1 2
3 4 RESOLUTION NO. 4506
5 A RESOLUTION OF THE CITY OF MANHATTAN BEACH,
6 CALIFORNIA, APPROVING AND ADOPTING
AN EMPLOYER-EMPLOYEE ORGANIZATION RELATIONS RESOLUTION
7 THE CITY COUNCIL OF THE CITY OF MANHATTAN BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
8 ARTICLE I. GENERAL PROVISIONS
Sec. 1. Statement of purpose.
10 This Resolution implements Chapter 10, Division 4, Title 1 11 of the Government Code of the State of California (Sections 3500 et seg.) captioned "Local Public Employee organizations, " by 12 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 and civil service system, or which provide for other methods of administering employer-employee relations. This Resolution is intended, instead, to strengthen merit, civil service 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. 18 It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee 19 Organizations directly affect and
primarily involve the wages, hours and other terms and conditions 20 of employment of employees in appropriate units and that are not preempted by Federal or State law. However, nothing herein shall 21 be construed to restrict any legal or inherent exclusive City rights with respect to matters general legislative or
22 managerial policy.
23 Sec. 2. Definitions.
24 As used ih this Resolution, the following terms shall have the meanings indicated:
25 "Appropriate Unit" means a unit of employee classes or 26 positions, established pursuant to Article II hereof. 27 b. "City" means the City of Manhattan Beach, and where appropriate herein, refers to the City Council or any duly 28 authorized City representative as herein defined.
29 "Confidential Employee" means an employee, who, in the course of his to information
the city's administration of employer-employee
30 relating to
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1 "Consult/Consultation in Good Faith" means to
2 in writing for the purpose of
presenting and obtaining views or advising of intended
3 actions; and, as distinguished from meeting and conferring faith regarding matters within the required scope
4 of such meet and confer process, does not involve an
exchange of proposals and counterproposals in an endeavor 5 agreement, nor is it subject to Article IV
6 "Day" means calendar day unless expressly dated
7 otherwise.
8 f. "Employee Relations Officer" means the City Manager or his/her duly authorized representative.
9 "Employee Organization" means any organization which
10 includes employees of the City and which has as one of its primary purposes representing such employees in their
11 relations with the City.
12 "Exclusively Recognized Employee Organization" means an employee organization which has been formally
13 acknowledged (after an election) by the City as the sole employee organization that represents the employees in an 14 appropriate representation unit pursuant to Article II 15 i. "Impasse" means that the representatives of the City 16 and a Recognized Employee Organization have reached
point in their meeting and conferring in good faith where 17 their differences on matters to be included in a
Memorandum of Understanding, and concerning which they are 18 required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be
19 futile.
j. "Management Employee" means an employee having
20 responsibility for formulating, administering, or managing 21 the implementation of City policies or programs.
"Meet and Confer in Good Faith" means that a public
22 agency or such representatives as it may designate and 23 representatives of recognized employee organizations shall have the mutual obligation personally to meet and confer 24 promptly upon request by either party and continue for a reasonable period of time in order to exchange freely
25 nformation, opinions, and proposals and to endeavor tr each agreement on matters within the scope o1
representation. The obligation to meet and confer in good 26 faith does not compel the representatives of either party to agree to a proposal or to make a concession.
27 28
29 30
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Res. 4506
1 "Proof of Employee Support" means (1) an authorization 2 card recently signed
or (2) a verified authorization petition or petitions
3 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
5 deduction authorizations for more than one employee
organization for the account of any one employee shall not 6 be considered as proof of employee support for any
employee organization. The only authorization which shall 7 be considered as proof of employee support hereunder
last signed by an employee.
8 "recently signed" shall mean within one hundred
eighty (180) days prior to the filing of a petition.
9 M. "Professional Employee" means any employee engaged in 10 work requiring specialized knowledge and skills attained through completion of a recognized course of instruction. 1l n. "Recognized Employee Organization" means an employee organization which has been formally acknowledged by the 12 City as the employee organization represents the
13 employees in an appropriate representation unit pursuant to Article II hereof.
