HomeMy WebLinkAboutCC Resolution 12189 (Employee-Employer Relations)RESOLUTION NO. 12189
RESOLUTION OF THE CITY OF SAN RAFAEL ESTABLISHING:
EMPLOYER-EMPLOYEE RELATIONS,
(and revealing Resolution Nos. 4027 and 4332)
TABLE OF CONTENTS
ARTICLEI - -- GENERAL PROVISIONS.................................................................................................. i
Section1. Title of Resolution......................................................................................................... 1
Section2. Statement of Purpose..................................................................................................... 1
Section3. Definitions...................................................................................................................... 2
Section4. Employee Rights............................................................................................................ 7
ARTICLE II -- REPRESENTATION PROCEEDINGS............................................................................ 8
Section 5. Petition for Recognition................................................................................................. 8
Section 6. City Response to Recognition Petition.......................................................................... 9
Section 7. Open Period for Filing Challenging Petition............................................................... 10
Section 8. Granting Recognition Without an Election..................................................................11
Section 9. Election Procedure....................................................................................................... 11
Section 10. Procedure for Decertification of Exclusively Recognized Employee Organization.... 12
Section11.
Appropriate Unit..........................................................................................................
15
Section 12.
Designation of Municipal Employee Relations Officer ...............................................
16
Section 13.
Procedure for Modification of Established Appropriate Units ....................................
16
Section 14.
Procedure for Processing Severance Requests.............................................................
17
Section15.
Appeals........................................................................................................................
17
ARTICLEIII
— ADMINISTRATION......................................................................................................
18
Section 16.
Submission of Current Information by Recognized Employee Organizations ............
18
Section 17.
Employee Organization Activities Use of City Resources .......................................
18
Section 18.
Administrative Rules and Procedures..........................................................................
19
ARTICLEIV
IMPASSE PROCEDURES............................................................................................
19
Section 19.
Initiation of Impasse Procedure...................................................................................
19
Section 20.
Impasse Procedures......................................................................................................
19
Section 21.
Costs of Impasse Procedures........................................................................................
24
ARTICLE V
MISCELLANEOUS PROVISIONS................................................................................
24
Section 22.
Memorandum of Understanding..................................................................................
24
Section23.
Construction: ................................................................................................................
24
Section24.
Severability..................................................................................................................
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RESOLUTION NO. 12189
RESOLUTION OF THE CITY OF SAN RAFAEL ESTABLISHING:
EMPLOYER-EMPLOYEE RELATIONS
(and renealine Resolution Nos. 4027 and 43321
WHEREAS, Chapter 10, Division 4, Title I of the Government Code of the State of
California, covering employer-employee relations between public employers and their
employees, has been amended from time to time in recent years; and
WHEREAS, Government Code Section 3507 empowers a City to adopt reasonable rules
and regulations after consultation in good faith with representatives of its employee
organizations for the administration of employer-employee relations; and
WHEREAS, the City of San Rafael desires to adopt such reasonable rules and regulations
as authorized by law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY RESOLVE AS FOLLOWS:
ARTICLE I — GENERAL PROVISIONS
Section 1. Title of Resolution
This Resolution shall be known as the Employer -Employee Relations Resolution of the
City of San Rafael.
Section 2. Statement of Purpose
RESOLUTION NO. 12189
This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of
the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations,"
by providing orderly procedures for the administration of employer-employee relations between
the City and its employee organizations. However, nothing contained herein shall be deemed to
supersede the provisions of state law, the City's Charter, 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.
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 and
significantly 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
(or the City Charter). 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
selection for employment; direct its employees; take disciplinary action; relieve its employees
from duty because of lack of work or for other lawful reasons; determine the content of job
classifications; subcontract work; 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 3. Definitions
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RESOLUTION NO. 12189
As used in this Resolution, the following terms shall have the meanings indicated:
A. APPROPRIATE UNIT — means a unit established pursuant to Article II
of this Resolution.
B. CITY — means the City of San Rafael, a municipal corporation, and
where appropriate herein, "City" refers to the City Council, the
governing body of said City, or any duly authorized management
employee as herein defined.
C. CONSULT OR CONSULTATION IN GOOD FAITH — means to
communicate orally or in writing with all affected employee
organizations, whether exclusively or not, for the purpose of presenting
and obtaining views or advising of intended actions in a good faith effort
to reach a consensus; 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
counterproposals with an exclusively recognized employee organization
in an endeavor to reach agreement in the form of a Memorandum of
Understanding, nor is it subject to Article IV hereof.
