HomeMy WebLinkAboutItem 4.10 SB739Employer/EmploeeCITY CLERK FILE # 660-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: MAY 1, 2001
SUBJECT:
Adoption of Employer/Employee Relations Resolution to
Implement Senate Bill 739
Report Prepared by Richard C Ambrose, City Manager
ATTACHMENTS:
RECOMMENDATION:
1o Senate Bill 739
2. Resolution
/~Adopt Resolution
FINANCIAL STATEMENT: None
DESCRIPTION: Senate Bill 739 (Stats. 2000, Chap.'901) (Attachment 1) made amendment to the
Meyers-Milias-Brown Act (Government Code § §3500 et seq. ), which is the statute that governs
employer/employee relations in local governments in California. Senate Bill 739 made two major
revisions to the Meyers-Milias-Brown Act. The first is to provide a mechanism for an employee
organization to institute an "agency shop" where the employee organization is exclusively recognized
bargaining agent for employees in a particular bargaining unit. Following a minimum thirty-day period of
negotiations regarding a request for agency shop, an exclusively recognized employee organization can
request the City to institute an agency shop provision. The City is then required to implement the agency
shop provisions. This means that the employee organization's dues will be deducted from the paychecks
of all employees in the unit or a service fee will be deducted, if employees have religious objections to
payment of such dues,
The second change SB 739 made to the Meyers-Milias~Brown Act is to extend the jurisdiction of the
Public Employment Relations Board (PERB) to local government, including cities. Assuming funding is
included in the annual budget bill, beginning July 1, 2001, charges that either an employer organization or
a local government failed to comply with the Meyers-Milias-Brown Act or the locally adopted rules will
be resolved by PERB. Currently, if such disputes cannot be resolved at the local level, the only recourse
is to file a writ of mandate in Superior Court.
The attached resolution (Attachment 2) implements the provisions of Senate Bill 739.
Recommendation:
Staff recommends that the City Council adopt the resolution.
ATTACHMENT 1
BILL NUMBER: SB 739
BILL TEXT
CHAPTERED
CHAPTER 901
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2000
APPROVED BY GOVERNOR SEPTEMBER 28, 2000
PASSED THE SENATE AUGUST 31, 2000
PASSED THE ASSEMBLY AUGUST 29, 2000
AMENDED IN ASSEMBLY AUGUST 28, 2000
AMENDED IN ASSEMBLY AUGUST 25, 2000
AMENDED IN ASSEMBLY JUNE 6, 2000
AMENDED IN ASSEMBLY SEPTEMBER 10, 1999
AMENDED IN ASSEMBLY AUGUST 30, 1999
AMENDED IN ASSEMBLY AUGUST 16, 1999
AMENDED IN SENATE MAY 24, 1999
AMENDED IN SENATE MAY 13, 1999
AMENDED IN SENATE MAY 6, 1999
INTRODUCED BY Senator Soils (Coauthor: Senator Murray)
(Principal coauthor: Assembly Member Wildman)
(Coauthor: Assembly Member Romero)
FEBRUARY 24, 1999
An act to amend Sections 3500, 3501, 3502.5, and 3508.5 of, to
amend, renumber, and add Section 3509 of, to amend and renumber
Section 3510 of, to add Section 3511 to, and to repeal and add
Section 3507.1 of, the Government Code, relating to public
employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 739, Soils. Local public employees: agency shop arrangement
and the Public Employment Relations Board.
(1) Under the Meyers-Milias-Brown Act, an agency shop agreement
may be negotiated between a public agency and a recognized public
employee organization.
This bill would additionally authorize an agency shop arrangement
without a negotiated agreement upon a signed petition by 30% of the
employees in the applicable bargaining ~fnit requesting an agency shop
agreement and majority approval of the employees voting in a secret
ballot election on the issue. The bill would provide that the
petition may be filed only after good faith negotiations, not to
exceed 30 days, have taken place between the parties in an effort to
reach an agreement. The bill would require the Division of
Conciliation of the Department of Industrial Relations to conduct an
election that may not be held more frequently than once a year, if
the parties cannot agree within a prescribed time period on the
selection of a neutral person or entity to conduct the election.
(2) Existing law establishes the Public Employment Relations Board
in state government as a means of resolving disputes and enforcing
the statutory duties and rights of employers and employees under the
Educational Employment Relations Act, the Higher Education
Employer-Employee Relations Act, and the Ralph C. Dills Act.
