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Resolution 1985-25 . . RESOLUTION NO. 85 - 25 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING PROCEDURES FO~ EY~LOYER P~D EIWLOYEE RELATIONS. BE IT RESOLVED BY THE COm~CIL OF THE CITY OF GILROY that the following definitions and procedures shall apply in the City of Gilroy: SECTION 1. SECTION 2. SECTION 3. SECTION 4 . SECTION 5 . SECTION r o. SECTION 7 . SECTION 8. SECTION 9 . SECTION 10. SECTION II. SECTION 12. SECTION 13. SECTION 14. SECTION 15. SECTION 16. SECTION 17. SECTION 18. SECTION 19. OUTLINE OF CONTENTS STATE OF PURPOSE DEFINITIONS Page 2 3 NON DISCRIMINATION 6 FILING OF RECOGNITION PETITION BY E~~LOYEE ORGANIZATION 6 8 CITY RESPONSE TO RECOGNITION PETITION OPEN PERIOD FOR FILING CHALLENGING PETITION Q v ELECTION PROCEDURE 9 PROCEDURE FOR DECERTIFICATION OF RECOGNIZED El~LOYEE ORGANIZATION 10 POLICY p~D STANDARDS FOR DETERt1INATION OF APPROPRIATE UNITS 12 ESTABLISH1~NT OF BARGAINING UNITS 1 Ll PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS 15 APPEALS 16 SUBMISSION OF CURRENT INFOR11ATION BY RECOG- NIZED El~LOYEE ORGANIZATIONS PAYROLL DEDUCTIONS ON BE~~LF OF E}~LOYEE ORGANIZATIONS 16 17 El~LOYEE ORGANIZATION ACTIVITIES -- USE OF CITY RESOURCES 17 17 REASONABLE TUi1E OFF ADl1INISTRATIVE RULES AND PROCEDURES 18 INITIATION OF I}~ASSE PROCEDURES 18 18 IMPASSE PROCEDURES RESOLUTION NO. 85 - 25 -1- . . OUTLINE OF CONTENTS CONTINUED Page SECTION 20. SECTION 21. SECTION 22. SECTION 23. COSTS OF IHPASSE PROCEDURES CONSTRUCTION SUSPENSION OF RECOGNITION SEVERABILITY IS' 19 20 20 ARTICLE I -- GENERAL PROVISIONS SECTION 1. STATEllliNT OF PURPOSE This Resolution implements Chaper 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations" by providing orderly procedures for the administration of employer-employee relations be- tween the City and its employee organizations. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organi- zations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of em- ployees in appropriate units and that are not preempted by Federal or State law. However, 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 among others: The exclusive right to determine the mission of its constituant de- partments, commissions and boards; set standards of service; deter- mine the procedures and standards of selection for employment; classi- fy employees; direct and schedule its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; deterlnine the methods, means and personnel by which govern- ment operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control RESOLUTION NO. 85 - 25 -2- . . a~d discretio~ over its organization and the technology of perform- ing its work. Recognized employee organizations have the right to meet and confer on items within the scope of representation as provided under Section 3504 and 3505 of the Government Code. SECTION 2. DEFINITIONS As used in this Resolution, the following terms shall have the meanings indicated: a. "Appropriate Unit" means a unit of employee classes or positions, established pursuant to Article II hereof. b. "City" means the City of Gilroy and "\\There appropriate herein, refers to the City Councilor any duly authorized City representative as herein defined. c. "Confidential Employee" means an employee, as designated from time-to-time by the City who, in the course of his/ her duties, has access to information relating to the City's administration of employer-employee relations. d. "Consult/Consultation in Good Faith" means to cOIILTTlunicate orally or in writing for the purpose of presenting and ob- taining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of representa- tion. Consult/consultation in good faith generally does not involve an exchange of proposals and counter-proposals in an endeavor to reach agreement, nor is it subject to Article IV hereof. e. "Day" means calendar day unless expressly stated otherwise. f. "Employee" means a person who has been appointed to an al- located position and is employed on either a permanent full- time or permanent part-time basis. g. "Employee Relations Officer" means the City Administrator or his/her duly authorized representative. RESOLUTION NO. 85 - 25 -3- . . h. "Impasse" means that the representative of the City and Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Nemorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. i. "Hanagement Employee" means an employee as designated from time-to-time by the City having responsibility for formula- ting, administering or managing the implementation of City policies or programs. j. "Mediation" means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representa- tives of the public agency and the recognized employee or- ganization or recog:nized employee organizations through interpretation, suggestion and advice. k. "Meet and Confer in Good Faith" means the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. 