14 "Supervisory Employee" means any employee having
authority, in the interest of the City, to hire, transfer, 15 suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility 16 to direct, or to adjust their grievances, or effectively to recommend such action, if, in connection with the
17 foregoing, the exercise of such authority is not a
routine or clerical nature, but requires the use
18 independent judgement.
19 ARTICLE II -- REPRESENTATION PROCEEDINGS
20 Sec. 3. Filing of Recognition Petition by Employee
Organization.
21 An employee organization that seeks to be formally
22 acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appropriate unit fricar containing the 23 petition with the Employee Relations Officer containina the following intormation and documentation:
24 a. Name and address of the employee organization.
25 b. Names and titles of its officers.
26 c. Names of employee organization representatives who are 27 authorized to speak on behalf of the organization.
28 d. A statement that the employee organization has, as one of its primary purposes, representing employees in their 29 employment relations with the City.
30 e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any 31 manner, with a local, regional, state, national, or
international organization, and, if so, the name and
32 address of each such other organization.
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Res. 4506
1 f. Certified copies of the employee organization's
constitution and by-laws.
2 g. A designation of those persons, not exceeding two in 3 number, and their addresses, to whom notice sent by
regular United States mail will be deemed sufficient
4 notice on the employee organization for any purpose.
5 A statement that the employee organization has no
restriction on membership based on race, color, creed,
6 sex, national origin, age, marital status, medical
condition, political affiliation, or physical disability. 7 i. The job classifications or titles of employees in the 8 unit claimed to be appropriate and approximate number of employees therein.
9 j. A statement that the employee organization has in its 10 possession proof of employee support as herein defined to establish that a majority of the employees in the unit
11 claimed to be appropriate have designated the employee organization to represent them in their employment
12 relations with the City. Such written proof shall be submitted for confirmation to the Emplovee Relations
13 Officer.
14 k. A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized 15 Employee Organization representing the employees
unit claimed to be appropriate for the purpose of meeting and conferring in good faith.
16 The Petition, including the proof of employee support 17 all accompanying documentation, shall be declared to be true, 18 correct and complete, under penalty of perjury by the duly authorized officer(s) of the employee organization executing it. 19 Each City employee shall have the right to form, join, and participate in the activities of employee organizations of 20 his/her own choosing for the purpose of representation on all matters of employer-employee relations. Each City employee 21 shall also have the right to refuse to join or participate in 22 the activities of employee organizations and shall have the right to represent himself/herself individually in his/her 23 employment relations with the City.
24 Notwithstanding the foregoing paragraph, the City Council hereby designates the classifications and positions comprising 25 the sworn Police Unit as having duties consisting primarily of and employees in
enforcement of State and local lawslimited to forming,
26 classifications and positions
joining, participating and being represented by employee 27 organizations which are composed solely of such law enforcement employees, and which are not subordinate to any other
28 organization.
29 No person shall interfere with, intimidate, restrain, coerce, or discriminate against any employee because of his/her 30 exercise of any of these rights.
31 Sec. 4. City Response to Recognition Petition.
32 Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
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1 There has been compliance with the requirements of the • Recognition Petition, and
2 The proposed representation unit is an appropriate
3 unit in accordance with Sec. 8 of this Article II.
4 If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so 5 inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the 6 unit, and shall take no action on said request for thirty (30) thereafter. If either of the foregoing matters are not
7 affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee 8 organization, and if such determination thereafter remains inform that organization of the reasons
9 in writing. The petitioning employee organization may appeal such determination in accordance with Sec. 10 of this Resolution.
10 1l Sec. 5. Open Period for Filing Challenging Petition. 12 Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition 13 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 14 employees in the same or in an overlapping unit lone which 15 corresponds with respect to some but not all the classifications or positions set forth in the recognition petition
challenged), by filing a petition evidencing proof of employee 16 support in the unit claimed to be appropriate of at least thirty 17 (30) percent and otherwise in the same form and manner forth in Sec. 3 of this Article II. such challenging
18 petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such 19 overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee 20 organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units 21 in accordance with the standards in Sec. 8 of this Article II.
The petitioning employee organizations shall have fifteen (15) 22 from the date notice of such unit determination is
communicated to them by the Employee Relations Officer to amend 23 petitions to conform to such determination or appeal such determination pursuant to Sec. 10 of this Article II.