ATTACHMENT 1
ATTACHMENT 1
This bill would expand the jurisdiction of the Public Employment
Relations Board to include resolving disputes and enforcing the
statutory duties and rights of employers and employees under the
Meyers-Milias-Brown Act and would specifically include resolving
disputes alleging violation of rules and regulations adopted by a
public agency, other than the County of Los Angeles and the City of
Los Angeles, pursuant to the Meyers-Milias-Brown Act that are
consistent with the act concerning unit determinations,
representations, recognition, and elections. The bill would provide
that implementation of this provision is subject to the appropriation
of funds for this purpose in the annual Budget Act and that the
provision becomes operative on July 1, 2001.
(3) Existing law provides that in the absence of local procedures
for resolving disputes on the appropriateness of a unit of
representation, upon the request of any of the parties, the dispute
is to be submitted to the Division of Conciliation of the Department
of industrial Relations.
This bill would require any dispute under rules adopted by a
public agency on the appropriateness of a unit, exclusive or majority
representation, and election procedures, upon request of a party, to
be submitted to the board for resolution. The board would make its
determinations based on the rules adopted by the public agency.
(4) The act specifies that nothing in its provisions affects the
rights of a public employee to authorize a dues deduction from his or
her salary or wages pursuant to specified provisions of law.
This bill would additionally require a public employer to deduct
the payment of dues or service fees to a recognized employee
organization as required by an agency shop arrangement between the
recognized employee organization and the public employer. It would
also provide that agency fee obligations shall continue in effect as
long as the employee organization is the recognized bargaining
representative, notwithstanding the expiration of any agreement
between the public employer and the recognized employee 'organization.
(5) The provisions of this bill would not apply to any recognized
employee organization representing peace officers, as defined in a
specified provision of existing law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3500 of the Government Code is amended to read:
3500. (a) It is the purpose of this chapter to promote full
communication between public employers and their employees by
providing a reasonable method of resolving disputes regarding wages,
hours, and other terms and conditions of employment between public
employers and public employee organizations. It is also the purpose
of this chapter to promote the improvement of personnel management
and employer-employee relations within the various public agencies in
the State of California by providing a uniform basis for recognizing
the right of public employees to join organizations of their own
choice and be represented by those organizations in their employment
relationships with public agencies. Nothing contained herein shall
be deemed to supersede the provisions of existing state law and the
charters, ordinances, and rules of local public agencies that
establish and regulate a merit or civil service system or which
provide for other methods of administering employer-employee
5~15
ATTACHMENT 1
relations nor is it intended that this chapter be binding upon those
public agencies that provide procedures for the administration of
employer-employee relations in accordance with the provisions of this
chapter. This chapter is intended, instead, to strengthen medt,
civil service and other methods of administering employer-employee
relations through the establishment of uniform and orderly methods of
communication between employees and the public agencies by which
they are employed.
(b) The Legislature finds and declares that the duties and
responsibilities of local agency employer representatives under this
chapter are substantially similar to the duties and responsibilities
required under existing collective bargaining enforcement procedures
and therefore the costs incurred by the local agency employer
representatives in performing those duties and responsibilities under
this chapter are not reimbursable as state-mandated costs.
SEC. 2. Section 3501 of the Government Code is amended to read:
3501. As used in this chapter:
(a) "Employee organization" means any organization which includes
employees of a public agency and which has as one of its primary
purposes representing those employees in their relations with that
public agency.
(b) "Recognized employee organization" means an employee
organization which has been formally acknowledged by the public
agency as an employee organization that represents employees of the
public agency.
(c) Except as otherwise provided in this subdivision, "'public
agency" means every governmental subdivision, every district, every
public and quasi-public corporation, every public agency and public
service corporation and every town, city, county, city and county and
municipal corporation, whether incorporated or not and whether
chartered or not. As used in this chapter, "public agency" does not
mean a school district or a county board of education or a county
superintendent of schools or a personnel commission in a school
district having a merit system as provided in Chapter 5 (commencing
with Section 45100) of Part 25 and Chapter 4 (commencing with Section
88000) of Part 51 of the Education Code or the State of California.
(d) "Public employee'" means any person employed by any public
agency, including employees of the fire departments and fire services
of counties, cities, cities and counties, districts, and other
political subdivisions of the state, excepting those persons elected
by popular vote or appointed to office by the Governor of this state.