D. EMPLOYEE — means any person regularly employed by the City except
those persons elected by popular vote.
E. EMPLOYEE, CONFIDENTIAL — means an employee who is privy to
decisions of City management affecting employer-employee relations.
F. EMPLOYEE, MANAGEMENT -- means any employee having
significant responsibilities for formulating and administering City
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RESOLUTION NO. 12189
policies and programs, including but not limited to the chief executive
officer and department heads and their direct assistants.
G. EMPLOYEE, PROFESSIONAL - means employees engaged in work
requiring specialized knowledge and skills attained through completion
of a recognized course of instruction, including, but not limited to,
attorneys, physicians, registered nurses, engineers, architects, teachers,
and various types of physical, chemical, and biological scientists.
H. EMPLOYEE, SUPERVISORY - means any employee having authority,
in the interest of the City, to hire, transfer, suspend, lay off, recall,
promote, discharge, assign, reward, or discipline other employees, or
responsibly to direct them, or to adjust their grievances, or effectively to
recommend such action if, in connection with the foregoing, the exercise
of such authority is not of a merely routine or clerical nature, but requires
the use of independent judgment.
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 employment relations with
the City.
EMPLOYER-EMPLOYEE RELATIONS - means the relationship
between the City and its employees and their employee organization, or
when used in a general sense, the relationship between City management
and employees or employee organizations.
K. IIMPASSE - means that the representatives of the City and a Recognized
Employee Organization have reached a point in their meeting and
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RESOLUTION NO. 12189
conferring in good faith where their differences on matters to be included
in a Memorandum of Understanding, and concerning which they are
required to meet and confer, remain so substantial and prolonged that
further meeting and conferring would be futile.
L. MAJORITY REPRESENTATIVE — means an employee organization, or
its duly authorized representative, that has been granted formal
recognition by the Municipal Employee Relations Officer as representing
the majority of employees in an appropriate unit.
M. MEDIATION AND/OR FACT FINDING — means the efforts of an
impartial third person, or persons, functioning as intermediaries, to assist
the parties in reaching a voluntary resolution to an impasse, through
interpretation, suggestion and advice. Nothing contained herein shall
preclude said mediators from making recommendations to the interested
parties.
N. MEET AND CONFER IN GOOD FAITH (sometimes referred to herein
as "meet and confer" or "meeting and conferring") — means performance
by duly authorized City representatives and duly authorized
representatives of an employee organization recognized as the majority
representative of their mutual obligation to meet at reasonable times and
to confer in good faith regarding matters within the scope of
representation, including wages, hours, and other terms and conditions of
employment, in an effort to: (1) reach agreement on those matters within
the authority of such representatives and (2) reach agreement on what
will be recommended to the City Council on those matters within the
decision making authority of the City Council. This does not require
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RESOLUTION NO. 12189
either party to agree to a proposal or to make a concession, or to continue
to negotiate when either party declares an impasse.
O. MUNICIPAL EMPLOYEE RELATIONS OFFICER — means the City's
principal representative in all matters of employer-employee relations
designated pursuant to Section 12, or his/her duly authorized
representative.
P. PEACE OFFICER — as this term is defined in Section 830, California
Penal Code.
Q. PROOF OF EMPLOYEE SUPPORT - means (1) an authorization card
recently signed and personally dated by an employee, or (2) a 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 six (6)
months prior to the filing of a petition.
R. EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION —
means an employee organization which has been formally acknowledged
by the City as the sole employee organization representing the employees
in an appropriate representation unit pursuant to Article II hereof, having
the exclusive right to meet and confer in good faith concerning statutorily
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RESOLUTION NO. 12189
required subjects pertaining to unit employees, and thereby assuming the
corresponding obligation of fairly representing such employees.
Such recognition status may not be challenged by another employee
organization (1) within twelve (12) months of such recognition and (2)
during a Memorandum of Understanding having a term of up to three (3)
years.
S. RESOLUTION — means, unless the context indicates otherwise, the
Employer -Employee Relations Resolution of the City of San Rafael.
T. SCOPE OF REPRESENTATION — means all matters relating to
employment conditions and employer-employee relations, including, but
not limited to, wages, hours, and other terms and conditions of
employment.