1. "Hemorandum of Understanding ("l-JOU")" means a written agree- ment between the employer and employee organization as a result of meeting and conferring in good faith under the Eeyers-Hilias-Brown Act. t'lemoranda of Understanding are not considered binding on the City until ratified by the City Council. RESOLUTION NO. 85 - 25 -4- . . ro. "Proof cf Employee Support" means (1) an authorization card signed within four months of the filing date and personally dated by an employee, or (2) verified authorization petition or petitions signed within four months of the filing date and personally dated by an employee, or (3) employee dues deduc- tion authorization, using the payroll register for the period iwmediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of anyone employee organization for the account of anyone employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be consider- ed as proof of employee support hereunder shall be the autho- rization last signed by an employee. n. "Recognized Employee Organization" means an employee organiza- tion which has been formally acknowledged by the City as the employee organization that represents the employees in an ap- propriate representation unit pursuant to Article II and is the only organization entitled to meet and confer on behalf of unit employees. o. "Supervisory Employee" means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend 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. p. "Valid Election" means an election held pursuant to procedures contained in this resolution which results in one (1) choice RESOLUTION NO. 85 - 25 -5- . . of having over fifty percent (50%) of the valid votes cast in its favor. SECTION 3. NON DISCRIMINATION No employee, or applicant for employment shall be discriminated for or against because of his/her membership in or his/her participa- tion on behalf of an employee organization. Employees shall have the right to join in and participate in said organizations,and the right not to join or participate in said organizations, and neither the City nor any employee organization shall discriminate against any such employees because of the exercise of such rights. SECTION 4. ARTICLE II -- REPRESENTATION PROCEEDINGS FILING OF RECOGNITION PETITION BY E}PLOYEE ORGANIZATION An employee organization that seeks to be formally acknowledged as the Recognized Employee Organization representing the employee in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: a. Name and address of the employee organization. b. Names and titles of its officers. c. Names and telephone numbers of employee organization representatives who are authorized to speak on behalf of the organization. d. A statement whether the employee organization has, as one of its primary purposes, represented 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 each such other organization. f. Certified copies of the employee organization's constitution and bylaws. RESOLUTION NO. 85 - 25 -6- . . g. A designation of those persons, not exceeding two in number, their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organi- zation for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, political affiliation or marital status. i. The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. j. 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 appro- priate 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 Re- lations Officer or to a mutually agreed upon disinterested third party. k. A request that the Employee Relations Officer formally acknow- ledge the petitioner as the Recognized Employee Organization representing the employees in the unit claimed to be appro- priate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation and a declaration that signatures were collected without collusion or duress and reflect true intent of the employee, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized RESOLUTION NO. 85 - 25 -7- . . officer(s) of the employee organization executing it. SECTION 5. CITY RESPONSE TO RECOGNITION PETITION Upon receipt of the Petition, the Employee Relations Officer shall determine whether: a. There has been compliance with the requirernents for the filing of a Recognition Petition as set forth in Section 4 hereof, and b. The proposed representation unit is an appropriate unit in accordance with Section 8 of this Article II. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall so inform the petition- ing employee organization, shall give written notice of such request for recognition to the employees in the u~it and shall take no action on said request for thirty.(30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Re- lations Officer shall offer to consult thereon with such petitioning employee organization, and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. The petitioning employee organization may appeal such deter- mination in accordance with Section 11 of this Resolution. SECTION 6. OPEN PERIOD FOR FILING CHALLENGING PETITION Within thirty (30) days of the date written notice was given to affected employees that a recognition petition initially determined to be in compliance with Section 4 hereof for an appropriate unit has been filed, any other employee organization may file a competing re- quest seeking formal acknowledgment as the recognized employee organi- zation of the employees in the same or in an over-lapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged), RESOLUTION NO. 85 - 25 -8- . . by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty percent (30%) and other- wise in the same form