(e) "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 representatives of the public agency
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion and advice.
(f) "Board" means the Public Employment Relations Board
established pursuant to Section 3541.
SEC. 3. Section 3502.5 of the Government Code is amended to read:
3502.5. (a) Notwithstanding Section 3502 or 3502.6, or any other
provision of this chapter, or any other law, rule, or regulation, an
agency shop agreement may be negotiated between a public agency and a
recognized public employee organization which has been recognized as
the exclusive or majority bargaining agent pursuant to reasonable
ATTACHMENT 1
rules and regulations, ordinances, and enactments, in accordance with
this chapter. As used in this chapter, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization, or
to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
the organization.
(b) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the public agency and a recognized
employee organization that has been recognized as the exclusive or
majority bargaining agent shall be placed in effect, without a
negotiated agreement, upon (1) a signed petition of 30 percent of the
employees in the applicable bargaining unit requesting an agency
shop agreement and an election to implement an agency fee
arrangement, and (2) the approval of a majority of employees who cast
ballots and vote in a secret ballot election in favor of the agency
shop agreement. The petition may only be filed after good faith
negotiations, not to exceed 30 days, have taken place between the
parties in an effort to reach agreement. An election that may not be
held more frequently than once a year shall be conducted by the
Division of Conciliation of the Department of Industrial Relations in
the event that the public agency and the recognized employee
organization cannot agree within 10 days from the filing of the
petition to select jointly a neutral person or entity to conduct the
election. In the event of an agency fee arrangement outside of an
agreement that is in effect, the recognized employee organization
shall indemnify and hold the public agency harmless against any
liability arising from any claims, demands, or other action relating
to the public agency's compliance with the agency fee obligation.
(c) Any employee who is a member of a bona fide religion, body, or
sect that has historically held conscientious objections to joining
or financially supporting public employee organizations shall not be
required to join or financially support any public employee
organization as a condition of employment. The employee may be
required, in lieu of periodic dues, initiation fees, or agency shop
fees, to pay sums equal to the dues, initiation fees, or agency shop
fees to a nonreligious, nonlabor charitable fund exempt from taxation
under Section 501 (c)(3)of the Internal Revenue Code, chosen by the
employee from a list of at least three of these funds, designated in
a memorandum of understanding between the public agency and the
public employee organization, or if the memorandum of understanding
fails to designate the funds, then to any such fund chosen by the
employee. Proof of the payments shall be made on a monthly basis to
the public agency as a condition of continued exemption from the
requirement of financial support to the public employee organization.
(d) An agency shop provision in a memorandum of understanding that
is in effect may be rescinded by a majority vote of all the
employees in the unit covered by the memorandum of understanding,
provided that: (1) a request for such a vote is supported by a
petition containing the signatures of at least 30 percent of the
employees in the unit;. (2) the vote is by secret ballot; (3) the vote
may be taken at any time during the term of the memorandum of
understanding, but in no event shall there be more than one vote
taken during that term. Notwithstanding the above, the public agency
and the recognized employee organization may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures
ATTACHMENT 1
regarding a vote on an agency shop agreement. The procedures in this
subdivision are also applicable to an agency shop agreement placed
in effect pursuant to subdivision (b).
(e) An agency shop arrangement shall not apply to management,
confidential, or supervisory employees.
(f) Every recognized employee organization that has agreed to an
agency shop provision or is a party to an agency shop arrangement
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the public agency with which
the agency shop provision was negotiated, and to the employees who
are members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the
Labor-Management Disclosure Act of 1959 covering employees governed
by this chapter, or required to file financial reports under Section
3546.5, may satisfy thefinancial reporting requirement of this
section by providing the public agency with a copy of the financial
reports.
SEC. 4. Section 3507.1 of the Government Code is repealed.
SEC. 5. Section 3507.1 is added to the Government Code, to read:
3507.1. (a) Unit determinations and representation elections
shall be determined and processed in accordance with rules adopted by
a public agency in accordance with this chapter, in a
representation election, a majority of the votes cast by the
employees in the appropriate bargaining unit shall be required.
(b) Notwithstanding subdivision (a) and rules adopted by a public
agency pursuant to Section 3507, a bargaining unit in effect as of
the effective date of this section shall continue in effect unless
changed under the rules adopted by a public agency pursuant to
Section 3507.
