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Resolution 1319 1319 RESOLUTION NO. RESOLUTION OF THE CITY OF GILROY ADOPTING PROCEDURES FOR EMPLOYER AND EMPLOYEE RELATIONS AND FOR RESOLVING DISPUTES REGARDING WAGES, HOURS, AND CONDITIONS OF EMPLOYMENT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY that the following definitions and procedures shall apply In the CIty of Gilroy: ., OUTLINE OF CONTENTS SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. SECTION 9. SECTION 10. SECTI ON 11. TITLE OF RESOLUTION STATEMENT OF PURPOSE DEFINITIONS EMPLOYEE RIGHTS CITY RIGHTS MEET AND CONFER IN GOOD FAITH -- SCOPE CONSULTATION IN GOOD FAITH -- SCOPE ADVANCE NOTICE PETITION FOR RECOGNITION APPROPRIATE UNIT SECTION 12. RECOGNITION OF EMPLOYEE ORGANIZATION AS MAJORITY REPRESENTATIVE.. FORMAL RECOGNITION DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFF I CER RESOLUTION OF IMPASSES GRIEVANCES MEMORANDUM OF UNDERSTANDING CONSTRUCTION SEPARABILITY SECTI ON 13. SECTION 14. SECTION 15. SECTION 16. SECTION 17. SECTION 1. TITLE OF RESOLUTION f!s!. 1. 1. 2. 4. 5. 5. 7. 7. 8. 10. 1l4' b. 12. i3, n. t4r 14'. This Resolution shall be known as the Employer-Employee Relations Reso- lution of the City of Gilroy. SECTION 2. STATEMENT OF PURPOSE The purpose of this Resolution is to Implement Chapter 10, Division 4, Title I of the Government Code of the State of CalifornIa (Sections 3500, et seq) captioned IIpublic Employee Organizatlonslt, by providIng orderly procedures for the administratIon of employer-employee relations between the CIty and Its -1.. 1~/9' ') employee organizations and for resolving disputes regarding wages, hours, and other terms and conditions of employment. SECTION 3. DEFINITIONS As used in this Resolution, the following terms shall have the meanings Indicated: (A) APPROPRIATE UNIT -- means a unit established pursuant to Section 10 of this Resolution. (8) CITY -- means the City of Gilroy, a municipal corporation, and where appropriate herein, "City" refers to the CI ty Council, the governing body of said City, or any duiy authorized management employee as herein defined. (C) CONSULT OR CONSULTATION IN GOOD FAITH -- means to communicate verb- ally or in writing for the purpose of presenting and obtaIning views or advisIng of Intended actions. (D) EMPLOYEE -- means any person regularly employed by the City except those persons elected by popular vote. (E) EMPLOYEE, CONFIDENTIAL -- means an employee who Is privy to decisions of City management affecting employer-employee relations, including but not limited to the secretaries of the CIty Administrator and Personnel Director. (F) EMPLOYEE, MANAGEMENT -- means any employee havIng significant respon- sibilities for fonmulatlng and administering City policies and pro- grams, Including but not limited to the chief executive officer, department heads, and first line supervisors responsible for ten (10) or more employees. (G) EMPLOYEE, PROFESSIONAL -- means employees engaged In work requiring specialized knowledge and skills attained through completion of a recognized course of Instruction. Including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and various types of physical, chemical and biological sc I en tis ts. (H) EMPLOYEE, SUPERVISORY -- means any employee, having authority to exercise independent Judgment to hire, transfer, suspend, lay-off, -2- recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility 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 in- dependen t j udgmen t. (I) EMPLOYEE ORGANIZATION -- means any organization which Includes em- ployees of the City and which has as one of Its primary purposes representing such employees in their employment relations with the City. (J) EMPLOYER-EMPLOYEE RELATIONS -- means the relationship between the City and its employees and their employee organization, or when used in a general sense, the relationship between City management and em- ployees or employee organizations. (K) GRIEVANCE -- as this term is defined in Section ~ (L) IMPASSE -- means (1) a deadlock in the annual (or periodic) discus- sions between a majority representative and the City over any matters concerning which they are required to meet and confer In good faith, or over the scope of such subject matter; or (2) any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the Municipal Employee Relations Officer made pursuant to Sections 9, 10, or 11 of this Resolution. (M) MAJORITY REPRESENTATIVE -- means an employee organization, or its duly authorized representative, that has been granted formal recog- nition by the Municipal Employee Relations Officer as representing the majority of employees in an appropriate unit. (N) MEDIATION OR CONCILIATION -- means the efforts of an Impartial third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through Interpretation, suggestion, and advice. Mediation and conciliation are interchangeable terms. (0) MEET AND CONFER IN GOOD FAITH (sometimes referred to herein as "meet and confer" or "meeting and conferring") -- means performance by -3- duly