U. DAYS -- means calendar days.
Section 4. EmDlovee Rights
Employees of the City shall have 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 including but not limited to wages, hours, and other terms and
conditions of employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against by the City or by any
employee organization because of his/her exercise of these rights. Nothing contained herein shall
abrogate the rights of an employee organization to formulate and pass its own rules and
regulations relating to membership.
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RESOLUTION NO. 12189
ARTICLE II— REPRESENTATION PROCEEDINGS
Section 5. Petition for Recomnition
An employee organization which seeks to be formally acknowledged as an Exclusively
Recognized Employee Organization representing the employees in an appropriate unit shall file a
petition with the Municipal Employee Relations Officer containing the following information
and documentation:
A. Name and address of the employee organization.
B. Names and titles of its officers.
C. Names of employee organization representatives who are authorized to
speak on behalf of its members.
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 or local of,
or affiliated directly or indirectly in any manner with, a regional or state,
or national or international organization, and, if so, the name and address
of each such regional, state or international 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.
RESOLUTION NO. 12189
H. A statement that the employee organization has no restriction on
membership based on race, color, creed, sex, national origin, age, sexual
orientation, mental or physical disability or medical condition.
I. The job classifications or titles of employees in the unit claimed to be
appropriate and the approximate number of member employees therein.
J. A statement that the employee organization has in its possession proof of
employee support as herein defined to establish that a majority of the
employees in the unit claimed to be 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 Municipal Employee Relations Officer or to a mutually agreed upon
disinterested third party.
K. A request that the Municipal Employee Relations Officer recognize the
employee organization as the majority representative of the employees in
the unit claimed to be appropriate for the purpose of meeting and
conferring in good faith on all matters within the scope of representation.
The Petition, including the proof of employee support and all accompanying
documentation, shall be declared to be true, correct and complete by the duly authorized
officer(s) of the employee organization executing it.
Section 6. Citv Resvonse to Recognition Petition
Upon receipt of the Petition, the Municipal Employee Relations Officer shall determine
whether:
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RESOLUTION NO. 12189
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 10 of this Article II.
If an affirmative determination is made by the Municipal Employee Relations Officer on
the foregoing two matters, he/she 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 determined, the Municipal 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 therefore in writing.
The petitioning employee organization may appeal such determination in accordance
with Section 15 of this Resolution.
Section 7. OUen Period for Filing ChallenQin2 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 exclusively recognized
employee organization of the employees in the same 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 5 of this Article H. If such challenging petition seeks
establishment of an overlapping unit, the Municipal Employee Relations Officer shall call for a
hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit,
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RESOLUTION NO. 12189
at which time the petitioning employee organizations shall be heard. Thereafter, the Municipal
Employee Relations Officer shall determine the appropriate unit or units in accordance with the
standards in Section 10 of this Article II. The petitioning employee organizations shall have
fifteen (15) days from the date notice of such unit determination is communicated to them by the
Municipal Employee Relations Officer to amend their petitions to conform to such determination
or to appeal such determination pursuant to Section 15 of this Article H.
Section 8. Granting Recognition Without an Election
If the proof of support shows that a majority of the employees in the appropriate unit
have designated the petitioning employee organization to represent them, and if no other
employee organization filed a challenging petition, the petitioning employee organization and the
Municipal Employee Relations Officer shall request the California State Mediation and
Conciliation Service, or another agreed upon neutral third party, to review the count, form,
accuracy and propriety of the proof of support. If the neutral third party makes an affirmative
determination, the Municipal Employee Relations Officer shall formally acknowledge the
petitioning employee organization as the Exclusive Recognized Employee Organization for the
designated unit.
Section 9. Election Procedure
The Municipal Employee Relations Officer may arrange for a secret ballot election to be
conducted by a party agreed to by the Municipal Employee Relations Officer and the concerned
employee organization(s), in accordance with such party's 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 II shall be included on the
ballot. The ballot shall also reserve to employees the choice of representing themselves
individually in their employment relations with the City. Employees entitled to vote in such
election shall be those persons employed in regular permanent positions within the designated
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RESOLUTION NO. 12189
appropriate unit as of the date when that unit is determined to be appropriate, 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 Exclusively 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 election.
There shall be no more than one valid election under this Resolution pursuant to any
petition in a twelve (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 California State Mediation and Conciliation Service.
Costs of conducting elections shall be borne in equal shares by the City and by each
employee organization appearing on the ballot.