SEC. 6. Section 3508.5 of the Government Code is amended to read:
3508.5. (a) Nothing in this chapter shall affect the right of a
public employee to authorize a dues or service fees deduction from
his or her salary or wages pursuant to Section 1157.1, 1157.2,
1157.3, 1157.4, 1157.5, or 1157.7.
(b) A public employer shall deduct the payment of dues or service
fees to a recognized employee organization as required by an agency
shop arrangement between the recognized employee organization and the
public employer.
(c) Agency fee obligations, including, but not limited to, dues or
agency fee deductions on behalf of a recognized employee
organization, shall continue in effect as long as the employee
organization is the recognized bargaining representative,
notwithstanding the expiration of any agreement between the public
employer and the recognized employee organization.
SEC. 7. Section 3509 of the Government Code is amended and
renumbered to read:
3510. (a) The provisions of this chapter shall be interpreted and
applied by the board in a manner consistent with and in accordance
ATTACHMENT 1 ~' ~'~/.5'
with judicial interpretations of this chapter.
(b) The enactment of this chapter shall not be construed as making
the provisions of Section 923 of the Labor Code applicable to public
employees,
SEC. 8. Section 3509 is added to the Government Code, to read:
3509. (a) The powers and duties of the board described in Section
3541.3 shall also apply, as appropriate, to this chapter and shall
include the authority as set forth in subdivisions (b) and (c).
(b) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a public agency pursuant to Section
3507 shall be processed as an unfair practice charge by the board.
The initial determination as to whether the charge of unfair practice
is justified and, if so, the appropriate remedy necessary to
effectuate the purposes of this chapter, shall be a matter within the
exclusive jurisdiction of the board. The board shall apply and
interpret unfair labor practices consistent with existing judicial
interpretations of this chapter.
(c) The board shall enforce and apply rules adopted by a public
agency concerning unit determinations, representation, recognition,
and elections.
(d) Notwithstanding subdivisions (a) to (c), inclusive, the
employee relations commissions established by, and in effect for, the
County of Los Angeles and the City of Los Angeles pursuant to
Section 3507 shall have the power and responsibility to take actions
on recognition, unit determinations, elections, and unfair practices,
and to issue determinations and orders as the employee relations
commissions deem necessary, consistent with and pursuant to the
policies of this chapter.
(e) This section shall not apply to employees designated as
management employees under Section 3507.5.
(f) Implementation of this section is subject to the appropriation
of funds for this purpose in the annual Budget Act.
(g) This section shall become operative on July 1, 2001.
SEC. 9. Section 3510 of the Government Code is amended and
renumbered to read:
3500.5. This chapter shall be known and may be cited as the
"Meyers-Milias-Brown Act."
SEC. 10. Section 3511 is added to the Government Code, to read:
3511. The changes made to Sections 3501, 3507.1, and 3509 of the
Government Code by legislation enacted during the 1999-2000 Regular
Session of the Legislature shall not apply to persons who are peace
officers as defined in Section 830.1 of the Penal Code.
RESOLUTION NO. XX-O1
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
IMPLEMENTING EMPLOYER/EMPLOYEE
RELATIONS PURSUANT TO SENATE BILL 739
ATTACHMENT 2
WHEREAS, the City of Dublin ("City") desires to implement sections 3500-3510 of the
California Government Code (the Meyers-Milias-Brown Act, or "MMBA"), as amended;
WHEREAS, the City desires to implement local rules and regulations governing employer -
employee relations to ensure they are consistent with recent amendments to the MMBA; and
NOW, THEREFORE, BE IT RESOLVED, that the City hereby adopts these policies governing
employer-employee relations pursuant to the MMBA;
1. Purpose: The purpose of this Resolution is to implement City rules and regulations
governing employer-employee relations.
