ordinance, state statute or federal executive order. Matters included under Rule 8.18 are also excluded from the Scope of Representation. EER 3. Filing of Recognition Petition. An employee organiza- tion that seeks to be formally acknowledged as the recognized employee organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: - 2 - (a) Name and address of the employee organization. (b) Names and titles of its officers. (c) Names of employee organization representatives who are authorized to speak on behalf of the organi- zation. (d) A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the City. (e) A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of such other organizations(s). (f) Copies of the employee organization's constitution and/or by-laws. (g) A designation of those persons, not to exceed two in number, and their addresses, to whom notice sent by regular United States mail, will be deemed sufficient notice on the employee organization for any purpose. (h) A statement that the employee organization has no restriction on membership based on race, age, color, creed, sex, national origin, marital status, religion, or political beliefs. (i) The job classifications or titles of employees in the established appropriate unit. (j) 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 of employee support as herein defined to establish that more than 308 of the employees in the proposed appro- priate unit 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 as part of the petition for recognition. (k) The petition, including all accompanying documents, 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. 3 No employee organization nor any of its representatives seeking to file a recognition petition shall threaten, intimidate or otherwise coerce employees to sign any form of authorization or proof of support petition. The City, or any of its representatives, shall not threaten, intimidate or coerce employees not to express their choice of employee organizations for the purpose of representation. Violation of this provision by an employee organization shall prohibit that organization from submitting a petition for recognition for (12) months from the date the Employee Relations Officer determined a violation has occurred. Violation of this provision by a representative of the City may be cause for disciplinary action. EER 4. City Response to Recognition Petition. (a) Upon receipt of a recognition petition the Employee Relations Officer shall, within ten (10) days, determine whether: (1) there has been compliance with the requirements of EER 3, and, (2) the proposed representation unit is an appropriate unit in accordance with this Section. (b) If an affirmative determination regarding both (1) and (2) above is made by the Employee Relations Officer, he/she shall so notify the petitioning employee organization and may grant formal recognition. (c) If either of the matters specified in (1) or (2) above is not affirmatively determined, the Employee Relations Officer shall so notify the petitioning employee organization and recognition shall not be granted. EER 5. Recognition Limitations. There shall be only one employee organization formally acknowledged as the recognized employee organization for each appropriate unit. It shall be the only organization entitled to meet and confer in good faith within the scope of representation for the employees in an appropriate unit. A recognized employee organization representing non -management employees of the City in an appropriate unit may not represent management employees on matters within the scope of representation. However, nothing contained herein shall prohibit any management employees from joining or participating in any employee organiza- tion which represents non -management employees, for the purpose of academic, social, fraternal and vocational development. Employee organizations which are recognized by the City to be the recognized representative of - 4 - employee classifications specifically set forth in any Memorandum of Understanding shall continue to be the recognized employee organization for these classifica- tions after the adoption of this resolution except that such employee organizations shall be subject to the pro- cedures for decertification of recognized employee organizations set forth herein. EER 6. Annual Notification. Recognition of any employee organi- zation shall continue unless or until modified by an action pursuant to the EER Resolution. Each recognized employee organization must annually submit a written statement of any changes in the organization by-laws, or if no changes have been made, a written statement to that effect will be acceptable. EER 7. Revocation of Recognition. The Employee Relations Officer shall revoke recognition if he/she determines that any recognized employee organization or its representatives has/have violated any provision of these rules. EER 8. Modification of Recognized Employee Organization. An existing recognized employee organization may be modified by filing a petition pursuant to EER 3 set forth herein. Upon receipt of a petition for modification of an existing unit, the Employee Relations Officer shall, within ten (10) days, determine whether: (1) there has been compliance with the requirements of EER 3 and, (2) the proposed representation unit is an appropriate unit in accordance with this section. If an affirmative determination regarding both (1) and (2) above is made by the Employee Relations Officer, he/she shall so notify the petitioning employee organiza- tion and may grant formal recognition, or if either of the matters specified in (1) or (2) above is not affirma- tively determined, the Employee Relations Officer shall so notify the petitioning employee organization and recognition shall not be granted. EER 9. Procedure for Decertification of Recoanized EmDlovee Organization. A decertification petition alleging that the incumbent recognized employee organization no longer represents more than 50% of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of January of any calendar year. A decertification petition may be filed by two or more employees or their representative of an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete. - 5 - (a) The name, address and telephone number of the peti- tioner and a designated representative authorized to receive notices or 'requests for further information. (b) The name of the established appropriate unit and of the incumbent recognized employee organization sought to _ be decertified as the representative of that unit. (c) Proof of employee support that more than 50% of the employees in the established appropriate unit no longer desire to be represented by the incumbent recognized employee organization. Such proof shall be submitted for confirmation to the Employee Relations Officer. The Employee Relations Officer can accept only those petitions which (1) request decertification of the current recognized employee organization; and (2) do not request to carve out another unit from the already established appropriate unit. The decertification petition may be accompanied by a recog- nition petition for that established appropriate unit. Such accompanying recognition petition shall comply with EER 3. The Employee Relations Officer shall determine whether the decertification petition and accompanying recognition petition, if any, have been filed in compliance with the applicable provisions of this section. If the determination of the Employee Relations Officer is affirmative, he/she shall so notify all parties involved, including the decertified employee organization. If the determination of the Employee Relations Officer, with regard to any accompanying petition for recognition, is also affirma- tive, he/she may grant formal recognition to the employee organization submitting such a petition. EER 10. Determination of Appropriate Units. The primary policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees_ with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: (a) Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. - 6 - (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) Number of employees and classifications and the effect on the administration of employer-employee relations created by the proliferation of units. Notwithstanding