24 Sec. 6. Election Procedure.
25 The Employee Relations Officer shall arrange for a secret 26 ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee
27 organization(s), in accordance with its rules and procedures subject to the provisions of this Resolution. All employee 28 organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be 29 included on the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in 30 such election shall be those persons employed in regular permanent positions within the designated appropriate unit who 31 were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before
32 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 Res. 4506
formally acknowledged as the Exclusively Recognized Employee 1 Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority 2 of all valid votes cast in the election. In an election involving three or more choices, a choice receiving a plurality 3 shall prevail.
4 There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period 5 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 7 conducted by the State Conciliation Service.
8 Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing 9 on the ballot.
10 Sec. 7. Procedure for Decertification of Recognized
Employee Organization.
11 A Decertification Petition alleging that the incumbent 12 Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established 13 appropriate unit may be filed with the Employee Relations Officer only during the month of January of any year following 14 the first full year of recognition or during the thirty (30) day period commencing one hundred eighty (180) days prior to the 15 termination date of a Memorandum of Understanding then in effect, whichever occurs later. A Decertification Petition may 16 be filed by two or more employees or their representative, or an employee organization, and shall contain the following
17 information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct, and 18 complete:
19 a. The name, address, and telephone number of the
petitioner (s) and the designated representative(s)
20 authorized to receive notices or requests for further information.
21 The name of the established appropriate unit and of
22 the incumbent Exclusively Recognized Employee Organization sought to be decertified as the representative of that
23 unit.
24 Recognized Employee Organization no longer represents a An allegation that the incumbent Exclusively 25 najority of the employees in the appropriate unit,
ther relevant and material facts relating thereto.
26 a. Proof of employee support that at least thirty (30) 27 percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent 28 Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee
29 Organization. Such proof shall be submitted for
confirmation to the Employee Relations Officer or to a
30 mutually agreed upon disinterested third party within the ime limits specified in the first paragraph of this
section.
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1 An employee organization may, in satisfaction of the
Decertification Petition requirements hereunder, file a Petition under this section in the form of a Recognition
evidences proof of employee support of at least thirty (30) 3 percent and otherwise conforms to the reguirements of Section 3 oi this Article.
4 The Employee Relations Officer shall initially determine 5 whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his/her
6 determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees 7 or employee organization, and, if such determination thereafter remains unchanged, shall return such Petition to the employees 8 or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee 9 organization may appeal such determinațion in accordance with Sec. 10 of this Article II. If the determination of the 10 Employee Relations Officer is in the affirmative, or if his/her negative determination is reversed on appeal, he/she shali give 11 written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization 12 and to unit employees.
13 The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about thirty (30) days 14 after such notice to determine the wishes of unit employees as to the question of decertification, and, if a Recognition 15 Petition was duly filed hereunder, the question of
representation. shall be conducted in conformance
16 with Sec. 6 of this Article II.
17 The City Council may suspend or withdraw any and all privileges, subject to state statutory and case law, afforded to 18 the recognized employee organization if the City Council finds that the representatives or members of the organization have 19 engaged in, caused, instigated, encouraged, or condoned a work stoppage of any kind. in this section, "work stoppage"
20 means the concerted failure to report to duty, the willful one's position, the stoppage of work, or the
21 abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose 22 oi inducing, influencing, or coercing a change in the conditions of compensation or the rights, privileges, or obligations of 23 employment.
24 Sec. 8. Policy and Standards for Determination of
Appropriate Units.
25 The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based
community of interest consideration. 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:
31 a. Similarity of the general kinds of work performed, types of qualifications required, and the general working 32 conditions.
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History of representation in the City and similar
employment; except, however, that no unit shall be deemec to be an appropriate unit solely on the basis of the
1 extent to which employees in the proposed unit have
organized.
2 Consistency with the organizational patterns of the
3 City.
4 Number of employees and classifications, and the
effect on the administration of employer-employee
5 relations created by the fragmentation of classificatior and proliferation of units.
e. Effect on the classification structure and impact on 7 the stability of the employer-employee relationship of dividing a single or related classification among two or 8 9 Notwithstanding the foregoing provisions of this Section (except as provided in the appropriate M.O.U.), management and 10 confidential employees shall not be included in any unit containing non-management and confidential employees, and 11 unit' shall not be represented by a Recognized Employee Organization that represents non-supervisory employees of the 12 City; and professional employees shall not be denied the right to be represented in a separate unit from non-professional 13 employees.