2. Definitions: As used in this Resolution, the following terms are defined as follows:
a. "Agency shop" means an arrangement that requires an employee, as a condition of
continued employment, either to join the recognized employee organization, or to pay the organization a
service fee in an amount not to exceed the standard initiation fee, periodic dues and general assessments
of the organization.
b. "Bargaining Unit" means a unit of employee classifications and/or positions
established by the City.
c. "Certify" means the process by which the City Council formally acknowledges an
employee organization as the exclusive representative of a bargaining unit.
d. "Confidential Employee" means an employee who is privy to information that
could affect employeeemployer relations.
e. "City" refers to the City of Dublin and, where appropriate, the City Council or any
duly authorized City representative.
f. "Consult/Consultation in Good Faith" means to communicate orally or in writing
with all affected employee organizations for the purpose of presenting and obtaining views or advising of
proposed actions in an effort to reach a consensus; and, as distinguished from meeting and conferring in
good faith regarding matters within the required scope of representation, does not involve an exchange of
proposals and counterproposals with an exclusively recognized employee organization in an endeavor to
reach agreement in the form of a memorandum of understanding.
g. "Day" means calendar day unless expressly stated otherwise.
h. "Employee" means any person employed by the City, but does not include: (1)
elected officials; and (2) self-employed persons or persons employed by contract with a third party agency
or company; and (3)independent contractors. ATTACHMENT 2
i. "Employee Organization" means any organization which includes employees of the
City, and which has as one of its primary purposes representing such employees in their labor relations
with the City,
j. "Exclusively Recognized Employee Organization" means an employee
organization which has been formally recognized by the City as the exclusive representative of a
bargaining unit or units for purposes of meeting and conferring on matters within the scope of
representation under the MMBA.
representation.
"Impasse" means a deadlock in negotiations concerning matters within the scope of
1. "Management Employee" means an employee having responsibility for
formulating, administering or managing the implementation of City policies and programs.
m. "Memorandum of Understanding" (or "MOU") means a written agreement between
the City and an exclusively recognized employee organization regarding wages, hours and working
conditions within the scope of representation. MOUs shall not be valid or enforceable unless and until
adopted by the City Council.
no "Notice" means depositing the information at issue, properly addressed with correct
postage for first class delivery, in a United States Postal Service (USPS) facility. Unless otherwise
specified in this resolution, or otherwise agreed between the affected parties in writing, notice shall be
complete upon deposit in a USPS mail box or facility.
o. "Scope of representation" shall include all matters relating to employment
conditions and employer-employee relations, including, but not limited to, wages, hours, and other terms
of conditions of employment; provided, however, that the scope of representation shall not include
consideration of the merits, necessity, or organization of any service or activity provided by law or
executive order, or any other matter excluded by applicable case law or statute.
p. "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 the exercise of such authority is not of a merely routine or clerical nature, but requires the use of
independent judgment.
3. City Management Rights
Unless specifically in conflict with any MOU, all management rights shall remain vested
exclusively with the City. City management rights include but are not limited to:
and commissions;
The right to determine the mission of its agencies, departments, institutions, boards
b. The right of full and exclusive control of the management of the City; supervision
of all operations; determination of methods, means, location and assignments of performing all work; and
the composition, assignment, direction, location and determination of the size and mission of the work
force;
c. The right to determine the work to be done by employees, including establishment
of service levels, appropriate staffing and the allocation of funds for any position(s) within the City;
d. The right to review and inspect, without notice, all City-owned facilities, including
without limitation desktop computers, work areas and desks, email, computer storage drives, voicemail
systems and filing cabinets and systems;
e. The right to change or introduce different, new or improved operations,
technologies, methods or means regarding any City work, and to contract out for work;
f. The right to establish and modify qualifications for employment, including the
content of any job classification, job description or job announcement, and to determine whether
minimum qualifications are met;
g. The right to establish and enforce employee performance standards;
ho
The right to schedule and assign work, make reassignments and assign overtime
i. The right to hire, promote, discipline, reassign, transfer, release, layoff, terminate,
demote, suspend or reduce in step, grade or salary, all employees;
The right to establish and modify bargaining units;
ko The right to inquire and investigate regarding complaints or concems about
employee performance deficiencies or misconduct of any sort, including the right to require employees to
appear, respond truthfully and cooperate in good faith regarding any City investigation; and
The right to maintain orderly, effective and efficient operations.
4. Employee Rights
Unless specifically in conflict with a MOU, all employees shall enjoy the following rights:
a. The right to form, join and participate in the activities of employee organizations of
their own choosing for the purpose of representation on all matters of employer-employee relations.
b. The right to refuse to join or participate in the activities of employee organizations,
and to represent themselves individually in their employment relations with the City.
co The right to be free from interference, intimidation, restraint, coercion, or
discrimination because of exercising rights specified in this section.