Section 10. Procedure for Decertification of Exclusively Recognized
Emplovee Organization
A Decertification Petition alleging that the incumbent Exclusively Recognized Employee
Organization no longer represents a majority of the employees in an established appropriate unit
may be filed with the Municipal Employee Relations Officer only during the month of March of
any year following the first full year of recognition or during the thirty (30) day period
commencing one hundred twenty (120) days prior to the termination date of a Memorandum of
Understanding then having been in effect less than three (3) years, whichever occurs later. A
Decertification Petition may be filed by two or more employees or their representative, or an
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RESOLUTION NO. 12189
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
Exclusively Recognized Employee Organization sought to be decertified
as a representative of that unit.
C. An allegation that the incumbent Exclusively 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 Exclusively Recognized Employee
Organization. Such proof shall be submitted for confirmation to the
Municipal 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 a Petition under this Section in the form of a Recognition Petition
that evidences proof of employee support of at least thirty (30) percent, that includes the
allegation and information required under paragraph (C.) of this Section 10, and otherwise
conforms to the requirements of Section 5 of this Article.
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The Municipal Employee Relations Officer shall initially determine whether the Petition
has been filed in compliance with the applicable provisions of this Article II. If his/her
determination is in the negative, he/she 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 or employee organization with a
statement of the reasons therefore in writing. The petitioning employees or employee
organization may appeal such determination in accordance with Section 15 of this Article II. If
the determination of the Municipal Employee Relations Officer is in the affirmative, or if his/her
negative determination is reversed on appeal, he/she shall give written notice of such
Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee
Organization and to unit employees.
The Municipal 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 9 of this Article II.
During the "open period" specified in the first paragraph of this Section 10, the
Municipal Employee Relations Officer may on his/her own motion, when he/she has reasonable
factual basis to believe that a majority of unit employees no longer wish to be represented by the
incumbent Exclusively Recognized Employee Organization, give notice to that organization and
all unit employees that he/she will arrange for an election to determine that issue. In such event
any other employee organization may within fifteen (15) days of such notice file a Recognition
Petition in accordance with this Section 10, which the Municipal Employee Relations Officer
shall act on in accordance with this Section 10.
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RESOLUTION NO. 12189
If, pursuant to this Section 10, a different employee organization is formally
acknowledged as the Exclusively Recognized Employee Organization, such organization shall be
bound by all the terms and conditions of any Memorandum of Understanding then in effect for
its remaining term.
Section 11. Appropriate Unit
The policy objectives in determining the appropriateness of units shall be the effect of a
proposed unit on (1) the efficient operations of the City and its compatibility with the primary
responsibility of the City and its employees to effectively and economically serve the public, and
(2) providing employees with effective representation based on recognized community of
interest 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 of the general kinds of work performed, types of qualifications
required, and the general working conditions.
B. History of representation in the City and similar 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. Effect of differing legally mandated impasse resolution procedures.
E. 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.
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RESOLUTION NO. 12189
F. Effect on the classification structure and impact on the stability of the
employer-employee relationship of dividing a single or related
classifications among two or more units.
Managerial and confidential employees may not represent any employee organization
that represents employees who are not managerial or confidential.
The Municipal Employee Relations Officer shall, after notice to and consultation with
affected employee organizations, allocate new classifications or positions, delete eliminated
classifications or positions, and retain, reallocate or delete modified classifications or positions
from units in accordance with the provisions of this Section. The decision of the Municipal
Employee Relations Officer shall be final.
Section 12. Designation of Municipal Emolovee Relations Officer
The City Council shall designate a Municipal Employee Relations Officer who shall be
the City's principal representative in all matters of employer-employee relations, with authority
to meet and confer in good faith on matters within the scope of representation including wages,
hours and other terms and conditions of employment.
The Municipal Employee Relations Officer so designated is authorized to delegate these
duties and responsibilities.
Section 13. Procedure for Modification of Established Appropriate Units
Requests by employee organizations for modifications of established appropriate units
may be considered by the Municipal Employee Relations Officer only during the period
specified in Section 10 of this Article H. Such requests shall be submitted in the form of a
Recognition Petition and, in addition to the requirements set forth in Section 5 of this Article,
shall contain a complete statement of all relevant facts and citations in support of the proposed
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RESOLUTION NO. 12189
modified unit in terms of the policies and standards set forth in Section 11 hereof. The Municipal
Employee Relations Officer shall process such petitions as other Recognition Petitions under this
Article II.