authorized City representatives and duly authorized representa- tives of an employee organization recognized as the majority repre- sentative of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of repre- sentation including wages, hours, and other terms and conditions of employment, in an effort to: (1) reach agreement on those matters within the authority of such representatives and (2) reach agree- ment on what will be recommended to the City Council on those matters within the decision making authority of the City Council. This does not require either party to agree to a proposal or to make a conces- sion. (P) MUNICIPAL EMPLOYEE RELATIONS OFFICER -- means the City's principal representative In all matters of employer-employee relations desig- nated pursuant to Section 12, or his duly authorized representative. (Q) RESOLUTION -- means, unless the context indicates otherwise, the Employer-Employee Relations Resolution of the City of Gilroy. (R) PEACE OFFICER -- as this term is defined In Section 817. Callfor-nJa Penal Code. (S) RECOGNIZED EMPLOYEE ORGANIZATIONS -- means an employee organization which has been acknowledged by the Municipal Employee Relations Officer as an employee organization that represents employees of the City. The rights accompanying recognition are either: (1) Formal Recognition -- which Is the right to meet and confer in good faith as the majority representative in an appropriate un it; or (2) Informal Recognition -- which Is the right to consultation in good faith by all recognized employee organizations. (T) SCOPE OF REPRESENTATION -- means all matters relating to employment conditions and employer-employee relations, Including, but not limited to, wages, hours, and other terms and conditions of employment. SECT! ON 4. EMPLOYEE RIGHTS ;: Employees of the City stlall have the right to form, join and participate In the activities of employee or~anization6 of their own choosing for the purpose -4- of representation on all matters of employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment. Em- ployees of the City also shall have the right to refuse to join or particIpate in the actlvlttes of employee organizations 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 df8crlmlnated against because of his exercise of these rights. SECTION 5. CITY RIGHTS The rights of the City Include, but are not limited to, the exclusive right to determine the mission of Its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct 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; deter- mine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out Its mission in emergencies; and exercise complete control and discretion oyer its organization and the technology of performing Its work. SECTION 6. MEET AND CONFER IN GOOD FAITH -- SCOPE (A) The City, through Its representatives, shall meet and confer in good faith with representatives of formally recognized employee organiza- tions with majority representation rights regarding matters within the scope of representation Including wages, hours, and other terms and conditions of employment within the appropriate unit. (8) The City shall not be required to meet and confer In good faith on any subject pre-empted by Federal or State law or by the CIty Charter, nor shall it be required to meet and confer In good faith on the definition of Employee or City Rights In SectIons 4 and 5. Proposed amendments to this Resolution are excluded from the scope of meetings and conferring. (C) The requirement to meet and confer In good faith Imposes the follow- Ing obligations upon the City and formally recognized employee organ- Ization with majority representation rights: -5- (1) To approach discussions on matters within the scope of represen- tation with an open mind and to make a sincere effort to reach agreement on all such matters. (2) To be represented by duly authorized spokesmen prepared to dis- cuss all matters within the scope of representation, and to consult with professional counsel. (3) Consistent with the operating needs of the City, to give a reasonable number of employee representatives of recognized employee organizations reasonable time off without loss of compensation to discuss with City representatives matters within the scope of representation (Government Code Section 3505.3). (4) To furnish to the other party, upon request, non-confidential data normally maintained In the regular course of business, reasonably available and necessary for full and proper discus- sion and understanding of subjects within the scope of repre$eo- tatlon. (5) With respect to all agreed upon matters, to jointly prepare a non-bInding written memorandum of understanding setting forth all agreed upon matters for submission to the City Council. (Government Code Section 3505.1). (6) To take all steps reasonably necessary to Implement those pro- visions of a written memorandum of understanding which have been approved by the City Council. (0) Procedure on Meeting and Conferring shall be as follows: (1) The City Council shall appoint a