5. Policy and Standards for Determination of Bargaining Units
The City Manager shall have the management discretion to form, define and designate all
appropriate bargaining units in the City, and to modify bargaining units based on the procedures specified
in this resolution. The City Manager (which includes any authorized designee), shall maintain a list of the
classifications in each unit. The City Manager may consider, but shall not be bound by, labor relations
criteria considered under federal authorities such as the National Labor Relations Act. In exercising
discretion regarding bargaining unit composition, including initial formation and subsequent
modification, the City Manager shall consider the following criteria:
a. Community of interest among employees, and avoiding actual or potential conflicts
of interest within the bargaining unit;
b. Historical relationships including the organizational structure and collective /Z~ ,7d'/5
bargaining;
c. The effective delivery of services;
d. The application and consistency of wage, hour, and benefit packages (including
retirement benefits) within the bargaining unit;
e. Specific legal requirements, such as the rights of public safety and professional
employees to form their own bargaining units;
f.
preference; and
Employee rights to freely choose labor representatives according to their
g. The interest of broad-based units, composed of the largest number of employees
having a reasonable community of interest.
Managerial, supervisory and confidential responsibilities (as defined in Section 2 of this
resolution) are determining factors in establishing appropriate units, and therefore, managerial,
supervisory and confidential employees may only be included in units that do not include non-managerial,
non-supervisory and non-confidential employees. Managerial, supervisory and confidential employees
may not represent any employee organization which represents other employees.
6o Certification as Exclusive Bargaining Representative
a. Elements of Petition:
An employee organization seeking recognition as an exclusively recognized employee
organization representing the employees in a bargaining unit shall file with the City Manager a written
petition for certification, which shall include:
(1) The complete name and street address of the organization;
(2)
The names, titles, mailing addresses, and telephone numbers of the organization' s
officers;
(3) The names, addresses and telephone numbers of those persons who are authorized
to speak on behalf of the organization; .'
(4) A designation of those persons, not exceeding 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;
(5) A statement that the organization has no restriction on membership and does not
discriminate based on race, color, creed, national origin, sex, age, disability, sexual orientation or political
affiliation.
(6) A statement that the primary purpose of the organization is to represent employees
in the City on matters concerning wages, hours and other terms and conditions of employment.
(7) A statement whether the organization is affiliated in any manner, directly or
indirectly, with another organization (for example as a local or chapter of a national or intemational
parent union), and, if so, the name and address of the affiliated organization.
(8) Copies of the employee organization's constitution and by laws, accompanied by a
statement of authenticity.
(9) Authorization cards demonstrating support for the petition, signed by thirty percent
(30%) or more of the employees within the bargaining unit, that are dated no later than six (6) months
earlier than the date of the petition, and which appear authentic to the satisfaction of the City Manager.
(10) A request that the City Council certify the petitioner as the exclusive bargaining
representative for those employees in the bargaining unit(s) at issue.
b. Response to Petition:
At some reasonable time after receiving a petition, the City Manager shall determine whether the
petition contains the necessary elements demonstrating the requisite showing of interest. If the Petition is
defective in some respect, the City Manager may reject and return it, with a brief explanation.
Altematively, the City Manager may retain the petition, and permit the petitioner to cure the deficiencies
promptly.
co Notice
After the City Manager determines that a petition meets the requirements under this resolution, the
City Manager shall provide notice that a petition has been filed to: (1) all employees in the bargaining
unit at issue; (2)any and all recognized employee organizations; and (3) the City Council.
d. Elections
Elections shall be conducted in accordance with the provisions of section 7 herein.
e. Certification
The City Manager shall provide notice of the election outcome to all affected employee
organizations and the City Council. For petitions to certify, the City Council shall certify the prevailing
organization, if any, as the exclusive bargaining representative for the bargaining unit(s) at issue.