and manner as set forth in Section 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall conduct a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Section 8 of this Article II and shall provide written notice of his/her determination. The petitioning employee organizations shall have fifteen (15) days from the date of notice of such unit determination is communicated to them by the Employee Rela- tions Officer to amend their petitions to conform to such determina- tion or to appeal such determination pursuant to Section 11 of this Article II. SECTION 7. ELECTION PROCEDURE Upon determination of an appropriate unit, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of this Resolution. All employee organiza- tions who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included in 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 employed in regular permanent positions within the designated appro- priate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period RESOLUTION NO. 85 - 25 -9- . . because of illness, vaction or other authorized leaves of absence, and who are employed by the City in the same unit as of the date of the election. An employee organization shall be formally acknowledged as the Recognized Employee Organization for the designated appropriate unit following an election or runoff election if it received a numeri- cal majority of all valid votes cast in the election. In an election involving three (3) or more choices, where none of the choices receives a majority of the valid votes cast, a rupoff election shall be conducted between the two (2) choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a runoff election. There shall be no more than one (1) valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the State Mediation and Conciliation Service. Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot. SECTION 8. PROCEDURE FOR DECERTIFICATION OF RECOGNIZED Et~LOYEE ORGANIZATION. A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Rela- tions Officer only during the month of January of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred eighty (180) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two (2) or more employees or their representative, or an employee organization, and shall contain the following information RESOLUTION NO. 85 - 25 -10- . . and docTh~entation declared by tte duly authorized signatory under penalty of perjury to be true, correct and complete. a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the in- cumbent Recognized Employee Organization sought to be decer- tified as the representative of that unit. c. An allegation that the incumbent Recognized Employee Organi- zation 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 lea.st thirty percent (30%) 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 or to a mutually agreed upon disinterested third party within the time limits speci- fied in the first paragraph of this Section. An employee organization may, in satisfaction of the Decertifica- tion Petition requirements hereunder, file a petition under this sec- tion in the form of a Recognition Petition that evidences proof of employee support of at least thirty percent (30%) and otherwise conforms to the requirements of Section 3 of this Article. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provi- sions of this Article II. If his determination is in the negative, he/she shall offer to consult thereon the representative(s) of such RESOLUTION NO. 85 - 25 -11- . . petitioning employees or employee organization, and, if such deter- mination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefor in writing. The petitioning employees or employee organiza- tion may appeal such determination in accordance with Section 12 of this Article II. If the determination of the Employee Relations Offi- cer is in the affirmative, or if his/her negative determination is reversed on appeal, he/she shall give written notice of such Decerti- fication or Recognition Petition to the incumbent Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the ques- tions of decertification, and, if a Recognition Petition was duly filed hereunder, the question of representation. The election shall determine first the question as to the recertification of the existing representative and then the question of a successor representative. Such election shall be conducted in conformance with Section 6 of this Article II. SECTION 9. POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE UNITS The 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 conmunity of interest considerations. These policy ob- jectives require that the appropriate unit shall be the b~aadest fea- sible grouping of positions that share an identifiable co~~unity of interest. Factors to be considered shall be: RESOLUTION NO. 85 - 25 -12- . . a. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. b. History of representation in the City and similar employ- ment; 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 organizational patterns 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 the stability of the employer-employee relationship of dividing a single or related classifications among two or more units. Notwithstanding the foregoing provisions of this Section, manage- ment and confidential employees shall not be included in any unit with non-management and non-confidential employees; supervisory employees shall only be included in a unit consisting solely of supervisory employees. Management, supervisory and confidential employees may not represent any employee organization which represents other employees. Further, Peace Officers may form, join, participate in, and be represented by employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations as provided by this Resolution, provided such employee organizations: (1) are composed solely of such peace officers, and (2) concern them- selves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational train- ing in furtherance of the police profession, and (3) are not subordinate to any other organization. RESOLUTION NO. 85 - 25 -13- . . The Employee Relations Officer shall, after notice to and con- sultation with affected employee organizations, allocate new classi- fications or positions, and retain, reallocate or delete modified classifications or Dositions from units in accordance with the nro- L . L visions of this Section. SECTION 10. ESTABLISHMENT OF BARGAINING UNITS With the adoption of this Resolution, the following bargaining units are recognized: a. Police Unit: Includes non-management Peace Officers. b. Fire Unit: Includes non-management Fire Suppression personnel. c. General Unit: Includes the broad range of line City employees who are not in a specialized bargaining unit, or designated as management, supervisory or confidential. Example of the types of classifications included are clerical, planning, technical, non-peace officer classifications in the Police Department administrative, public works and parks, etc. d. Supervisory Unit: Includes those employees (excluding Peace Officers) having the authority to assign and direct work of other employees; and to undertake or effectively recommend the hiring, firing and discipline of subordinates. e. Management Unit: Includes all represented management posi- tions. RESOLUTION NO. 85 - 25 -14- . . of positions; delete eliminated classifications or positions;and retain, reallocate, or delete classifications or positions from units in accordance with the provisions of this Section. SECTION 11. PROCEDURE FOR 110DIFICATION OF ESTABLISHED APPROPRIATE UNITS. Requests by employee organizations for modifications of estab- lished appropriate units may be considered by the employee Relations Officer only during the period specified in Section 7 of this Article II. Such requests shall be submitted in the form of a Recognition Petition, and, in addition to the requirements set forth in Section 3 of this Article, 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 8 hereof. The Employee Relations Officer shall process such petitions as other Recog- nition Petitions under this Article II. The Employee Relations Officer may on his own motion propose during the period specified in Section 7 of this Article, that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the pro- posed modification(s), at which time all affected employee organiza- tions shall be heard. Thereafter, the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 8 of this Article II, and shall give written notice of such determination to the affected employee organization. The Employee Relations Officer's determination may be appealed as provided in Section 12 of this Article. If a unit is modified pur- suant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Recognized Employee Organization for such new appropriate unit or units pursuant to Section 3. RESOLUTION NO. 85 - 25 -15- . . SECTION 12. APPEALS An employee organization aggrieved by an appropriate unit deter- mination of the Employee Relations Officer under this Article II may, within ten (10) days of notice thereof, request the intervention of the California State Conciliation Service pursuant to Government Code Sections 3507.1 and 3507.3, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision with- in fifteen (15) days of notice of the Employee Relations Officer's determination or the termination of proceedings pursuant to Govern- ment Code Sections 3507.1 or 3507.3, whichever is later. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 3) , Challenging Petition (Section 5) or Decertification or Recognition Petition (Section 7) -- or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Sec- tion 7) has not been filed in compliance with the applicable pro- visions of this Article, may, within fifteen (15) days of notice of such determination, appeal the determination to the City Council for final decision. Appeals to the City Council shall be filed in writing with the Clerk of the Council, and a copy thereof served on the Employee Rela- tions Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its sole discretion, refer the dispute to a third party hear- ing process. Any decision of the City Council on the use of such pro- cedure, and/or any decision of the City Council determining the sub- stance of the dispute shall be final and binding. ARTICLE III --- ADMINISTRATION SECTION 13. SUBMISSION OF CURRENT INFORt~TION BY RECOGNIZED E}~LOYEE ORGANIZATIONS. All changes in the information filed with the City a recognized RESOLUTION NO. 85 - 25 -16- . . Employee Organization under items "a." through "h." of its Recogni- tion Petition under Section 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fifteen (15) days of such change. SECTION 14. PAYROLL DEDUCTIONS ON BEHALF OF EtWLOYEE ORGANIZATIONS Upon formal acknowledgment by the City of a Recognized Employee Organization under this Resolution, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plan sponsored by such organization upon the written authorization of employees in the unit represented by Recognized Employee Organization on forms provided therefor by the City. The providing of such service to the Recognized Employee Organi- zation by the City shall be contingent upon and in accordance with the provisions of Memoranda of Understanding and/or applicable admin- istrative procedures. SECTION 15. EMPLOYEE ORGANIZATION ACTIVITIES --USE OF CITY RESOURCES Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative pro- cedures, shall be limited to activities pertaining directly to the employer-employee relationship and not such internal employee organi- zation business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere ;with the efficiency, safety and security of City operations. SECTION 16. REASONABLE TIME OFF Up to three employees per bargaining unit will be allowed rea- sonable time off from City duties, without loss of payor benefits, to participate in the meet and confer process. RESOLUTION NO. 85 - 25 -17- . . SECTION 17. ADMINISTRATIVE RULES AND PROCEDURES The City Administrative Officer is hereby authorized to estab- lish such rules and procedures as appropriate to implement and admin- ister the provisions of this Resolution after consultation with affec- ted employee organizations. SECTION 18. ARTICLE IV -- Il~ASSEE PROCEDURES INITIATION OF I~PASSE PROCEDURES If the meet and confer process has reached an 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 meet- ing, together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled by the Employee Relations Officer. The purpose of such impasse meeting shall be: a. To identify and specify in writing 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 arrangements for the utilization of the impasse procedures provided herein. SECTION 19. IMPASSE PROCEDURES Impasse procedures are as follows: a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public reco~,endation, nor take any public positions at any time concerning the issues. b. If the parties agree to submit the impasse directly to the City Council, or if the parties do not agree on mediation or the impasse has not been resolved through mediation, RESOLUTION NO. 85 - 25 -18- . . . the City Council shall take such action regarding the impasse as it, in its discretion, deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding. SECTION 20. COSTS OF Ii1PASSE PROCEDURES Any mutually incurred costs for impasse procedures shall be borne equally by the City and the Recognized Employee Organization. Separate- ly incurred costs shall be borne by the party incurring the cost. ARTICLE V t1ISCELLANEOUS PROVISIONS CONSTRUCTION SECTION 21. The Resolution shall be administered and construed as follows: a. Nothing in this Resolution shall be cOTlstrued to deny to any person, employee, organization, the City, or any auth- orized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law. b. This Resolution shall be interpreted so as to carry out its purpose as set forth in Article I. c. 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 partici- pate in, support, cooperate or encourage, directly or in- directly any strike, sickout or other total or partial stop- page or slowdown of work. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination and may be deemed to have aban- doned their employment; and employee organizations may there- by forfeit all rights accorded them under this Resolution and other City law for a period up to one (1) year from commencement of such activity. RESOLUTION NO. 85 - 25 -19- . . . ' SECTION 22. SUSPENSION OF RECOGNITION Recognition of an organization may be suspended by the Council for: a. Repeated or continued failure or refusal to comply with the provisions of this Resolution. b. Intentional furnishing of false information to the City. c. Violation of any law, contract provision, court decision or court orders. Reasonable notice and opportunity to correct violations shall be given prior to suspension under this Section. SECTION 23. SEVERABILITY If any provision of this Resolution, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provi- sion to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. PASSED AND ADOPTED this 15th day of April, 1985, by the follow- ing vote: AYES: NOES: COUNCIL HEHBERS: ALBERT, GAGE, KLOECKER, ~mSSALLEH, PATE, VALDEZ and HUGHAN. COUNCIL }ffiMBERS: None ABSENT: COUNCIL MEHBERS: None APPROVED: ~!~ ATTEST: dUtJ~(p. d~ /> ~ity Clerk RESOLUTION NO. 85 - 25 -20- . . "" l' ".,i. I, SUSANNE E. STEINMETZ; City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 85-25 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 15th day of April , 19 ~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 17th day of April 19 85. . Jr'