14 The Employee Relations Officer shall, after
consultation with affected employee organizations, allocate new 15 classifications or positions, delete eliminated classifications or positions, and retain, reallocate, or delete modified 16 classifications or positions from units in accordance with the provisions of this Section.
17 Sec. 9. Procedure for Modification of Established
18 Appropriate Units.
19 Requests by employee organizations for modifications of established appropriate units may be considered by the Employee 20 Relations Officer only during the period specified in Sec. 7 of this Article II. Such requests shall be submitted in the form 21 of Recognition Petition, in addition to the requirements set forth in Sec. 3 of this Article, shall contain a complete 22 statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards 23 set forth in Sec. 8 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions 24 under this Article II.
The Employee Relations Officer may, on his/her own motion, 25 propose during the period specified in Sec. 7 of this Article or during the course of meet and confer that an established unit be 26 The Employee Relations Officer shall given written
modified.
notice of the proposed modification(s) to any affected employee 27 concerning the proposed
organization and shall hold
modification(s), at which time all affected employee
28 organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit 29 in accordance with Sec. 8 of this Article II, and
give written notice of such determination to the affected 30 employee organizations. The Employee Relations Officer's determination may be appealed as provided in Sec. 11 of this 31 If a unit is modified pursuant to the motion of the
Article.
Employee Relations Officer hereunder, employee organizations may 32 thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units pursuant to Sec. 3 hereof.
Res. 4506
1 Sec. 10. Procedure for Affiliation or Disaffiliation
2 Requests by employee organizations for affiliation or disaffiliation of established appropriate units may be
3 considered by the Employee Relations Officer only during the period specified in Sec. 7 of this Article II. Such requests 4 shall be submitted in the form of Recognition Petition, and, in addition to the requirements set forth in Sec. 3 of this 5 Article, shall contain a complete statement of all relevant facts and citations in support of the proposed affiliated or 6 disaffiliated unit in terms of the policies and standards set in Sec. 8 hereof. The Employee Relations Officer shall
7 petitions as other Recognition Petitions
Article II.
8 Sec. 11. Appeals.
9 An employee organization aggrieved by appropriate unit 10 determination of the Employee Relations Officer under this Article II may, within ten (10) days of notice thereof, request the intervention of the California State Conciliation Service 11 pursuant to Government Code Sections 3507.1 and 3507.3, or may, 12 in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen (15) days of notice of the Employee Relations Officer's determination or the 13 termination of
proceedings pursuant to Government Code Sections
14 3507.1 or 3507.3, whichever is later.
15 An employee organization aggrieved by a determination of Relations Officer that a Recognition Petition (Sec.
3), Challenging Petition (Sec. 5), Decertification of
16 Recognition Petition (Sec. 7), Modification Petition (Sec. 9) or Affiliation Petition (Sec. 10), has not been filed compliance 17 with the applicable provisions
of this Article, may, within
18 fifteen (15) days of notice of such determination, appeal the determination to the City Council for final decision.
19 Appeals to the City Council shall be filed in writing with 20 the City Clerk, and a copy thereof Employee
Relations Officer. The City Council shall commence to consider 21 the matter within thirty (30) days of the filing of the appeal.
The City Council may, in its discretion, refer the dispute to a 22 third party hearing process. Any decision of the City Council on the use of such procedure, and/or any decision of the City 23 Council determining the substance of the dispute shall be final and binding.
24 A decision of the City Council is final and binding for 25 purposes of exhaustion of administrative remedies.
provisions of Code of Civil Procedure 1094.6 apply to such 26 decisions.
27 ARTICLE III -- ADMINISTRATION
28 Sec. 12. Submission of Current Information by Recognized Employee Organizations.
29 All changes in the information filed with the City by an 30 Exclusively Recognized Employee Organization under items a. through h. of under Sec. 3 of this
31 Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. 32 - 9-
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1 Sec. 13. Payroll Deductions on Behalf of Employee
Organizations.
2 Upon formal acknowledgment by the City of an exclusively 3 Recognized Employee Organization under this Resolution, only such Exclusively Recognized Employee Organization may be 4 provided payroll deductions of membership dues upon the written authorization of employees in the unit represented by the 5 Exclusively Recognized Employee Organization on forms provided therefore by the City. of such. service to the
6 Exclusively Recognized Employee Organization by the City shall be contingent upon and in accordance with the provisions of 7 Memoranda of Understanding an/or applicable administrative procedures.
8 Sec. 14. Employee Organizations Activities - Use of City Resources.
10 Access to City work locations and the use of City paid facilities, equipment, and other resources by employee
11 organizations and those representing them shall be authorized only to the extent provided for in the Memorandum of
12 Understanding, administrative procedures, or as special authorization granted by the affected department head, and shall 13 be limited to activities pertaining directly to the
employer-employee relationship and not such internal employee 14 organization business as soliciting membership, campaigning for organization meetings and elections, and shall not
15 interfere with the efficiency safety, and security of City operations.
16 The internal business of any employee organization,
17 including but not limited to such matters as the solicitation of memberships, collection of money, and the election of officers 18 shall not be performed during the working hours of the affected City employees unless otherwise authorized by the affected 19 department head.
20 Not more than three City employees (unless otherwise agreed by the City) who have been designated as the
21 representatives of a Recognized Employee Organization shall be allowed a reasonable amount of time off without loss of 22 compensation or other benefits for the purpose of attending a meeting with the authorized representative of the City if the 23 meeting is scheduled to be held during working hours. 24 Sec. 15 Emergency City Council Action
25 In cases of emergency, when the City Council determines that an ordinance, resolution, or rule must be acted upon 26 immediately without prior notice of those recognized employee organizations whose members are affected by it, notice of the 27 action taken on the ordinance, resolution or rule shall be mailed to each such recognized employee organization.
28 notice shall specify that the representatives of each such recognized employee organization shall have an opportunity to be 29 heard with reference to the ordinance, resolution, or rule at the next regular meeting of the City Council.
30 Sec. 16. Administrative Rules and Procedures.
31 The City Manager 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.
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If the representatives of recognized employee organization desire to meet with the City Manager, they shall make their 1 request in writing and specify the matters to be discussed.
Upon the receipt of the request, a mutually satisfactory time 2 and place shall be arranged for the meeting. Only those matters specified in the notice may be discussed at the meeting. Other 3 matters may be discussed by mutual consent of all of the representatives present.
4 If agreement is reached with respect to any matter
5 considered at any meeting, the City Manager, and the
representatives of the recognized employee organization shall jointly prepare a written memorandum of such understanding which not be binding and shall present it to the City Council 7 for determination.
8 The City Manager need not meet with the representatives of any recognized employee organization to consider:
9 a. Issues of public policy;
10 b. The merits, necessity, or organization of any
11 department, service, or activity provided by the City pursuant to law or ordinance;
12 Matters which relate to the management of the City or 13 the direction of its work force, including the right to direct employees, to hire, promote, transfer, assign or 14 retain employees, or suspend, demote, discharge, or take proper disciplinary action against employees, maintain the 15 efficiency of the operation of the City government, and take any actions necessary to meet conditions of an
16 emergency nature.
17 The City Manager need not meet with the representatives of any recognized employee organization to consider the personal 18 grievance of an individual employee or group of employees until the procedure for the resolution of grievances provided for in 19 the Rules and Regulations for the administration of the Civil Service System of said City has been completed.
20 After consultation in good faith with representatives of 21 affected recognized employee organizations, the City Manager may, from time to time, recommend to the City Council the 22 adoption of such ordinances, rules, or regulations as may "be necessary or desirable to facilitate the administration of 23 employer-employee relations.
24 ARTICLE IV -- IMPASSE PROCEDURES
25 Sec. 17. Initiation of Impasse Procedures.
26 If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the 27 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 28 be scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shall be:
29 30 a. To identify and specify in writing the issue or issues that remain in dispute; and,
31 To review the position of the parties in a final
effort to resolve such disputed issue or issues.