7. Elections
The following procedures are applicable to elections, except as specified herein:
a. Elections will be conducted by the City Manager. Altematively, the City Manager
has the discretion to appoint another City official, or third party, to conduct the election. The City
Manager may take reasonable measures, not in conflict with this' resolution or applicable law, to ensure
the integrity of elections.
b. . The City Manager has the discretion to refer the election matter at issue to the
Public Employee Relations Board (PERB) for handling. If an election is referred to PERB, rules and
regulations adopted by PERB governing the type of election at issue shall apply.
c. In order for an election to be held, petitions to certify or decertify a recognized
bargaining organization, or to rescind an agency shop provision, must be accompanied by cards showing
that the petition at issue is supported by thirty percent (30%) or more of the employees in the bargaining
unit.
d. Challenges to certification petitions may be initiated by other employee /~
organizations providing: (1) the challenging organization provides the information contained in section'
6.a(1 )-(8) of this resolution; (2) the challenging organization produces cards demonstrating that at least
ten percent (10%) of employees in the bargaining unit subject to the petition support the challenge; and
(3) the challenge must be initiated within thirty (30) days after the City gives notice of a petition for
certification. If the challenging organization meets these requirements, the organization will also be
included in this election.
e. The City Manager shall exercise his/her discretion to verify the authenticity of
cards and signatures.
employees in the
Elections will be
Elections will be conducted by secret ballot. Over fifty percent (50%) of the
bargaining unit must participate in the election in order for the election to be certified.
determined by majority vote of those employees casting votes.
g. Ballots shall contain the choice "no representation."
h. If no organization receives a majority of the votes, the City Manager shall conduct
a runoff between the two (2) choices receiving the most votes.
i. Costs of conducting elections shall be bome in equal shares by the City and by each
employee organization appearing on the ballot.
j. Elections conceming the proposed decerti~cation of an exclusive bargaining
organization may be held no sooner than twelve (12) months following the date the City certified and'
recognized the bargaining organization as the exclusive recognized employee organization for the
bargaining unit(s) at issue.
k. No more than one vote to rescind an agency shop agreement may be taken during
the life of a MOU which provides for agency shop,
Bargaining Unit Modifications
Bargaining unit modifications may be initiated by: (a) the City; (b) a group of employees; or (c) a
recognized employee organization.
a. City-initiated unit modifications: The City may initiate a modification of its unit
structure, including the creation of new units, or the reallocation of classifications from one bargaining
unit to another bargaining unit. The City shall provide notice to all affected employee organizations, and
to each employee who may be affected by the proposed change° Before implementing any modification
or reallocation, the City shall provide the opportunity to meet and confer, to the extent required by law,
with affected recognized employee organizations.
b. Employee and union-initiated modifications: An employee, group of employees, or
a recognized employee organization may request that a unit be modified, or that one or more
classifications be reallocated to a new or existing bargaining unit. The City shall provide notice to any
and all affected employee organizations upon receipt of such a request. The request must be accompanied
by cards, dated no later than six months earlier than the request, showing that at least fifty percent (50%)
of the employees in the new proposed unit, or thirty percent (30%) of the employees in the
classification(s) proposed to be reallocated to another bargaining unit, support the request.
(i) The City Manager may exercise discretion to deny the request in the event
the criteria in section 5 of this resolution suggest to the City Manager that the modification or reallocation
is inappropriate. The City Manager shall provide notice of the rejection to all recognized employee
organizations promptly after such determination.
(ii) If the City Manager determines that the modification or reallocation of a
unit is consistent with the criteria listed in section 5, the City Manager shall further process the request. If
the City Manager determines that a new unit or reallocation is appropriate, the City Manager shall provide
notice to all recognized employee organizations in the City. If no protest is filed within thirty (30) days,
the City Manager shall promptly reassign affected classifications to the new unit, or reallocate the
classifications to an existing bargaining unit. In the event of an assignment to a newly created bargaining
unit, the City Manager shall also notify the employees of their rights under this resolution, including the
right to select an employee organization of their choice for the purpose of meeting and conferring with the
City regarding wages, hours and working conditions under the MMBAo
(iii) Within thirty (30) days of notice regarding the City Manager's
determination to modify a bargaining unit, or reallocate classifications, an affected recognized employee
organization may submit a protest to the City Manager. The protest must include the following in order to
be considered: (a) the name, address and telephone number of the protesting employee organization; (b)
the facts and arguments supporting the protest; and (c) the proposed resolution. Upon receipt of a protest,
the City Manager shall meet and confer to the extent required by law. If there is no resolution, the dispute
shall be submitted to nonbinding arbitration. The arbitrator shall forthwith convene a hearing and propose
a solution, in writing, to the City Manager. The City Manager shall then issue a final decision, and give
notice to all affected parties. After issuing a decision, the City Manager may reassign or reallocate the
classifications at issue, and inform the employees of their rights under this resolution.
c° Timing: Unless required by law, unit modifications or reallocations may not be
initiated sooner than twelve (12) months following the date of any memorandum of understanding which
covers 'the classifications proposed to be reallocated or moved from the bargaining unit.