team of three (3) employer representatives to meet and confer with the employee organiza- tion. This team sh"all be cotllpo&ed of two (2) representati-ves from the City's Personnel Commission and one (1) from the City AdmInistrator's office. (2) Each employee organization shall elect at large three (3) repre- sentatives to meet and confer. (3) Any meeting and conferring session may be adjourned and con- tinued to a future time when either team of representatives (em- ployer or employee) believes it Is necessary to review any partl- -6- cular matter under discussion with the group they represent. (4) When the meeting and conferring process is concluded between the City and the formally recognized organization, a written memorandum of understanding shall be prepared. This memorandum of understanding shall then be returned to the respective em~ ployee organizations for review and approval, With the popular approval of the organization's membership, the memorandum shall be signed by the organization's officers and returned to the Municipal Employee Relations Officer. (5) The Municipal Employee Relations Officer shall then submit the Memorandum of Understanding to the earliest meeting of the City's Personnel Commission. (6) The Personnel Commission shall review the Memorandum and make their separate written recommendations thereon to the City Counc i 1. (7) The Memorandum and the Personnel Commission's recommendations shall be submitted to the next earliest City Council meeting for that body's determination. SECTION 7. CONSULTATION;N GOOD FAITH -- SCOPE All matters affecting employer-employee relations, including those that are not subject to m3eting and conferring, are subject to consultation. The City, through Its rep.esentatives, shall consult In good faith with representatives of all recognized employee organizations on employer-employee relations matters which ~ffect them. SECT! ON 8. ADVANCE NOT! CE Reasonable written notice shall be given to each recognized ~mployee organization affected of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Councilor by any board or commission of the City, and each shall be , given the opportunity to meet with such body prior to adoption. Two weeks or more shall constitute reasonable time, unless this provision is waived In writing I by the duly authorized efficers of the recognIzed empldyee organization. -7- SECTION 9. PETITION FOR RECOGNITION There are two levels of employee organization recognition - formal and Informal. The recognition requIrements of each are set forth below. (A) FORMAL RECOGNITION -- THE RIGHT TO MEET AND CONFER IN GOOD FAITH AS MAJORITY REPRESENTATIVE: An employee organization that seeks formal recog- nition for purposes of meeting and conferring In good faith as the major- Ity representative of employees In an appropriate unit shall file a peti- tion with the Municipal Employee RelatIons Officer containing the follow- Ing Information and documentatIon: (1) Name and address of the employee organization. (2) Names and titles of its officer. (3) Names of employee organization representatives who are authorized to speak on behalf of Its members. (4) A statement that the employee organization has, as one of its primary purposes, representing employees In their emplo~ent relations with the City. (5) A statement whether the employee organization Is a chapter or local of, or affiliated directly or Indirectly in any manner with, a regional or state, or national or International organI- zation, and, If so, the name and address of each such regional, state or International organizatIon. (6) CertIfied copies of the employee organization's constitution and by-laws. (7) A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mall will be deemed sufficient notice on the employee organlze- tlon for any purpose. (8) A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to CI ty employees. (9) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, or national origin. (10) The Job classifications or titles of employees In the unit -~~) claimed to be appropriate and the approximate number of member employees therein. (11) 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, to establish that employees in the unit claimed to be appropriate have designated the employee organiza- tion to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party. (12) A request that the Municipal Employee Relations Officer recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation. (B) INFORMAL RECOGNITION - THE RIGHT TO CONSULT IN GOOD FAITH: An e~ ployee organization that seeks recognition for purposes of consulta- tion in good faith shall file a petition with the Municipal Employee Relations Officer containing the following information and documenta- tion: (1) All of the information emmer'sted In..(Al.