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1 If agreement is not reached with respect to any matter, he representatives of the recognized employee organization ma 2 ile with the City Council a written statement of
organization's position with reference to that matter. The City 3 Manager may also with the City Council a written statement of his/her position with reference to that matter. Before 4 determining the issue, The City Council shall fix a time and place to receive any additional pertinent information that may 5 be orally presented to it.
6 ARTICLE V -- MISCELLANEOUS PROVISIONS
7 Sec. 18. Construction.
8 This Resolution shall be administered and construed as follows:
9 Nothing in this Resolution shall be construed to deny 10 to any person, employee, organization, the City, or any authorized officer, body, or other representative of
11 the rights, powers, and authority granted by Federal or State law (or City Charter provisions).
12 This Resolution shall be interpreted so as to carry
out its purposes as set forth in Article
13 14 Nothing in this Resolution shall be construed as
making the provisions of California Labor Code Section 923 15 applicable to City employees or employee organizations, of giving employees or employee organizations right to
16 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
17 employees engage in such actions, they shall subject themselves to discipline up to and including • termination 18 and may be deemed to have abandoned
their employment.
19 Sec. 19. Acknowledgement of Existing Employee
Organizations and Representation Units.
20 The City formally acknowledges that, at the time of
21 adoption of this Resolution:
22 a. The City shall conduct an election pursuant to Section 23 6 to determine the Exclusively Recognized Employee
Organization for full-time job classifications in the
24 miscellaneous group (except management/confidential) between SEIU/CLOCEA, Teamsters, and "no representation".
Sections 3, 4, and 5 shall not apply to this election.
25 b. Within thirty (30) days of the adoption of this
26 Resolution by the City Council, the City shall conduct an 27 election for ratification of exclusive recognition in the sworn police and sworn fire units. Such ratification
elections shall not be subject to the provisions of
28 Article II of this Resolution.
29 30
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1 Sec. 20. Management and Confidential Employees.
2 Various positions are hereby designated management and confidential positions listed the Resolution
3 establishing and describing the administrative organization of the city Government; creating various classes of
4 positions, and providing for the rate of compensation therefore.
5 Such management and confidential employees shall not
6 represent any employee organization which represents other employees of the City in matters relating to employment 7 conditions and employer-employee relations including but not limited to wages, hours, and other terms and conditions of 8 employment. Nor shall such management and confidential employees participate as observers in any meet and confer or 9 meet and consult process involving an employee organization which represents other employees.
10 Sec. 21. Severability.
11 If any provision of this Resolution or the application 12 of such provision any person circumstance, shall be
held invalid, remainder of this Resolution, or the
application of such provision to persons or circumstances 13 other than those as to which it is held invalid, shall not be 14 affected thereby.
15 Sec. 22. City Clerk Action.
16 The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the Book of Resolutions of said City; and shall cause the action of the 17 City Council in adopting the same to be entered in the official minutes of said City Council.
18 19 PASSED, APPROVED and ADOPTED this 19th day of July, 1988.
20 Ayes: Barnes, Collins, Holmes, Sieber & Mayor Dougharty Noes:
21 Attest:
Abstain:
22 23
24 ATTEST:
25 26
timate, I Fellgien
27 ity Clexk
28 29
30 31
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1 2
3 4
STATE OF CALIFORNIA
5 COUNTY OF LOS ANGELES SS.
6 CITY OF MANHATTAN BEACH )
7 8 I, TIMOTHY J. LILLIGREN, City Clerk of the City of
9 Manhattan Beach, California, do hereby certify that the whole 10 number of members of the City Council of said City is five; 11 that the foregoing resolution, being Resolution
12 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting
13 14 of said Council, duly and regularly held on the _ day of July — 1988 _ and that the same was so
15 16 passed and adopted by the following vote, to wit:
AYES: Barnes, Collins, Holmes, Sieber & Mayor Dougharty 17 NOES: None
18 ABSENT: None
19 ABSTAIN: None
20 21
IN WITNESS WHEREOF, I have hereunto subscribed my name
22 and affixed the official seal of said City this 21st 23 day of July A.D., 19 88
24 25
26 linet Zell the cigren
city
27 Beach, California
28 29
(SEAL)
30 31
32