9° Rights and Responsibilities
a. Meet and Confer:
An exclusive bargaining representative shall have the right to meet and confer in good faith with
authorized representatives of the City regarding matters within the scope of representation. If an
agreement is reached, the parties shall jointly prepare a written MOU, which shall not be binding, and
present it to the City Council. If the City Council adopts the written MOU, it shall become binding on the
parties. The City is under no obligation to meet and confer with an employee organization, unless it 'has
been certified as a recognized employee organization.
b. Current Information:
Recognized. employee organizations have the responsibility to inform the City Manager, in
writing, of any changes in the information specified in section 6a( 1 )-(8). There shall be no relief from
time limits imposed by this resolution because of an employee organization' s failure to keep the City
apprised of current information required under this resolution.
c. Release Time: /zl/(
During the period of meet and confer regarding a memorarida of understanding, recognized
employee organizations shall be entitled to a limited number of representatives who may receive paid
release time during the period when negotiations are occurring at the table. The precise number shall be
subject to the City' s approval at the outset of negotiations. Employee organizations shall cooperate with
the City on a reasonable schedule, and the employees released for negotiations shall notify their
supervisors, obtain their consent and ensure that the dates scheduled for negotiations to not adversely
affect City operations. Release time may not be authorized for activities such as soliciting membership,
campaigning for office or other political activity, organizing efforts, or for any other purpose not
authorized by this resolution or a MOUo
d. 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 procedures, and shall be limited to
lawful activities consistent with the provisions of this resolution that pertain. directly to the employer-
employee relationship. Such access is not permitted for such intemal employee organization business as
soliciting membership, campaigning for office, and organization meetings and elections.
e. Dues and Other Authorized Payroll Deductions:
Recognized employee organizations may sponsor payroll deduction programs for membership
dues, charitable causes and benefit premiums and contributions. In order to participate, each affected
employee must submit a written authorization on a form prescribed by the City Manager. Deductions
shall comport with City administrative procedures.
10o Impasse Resolution Procedures
If impasse is reached during negotiations concerning matters within the scope of representation,
either party may declare an impasse. Upon and after impasse, either party may request that the dispute be
submitted to mediation. The costs of mediation shall be borne equally. Mediation shall be conducted by
a mutually agreed upon mediator, or a mediator supplied by the State Mediation and Conciliation service°
Mediation shall be confidential. The mediator shall not make public recommendations or issue any
decision conceming the issues.
If no agreement is reached after mediation, or if one party refuses to mediate the dispute, the
matter shall be referred to the City Council for final determination.
This section shall not apply to economic disputes involving employees governed by different
impasse resolution procedures imposed by statute.
11. Agency Shop
Agency shop arrangements between the City and any exclusively recognized employee
organization shall be made in accordance with the MMBA, as amended, and other applicable taw.
12. Miscellaneous Provisions
a. Savings and Separability: This resolution is intended to comport with all applicable state
and federal laws, and it should be interpreted and applied to harmonize with all such law, reserving the
broadest legal measure of authority to the City Council, In the event of a court of competent jurisdiction
determines that some provision is inconsistent with applicable and binding law, then that provision shall
be severed and all remaining portions of the resolution shall continue in full force and effect. Upon
request by the City, a recognized bargaining organization will meet and consult with the City promptly
upon request in an effort to resolve any amendments that are necessary or advisable in light of changes to
existing law, or interpretations of the law that impact this resolution.
b. Construction: This resolution should be interpreted based on its plain meaning and intent
of the City Council as expressed herein. Nothing in this resolution shall be construed to give employees
or employee organizations the right to participate in, support, cooperate or encourage, directly or
indirectly, any strike, sickout, or other total or partial stoppage or slowdown of work. In consideration of
and as a condition of initial and continued employment by the City, employees recognize that any such
.actions by them are in violation of their conditions of employment except as expressly provided by law.
Iv. the event employees engage in such actions, they shall subject themselves to discipline up to and
including termination, and may be replaced; and employee organizations may thereby forfeit rights
accorded them under law or contract.
PASSED, APPROVED AND ADOPTED this 1 st day of May 2001, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK