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RESOLUTION NO. 1868-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT BRAGG
ADOPTING AN EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS PROCEDURE WHEREAS, on February 11, 1980 the Fort Bragg City Council adopted Resolution 898-90; A Resolution Adopting an
Employer-Employee Organization Relations Procedure, and WHEREAS, the City Administrator, in cooperation with legal counsel, various departmental managers and employee organizations and has determined that the Employer-Employee Organization Relations Procedure as adopted on February 11, 1980 be repealed, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fort Bragg does hereby adopt the following employer-- employee relations procedure, a true copy of which is attached hereto and incorporated by reference herein as Exhibit "A." The above and foregoing Resolution was introduced by Council- member Kendall, was seconded by Councilmember Schade, and passed and adopted at a regular meeting of the City Council of the City of Fort Bragg held on the 12th day of November, 1991, by the following vote:
AYES: Kendall, Campbell, Schade, Huber.
NOES: Cimolino.
ABSENT: None.
Mathent. Hale
MATHEW V. HUBER,
Mayor
ATTEST:
neelym praupente.
DeeLynn R. Carpenter,
City Clerk
NOTE: The only major difference in these procedures compared in bold adopteer ined ruary, 1980 is on Page 10 (typed
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EXHIBIT "A"
CITY OF FORT BRAGG
EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS RESOLUTION
1991
(RESO. 1868-91; 11-12-91)
TABLE OF CONTENTS
ARTICLE I GENERAL PROVISIONS
Sec. 1 Statement of Purpose
Sec. 2 Definitions
a. Appropriate Unit
bi City
c. Confidential Employee
d. Consult/Consultation in Good Faith
e. Day
f. Employee Relations Officer
g•
h. Management Employee
1. Proof of Employee Support
j. Recognized Employee Organization
k. Supervisory Employee
ARTICLE II REPRESENTATION PROCEEDINGS
sec. I Filing of Recognition Petition by Employee Organization a. through k. Petition Requirements
Sec. 2 City Response to Recognition Petition
a. through b. Determination by Employee Relations Officer Sec. 3 Open Period for Filing Challenging Petition
sec. 4 Election Procedure
sec. 5 Procedure - Decertification of Recognized
Employee Organization
sec. 6 Policy and Standards for Determination of
Appropriate Units
Sec. 7 Procedure for Modification of Established
Appropriate Units
sec. 8 Appeals
ARTICLE III ADMINISTRATION
sec. 1 Submission of Information by Recognized
Employee Organization
sec. 2 Employee Organization Activities -- Use of
City Resources
sec. 3 Administrative Rules and Procedures
ARTICLE IV IMPASSE PROCEDURES
sec. 1 an chaion of Purpose of tapase meeting
Sec. 2 Impasse Procedures
sec. 3
ARTICLE V MISCELLANEOUS PROVISIONS
Sec. 1 Construction
1. through d. Rules of Construction and Prohibition of Concerte Ictivitie
sec. 2 Severability
(RESO. 1868-91; 11-12-91)
2 ARTICLE I - GENERAL PROVISIONS
Section 1 Statement of Purpose
This resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et geg.) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations.
However, nothing contained herein shall be deemed to supersede the provisions of State law, City ordinances, resolutions and rules which establish and regulate the merit system, OX which provide for other methods of administering employer-employee relations. This resolution is intended, instead, to strengthen merit, and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City.
It is the purpose of this resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees 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 constituent departments, commissions and boards; set standards of service; determine the procedures and standards of gelection for employment; 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; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
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 Fort Bragg, and where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined.
C. "Confidential Employee" means an employee, who, in the course of his or her duties, has access to information relating to the City's administration of employer-employee relations.
d. "Consult/Consultation in Good Faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counter proposals reach agreement, nor is it subject to
Article IV hereof.
e. "Day" means calendar day unless expressly stated otherwise. f. "Employee Relations Officer" means the City Administrator or his duly authorized representative.
g• "'Impasse" means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be (RESO. 1868-91; 11-12-91)
3 included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain substantial and prolonged that further meeting and conferring would be futile.
h. "Management Employee" means employee having responsibility for formulating, administering or managing the implementation of City policies or programs.
i. "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, OI (2) verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within one hundred eighty (180) days prior to the filing of a petition.
"Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the employee organization that represents the employees in an appropriate representation unit pursuant to Article II hereof.
k. "Supervisory Employee" means 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, 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. Supervisory employees include the following: Police Lieutenant, Police Sergeant, Public Works Superintendent and such other employees as may be designated supervisory by the City Administrator.
(RESO. 1868-91; 11-12-91)
4 ARTICLE II - REPRESENTATION PROCEEDINGS
Section 1 Filing of Recognition Petition By Employee Organization An employee organization that seeks to be formally acknowledged by the Recognized Employee Organization representing the employees in an appropriated 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
Names of employee organization representatives who are authorized to speak on behalf of the organization
d. A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the city.
e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.
f. Certified copies of the employee organization's constitution and by-laws. g. 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. h. statement that the employee organization hag no restriction on membership based on race, color, creed, sex or national origin. i. The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.
A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party.
A request that the Employee Relations Officer formally acknowledge the petitioner as the Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.
The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer (8) of the employee organization executing it.
Section 2 City Response to Recognition Petition
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
a. There has been compliance with the requirements of the Recognition Petition, and,
b. The proposed representation unit is an appropriate unit in accordance with Section 8 of this Article.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively (RESO. 1868-91; 11-12-91)
5 determined, the Employee Relations 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 therefor in writing. petitioning employee organization may appeal such determination in accordance with Section 10 of this resolution.
Section 3 Open Period for Filing Challenging Petition
Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the game or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 3 of Article II.
If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for 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 6 of this Article. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination 1s communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 8 of Article II.
Section 4 Election Procedure
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 organizations who have duly submitted petitions which have been determined to be in conformance with this Article shall be included on the ballot. The choice of "represent myself" shall also be included on the ballot. Employees entitled to vote in such election employed in regular permanent positions within the designated 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 because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on 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 run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off There shall be no more than one 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 American Arbitration Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot.
(RESO. 1868-91; 11-12-91)
6 Section 5 Procedure for Decertification of Recognized Employee 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 Relations Officer only during the following the first full year of recognition or
during the thirty (30) day period commencing one hundred eighty (180) days prior pro dated of day per Demorandan o Underetar 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 or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
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 incumbent Recognized Employee Organization sought to be decertified as the representative of that unit.
c. An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Recognized Employee Organization. Such proof shall be for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section.
An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file Petition under this section in the form of Recognition Petition that evidences proof of employee support of at least thirty (30) percent and otherwise conforms to the requirements of Section 1 of this Article.
The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II.
If his determination is in the negative, he shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization, and, if such determination thereafter remains unchanged. shall return such Petition to the employees employee organization with a statement of the reasons therefor in writing. The petitioning employees organization may appeal such determination in accordance with Section 8 of this Article. If the determination of the Employee Relations Officer is in the affirmative, or if his on a read negative determination is reversed on appeal, he shall give written notice of such Decertification 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 question of decertification, and, if a Recognition Petition was duly filed hereunder, the question of representation.
Such election shall be conducted in conformance with Section 4 of this Article.
Section 6 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 representation based recognized community of
(RESO. 1868-91; 11-12-91)
7 considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:
a. Similarity general work performed, types of
qualifications required, and the general working conditions. b. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.
C. Consistency with the 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 employee-employer relationship of dividing a single or related classifications among two or more units.
Notwithstanding the foregoing provisions of this section, management employees shall only be included in a unit consisting solely of management employees; and such management unit shall not be represented by a Recognized Employee Organization that represents non-management employees of the City; and professional employees shall not be denied the right to be represented in a separate unit from non-professional employees.
The Employee Relations Officer shall, after notice to, and consultation with, employee organizations, allocate new classifications positions, eliminated classifications or positions and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section.
Section 7 Procedure for Modification of Established Appropriate Units Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 5 of this Article. Such requests shall be submitted in the form of a Recognition Petition, and, in addition to the requirements set forth in Section 1 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 6 hereof. The Employee Relations Officer shall process such petitions ag other Recognition Petitions under this Article.
The Employee Relations Officer may on his own motion propose during the period specified in Section 5 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 proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with section 6 of thig Article, and shall give written notice of such determination to the affected employee organizations. The Employee Relationg Officer's determination may be appealed as provided in Section 8 of this Article. If a unit is modified pursuant 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 1 hereof.
Section 8 Appeals
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Article may, within ten (10) days of (RESO. 1868-91; 11-12-91)
8 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, appeal such determination to the City Council for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination or termination of proceedings pursuant to Government Code Sections 3507.1 or 3507.3, whichever is later.
organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Section 1); Challenging Petition (Section 3) or Decertification or Recognition Petition (Section employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Section 5) -- has not been filed in compliance with the applicable provisions of this Article, may, within fifteen (15) days of notice of determination, appeal the determination to the City Council for final Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of discretion, refer the dispute to a
third party hearing process. decision of the City Council on the use of such procedure, and/or any decision of the City Council determining the substance of the dispute shall be final and binding.
(RESO. 1868-91; 11-12-91)
9 ARTICLE III -- ADMINISTRATION
Section 1 Submission of Information by Recognized Employee Organizations All changes in the information filed with the City by a Recognized Employee Organization • under Items a.-k. of its Recognition Petition under Article II, Section 1 of this resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change.
Section 2 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 procedures, shall be limited to activities pertaining directly to the employer-employee relationship and not such internal employee organization 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.
Administrative Rules and Procedures
The City Administrator is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this resolution after consultation with affected employee organizations. (RESO. 1868-91; 11-12-91)
10 ARTICLE IV -- IMPASSE PROCEDURES
Section 1 Initiation of Impasse Procedures
If the meet and confer process has reached impasse as defined in this resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Relations Officer. The purpose of such impasse meeting shall be:
a. Io 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. the dispute not resolved, to discuss arrangements for the ltilization of the impasse procedures provided herein.
Section 2 Impasse Procedures
Impasse procedures are as follow:
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.
Al1 mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.
b. If the parties agreed to submit the impasse directly to the City Council, or if the parties did not agree on mediation or the selection of a mediator, or having so agreed, the impasse has not been resolved through such mediation, 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 3 Costs of Impasse Procedures
The cost for the services of a mediator and fact-finder or chairman of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the City and Recognized Employee Organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs shall be borne by such party.
ARTICLE V -- MISCELLANEOUS PROVISIONS
Section 1 Conatruction
This resolution shall be administered and construed as follows:
a. Nothing in this resolution shall be construed to deny to any person, employee, organization, the City, or any authorized 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 purposes 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 participate in, support, cooperate or encourage, directly or indirectly, any strike, "sick-out" or other total or partial stoppage or slowdown of work. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination (RESO. 1868-91; 11-12-91)
11 and may be deemed to have abandoned their employment; and employee organizations may thereby 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.
section 2 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 provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (RESO. 1868-91; 11-12-91)
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