the foregoing provisions of this section, management and confidential employees shall not be repre- sented by a recognized employee organization that represents non -management employees of the City. The above has been considered and the following units are determined appropriate units for the purpose of representation. (a) All full time general (non -management) employees of the City. The Employee Relations Officer shall, after consultation with affected employee organization(s), allocate new classi- fications or positions, delete eliminated classifications or positions from units in accordance with the provisions of this rule. EER 11. Appeal Procedure. An employee organization aggrieved by the determinations of the Employee Relations Officer required by EER 4, 6, 7 and 8 may request that the ERO appoint a mutually acceptable third party to consider the appeal and render an advisory opinion. Such opinion shall be submitted to the City Manager for its determination. The decision of the City Manager shall be final. EER 12. The Meet and Confer Process. Recognized employee organiza- tions shall submit their written proposals for the meet and confer process no earlier than January 1 and no later than April 15 of any calendar year. Such proposals may address any area within the scope of representation and shall be submitted to the Employee Relations Officer. The Employee Relations Officer shall, within ten (10) days of receiving the recognized employee organization's pro- posals, set a mutually agreeable date and time to meet with employee representatives. Attendance at such proposal meeting shall be limited to three representatives of the recognized employee organization; the City shall also limit its representatives to three people. Notice of the dates and times of meetings shall be in writing unless otherwise agreed to by both parties. Following the first proposal meeting, both parties will continue to meet to discuss proposals from either side with the purpose of endeavoring to reach agreement. - 7 - EER 13. Memoranda of Understanding. The City shall prepare a Memoranda of Understanding specifying those items mutually agreed upon. The Memoranda of Understanding shall be submitted to the City Council for approval. EER 14. Submission of Current Information by Recognized Employee Organization. Changes, if any, in the information filed with the City by a recognized employee organiza- tion under items (a) through (h) of its Recognition Petition under EER 3 thereof shall be sumitted in writing to the Employee Relations Officer at any time upon request by the City. EER 15. Payroll Deductions on Behalf of Employee Organizations. Upon formal acknowledgement by the City of a recognized employee organization under this Rule, only such recog- nized employee organizations may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in unit represented by recognized employee organization of forms which may be provided by the City. The providing of such services to the recognized employee organization by the City shall be contingent upon and in accordance with the provisions of Memorandum of Understanding and/or applicable administrative procedures. EER 16. Employee Organization Activities - Use of City Resources. Reasonable access to work locations shall be afforded to representatives of recognized employee organizations in order to carry out their role of representation in matters within the scope of representation. Employees of the City shall be granted reasonable time away from their work, with pay, for employer/employee relations matters. No employee of the City, nor any representative of a recognized employee organization, shall use City facili- ties, materials, equipment or other City owned resources for the purpose of conducting employee organization business without the knowledge or consent of the Employee Relations Officer. EER 17. Administrative Rules and Procedures. The Employee Relations Officer is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Rule after consultation with affected employee organizations. EER 18. Construction. These rules shall be administered and construed as follows: (a) Nothing in these rules shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representa- tive of the City, the rights, powers and authority granted by Federal or State law. (b) This Rule shall be interpreted so as to carry out its purposes as set forth herein. EER 19. Management Rights. Nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include but are not limited to the following: (a) To exercise complete control and discretion over its organization and public functions and responsibilities. (b) To determine the mission of its constituent departments, boards and commissions. (c) To determine budgets and appropriations and to set municipal fees and charges. (d) To determine the merits, necessity and nature of service provided. (e) To determine the schedules, methods, means and personnel by which government operations are to be conducted. (f) To direct the employees, including the right to allot and assign work and to hire, promote, demote or transfer any employee. (g) To determine the policies and procedures affecting recruitment, selection and training of employees. (h) To establish job classifications and the size and composition of the work force. (i) To establish standards of employee performance and the procedures and the methods used in evaluating such performance. (j) To establish and insure adherence to safe work practices and to take measures to insure a safe work environment. (k) To take appropriate disciplinary actions. (1) To relieve employees from duty due to lack of work or for other reasons -in _the _best interests of the City. (m) To take any and all actions necessary to carry out its public functions and responsibilities in an emergency. (n) To contract or subcontract any service or project with any other public or private entity. EER 20. Availability of Data. The City will make available to employee organizations such non -confidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Sections 6250-6260. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment of reasonable costs, where applicable. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this rule shall be construed to require disclosure of records that are: (1) Personnel, medical and similar files, the dis- closure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles, unless the employee has authorized in writing such disclosure of materials to which he would otherwise have access; (2) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; - 10 - (3) Records pertaining to pending litigation to which the City is a party, or to claims or appeals which have not been settled. (4) Nothing in this rule shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the agency. EER 21. Peaceful Performance of City Services. Participation by any employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action, up to and including discharge. No employee organization or representative shall engage in, cause, instigate, encourage, or condone a strike or work stoppage of its members against the City; nor shall its members engage in or instigate a strike or work stoppage against the City. If a recognized employee organization, its representatives, or members, violate the above, in addition to any other lawful remedies or disciplinary actions, the Municipal Employee Relations Officer may suspend or revoke the recognition granted to such employee organization, may suspend or cancel any or all payroll deductions payable to such organization, and prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty stations by such organization. As used in this section "strike or work stoppage" means the concerted failure to report for duty, the willfull unauthorized 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 obliga- tions of employment. Any decision of the Municipal Employee Relations Officer made under the provisions of this Section may be appealed to the City Council by filing a written Notice of Appeal with the Municipal Employee Relations Officer 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 seven 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 appeal. The Council shall hear and determine said appeal within a reasonable time.