(l) through (9), of this Section inclusive. (2) 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, to establIsh that employees have desig- nated the employee organization to represent them in their em- ployment relations with the City. Such written proof shall be submitted for confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party. (3) A request that the Municipal Employee Relations Officer recog- nize the employee organization for the purpose of consultation in good faith. (C) The petition, including all accompanying documents, shall be verified, -9- under oath. by the ExecutIve Officer and Secretary of the organiza- tion that'the.$tatements are true. All changes In such Information shall be filed forthwith in like manner. (0) The Municipal Employee Relations Offtcer shall grant recognition, In writing. to all employee organizations who have cbmplled with Section 9 (A) or (B) and (C)~ for purposes of consultation In good faIth for its members. Employee organizations seeking formal recognition as majority representative must, In addition, satisfy the requirements of Section It (A) (I) below. No employee may be represented by mqre than one recogntzed employee organlzatton for the purposes of t~ls Resolution. SECTION 10. APPROPRIATE UNIT (A) The Municipal Employee RelatIons Officer, after reviewing the petition filed by an employee organ rut Ion seeking formal rec()gnt tion as maJor- ity representative, shall determine whether the proposed unit Is ~n appropriate unIt. The principal criterion In making this detennfna- tlon Is whether there Is a communltx of Interest among su~ employees. The following factors, among others, are to be considered in making' such determination: (1) Which unit will assure employees the fulles~ fre~dom In ,the exercise of rights se~ forth under thi~ Resolutlon4 (2) The history of employee relatlonli: 0) in the unit; (if) among other employees of the City; and ('II) In _tmllar publIc employ- mente (3) The effect of ~~e unit on tPe efflcJent operation of the City and sound employer-employee relations. (4) The extent to which employees have common skills, working condi- tions, job duties or similar educational requirements. (5) The effect on the existing classification structure of dividing a single classification among two or more units. Provided. however, no unit shall be established solely on the basis of the extent to which employees In the proposed unit have organized. (B) In the establishment of appropriate units (1) professional employees -1'0.' shall not be denied the right to be represented separately from non- professional employees; and (2) Supervisory, management or confiden- tial employees shall not be included in the same unit with non-super- visory, non-management or non-confidential employees for purposes of meeting and conferring, nor may they represent such employees on matters within the scope of representation. (C) 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 pro- vided by this Resolution, provided such employee organizations: (i) are composed solely of such peace officers, and (ii) concern them- selves solely and exclusively with the wages, hours, working condi- tions, welfare programs, and advancement of the academic and voca- tional training in furtherance of the police profession, and (iii) are not subordinate to any other organization. SECTION II. RECOGNITION OF EMPLOYEE ORGANIZATIONS AS MAJORITY REPRESENTATIVE - FORMAL RECOGNITION (A) The Municipal Employee Relations Officer shall: (1) Determine the majority representative of City employees in an an appropriate unit by arranging for a secret ballot election or by any other reasonable method which is based upon written proof, and is designed to ascertain the free choice of a major- ityof such employees. The employee organization found to represent a rr.aJority of the employees in an appropriate unit shall be granted formal recognition and is the only employee organization entitled to meet and confer in good faith on matters within the scope of representation for employees in such unit. This shaJl not preclude other recognized employee organizations, or individual employees, from consulting with management representatives on employer-employee relations mat- ters of concern to them. (2) Revoke the recognition rights of a majority representative which has been found by secret ballot election, or by any other reasonab 1 e me thod wh I ch I s based upon wr it ten proof, no longer -11- to be the majority representative. (B) The recognition rights of the majority representative designated in accordance with this Section shall not be subject to challenge by any other employee organization for a period of twelve months following the date of such recognition. SECTION 12. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER The City Council hereby designates the City Administrator as the Municipal Employee Relations Officer who shall be the City's principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation including wages, hours, and other terms and condit'ons of employment. The Municipal Employee Relations Officer so designated is authorized to delegate these duties and responsibilities. SECTION 13. RESOLUTION OF IMPASSES Impasse procedures may be Invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: (A) MEDIATION (OR CONCILIATION) (Defined in Section 3-N) -- All mediation proceedings shall be private. The Mediator shall make no public recommendations nor take any public position concerning the issues. (8) A DETERMINATION BY THE CITY COUNCIL -- after a hearing on the merits of the dispute. (C) Any other dispute resolving procedures, including FACT FINDING, parties mutually agree or which the City Council may order. Any party may Initiate the Impasse procedure by filing with the other party (or parties) affected a written request for an Impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled by the Municipal Employee Relations Officer forthwith after the date of filing of the written request for such meeting, with written notice to all par- ties affected. The purpose of such impasse meeting Is twofold: (1) To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and (2) if agreement is not concluded, to mutually select the specific impasse procedure to which the dispute shall be submitted; in the absence of agreement between the parties on this point, the matter shall be referred to the City Council. -12- .-;.. . ... . The fees and expenses, if any, of mediators or of any other impssse pro- eedure~ shall be payable one-half by the CIty and one-half by the employee or- ganizatlon or employee organizations. Fact-finding Is generally defined as including the identification of the major issues in a particular dispute, a review of the positions of the parties, making findings of fact on the Issues in dispute and, when requested, to make advisory recommendations for settlement. The fact-finder is an impartial person (or panel), skilled in matters of employer-employee relations, selected by mutual agreement of the parties affected. The fact-finder's Report Is advisory only and, in this essential respect, it differs sharply from an arbltrator's award, which Is binding upon all parties. When the results of fact-finding are accepted by the parties, that usually tenmlnates the dispute. Even when not accepted by one or more parties, the Report may furnish a basis for further dIscussIons that could lead to a voluntary settlement. When a dispute is presented directly to the City Council. it could r~..ot a fact-finding report prior to making its determination. In any event, the ultimate decision on all matters requiring legislative action would be made by the City Council. SECTION 14. GRIEVANCES (A) A grievance is any dispute concerning the interpretation or applica- tion of this Resolution, or of rules or regulations governing per- sonnel practices or working conditions, or of the practIcal conse- quences of a City RIghts' decision on wages, hours, and other terms and condItIons of employment. (B) Grievances shall be processed in accordance with procedures established by the City. SECTION 15. MEMORANDUM OF UNDERSTANDING When the meeting and conferring process is concluded between the City and a formally recognized employee organIzation representing a majority of the em- ployees in an appropriate unit, all agreed upon matters shall be Incorporated in a written memorandum of understandIng sIgned by the duly authorized City and majority representatives as set forth In Section 6. As to those matters within the authority of the City Council, the memo- randum of understanding shall be submitted to the CIty Council for determination. ..l~ SECTION 16. CONSTRUCTION (A) Nothing in this R~olution shall be construed to deny any person or employee the rights granted by Federal and State laws and City Charter provisions. (B) The rights, powers, and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this Resolution. (C) Nothing contained in this Resolution shall abrogate any written agree- ment between any employee organization and the City in effect on the effective date of this Resolution. All such agreements shall continue in effect for the duration of the term specified therein unless modi- fied or rescinded by mutual agreement of the parties thereto. (D) The provisions of this Resolution are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.) as amended in 1968. SECTION 17. SEPARABILITY 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 Reso- lution, 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. PASSED AND ADOPTED this 10th day of February, 1969, by the following vote: AYES: COUNCI LMEMBERS: Duffin, Kennedy, Quartiroll, Silva, Wentworth, and Goodrich. NOES: COUNCI LMEMBERS: None ABSENT: COUNCILMEMBER: Allemand APPROVED: ~~~L5.~~YJ 151 NORMAN B. GOODRICH Mayor ATTEST,A l _ /( ,/& 2koCt/PU1V lp yfJ'.!i::u~. . ~I SUSANNE E. STEINMETZ CltyCl~r~ ~" .,('..C\"-) , rJ , V ,::;:;~"'_/"', ,.~ By: ISI CECIL .-REINSCH Assistant City Administrator -14- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 1319 is an original resolution, duly adopted by the Council of the City of Gilroy at a adjourned regular meeting of said Council held on the 10th day of February , 19 69 J 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 28th day of February , 196~. ,I dM~nU &, ''"City C~erk of the City of