The Municipal Employee Relations Officer may by his/her own motion propose that an
established unit be modified. The Municipal 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 Municipal Employee Relations Officer shall
determine the composition of the appropriate unit or units in accordance with Section 11 of this
Article II, and shall give written notice of such determination to the affected employee
organizations. The Municipal Employee Relations Officer's determination may be appealed as
provided in Section 15 of this Article. If a unit is modified pursuant to the motion of the
Municipal Employee Relations Officer hereunder, employee organizations may thereafter file
Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for
such new appropriate unit or units pursuant to Section 5 hereof.
Section 14. Procedure for Processing Severance Requests
An employee organization may file a request to become the recognized employee
organization of a unit alleged to be appropriate that consists of a group of employees who are
already a part of a larger established unit represented by another recognized employee
organization. The timing, form and processing of such requests shall be as specified in Section
13 for modification requests.
Section 15. Appeals
An employee organization aggrieved by an appropriate unit determination of the
Municipal Employee Relations Officer; or an employee organization aggrieved by a
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RESOLUTION NO. 12189
determination of the Municipal Employee Relations Officer that a Recognition Petition (Section
5), Challenging Petition (Section 7), Decertification Petition (Section 8), Unit Modification
Petition (Section 9); or employees aggrieved by a determination of the Municipal Employee
Relations Officer that a Decertification Petition (Section 10) has not been filed in compliance
with the applicable provisions of this Article, may, within ten (10) days of notice of the
Municipal Employee Relations Officer's final decision, request to submit the matter to mediation
by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such
determination to the City Council for final decision within fifteen (15) days of notice of the
Municipal Employee Relations Officer's determination or the termination of mediation
proceedings, whichever is later.
Appeals to the City Council shall be filed in writing with the City Clerk, and a copy
thereof served on the Municipal Employee Relations Officer. The City Council shall commence
to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in
its discretion, refer the dispute to a third party hearing process. Any 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.
ARTICLE III — ADMINISTRATION
Section 16. Submission of Current Information by Recognized Emplovee
Organizations
All changes in the information filed with the City by an Exclusively Recognized
Employee Organization under paragraphs (A.) through (K.) of its Recognized Petition under
Section 5 of this Resolution shall be submitted in writing to the Municipal Employee Relations
Officer within thirty (30) days of such change.
Section 17. Emnlovee Organization Activities - Use of Citv Resources
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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 Memorandum of Understanding and/or administrative procedures,
shall be limited to lawful activities consistent with the provisions of this Resolution that pertain
directly to the employer-employee relationship and not such internal employee organization
business as soliciting membership, campaigning for office, organization of meetings and
elections, and shall not interfere with the efficiency, safety and security of City operations.
Section 18. Administrative Rules and Procedures
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.
ARTICLE IV — IMPASSE PROCEDURES
Section 19. Initiation of Imvasse Procedure
If the meet and confer process has reached impasse as defined in Section 3 of 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 issues. An
impasse meeting shall then be scheduled promptly by the Municipal Employee Relations Officer.
The purpose of such meeting shall be:
A. To review the position of the parties in a final effort to reach agreement
on a Memorandum of Understanding; and
B. If the impasse is not resolved, to discuss arrangements for the utilization
of the impasse procedures provided herein.
Section 20. Impasse Procedures
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Impasse procedures are as follows:
A. If the parties agree to submit the dispute to mediation, and agree on the
selection of a mediator, the dispute shall be submitted to mediation. All
mediation proceedings shall be private. The mediator shall make no
public recommendation, nor take any public position at any time
concerning the issues.
B. If the parties fail to agree to submit the dispute to mediation or fail to
agree on the selection of a mediator, or fail to resolve the dispute through
mediation within fifteen (15) days after the mediator commenced
meeting with the parties, the parties may agree to submit the impasse to
fact finding.
C. If the parties agree on fact finding, they may agree on the appointment of
one or more fact finders. If they fail to so agree on one or more fact
finders, a fact finding panel of three (3) shall be appointed in the
following manner: one member of the panel shall be appointed by the
Employee Relations Officer, one member shall be appointed by the
Exclusively Recognized Employee Organization, and those two shall
name a third, who shall be the chairperson. If they are unable to agree
upon a third, they shall select by agreement the third member from one or
more lists of seven (7) names of individuals having fact finding
experience in the municipal sector to be provided by the California State
Mediation and Conciliation Service.
D. The following constitute the jurisdictional and procedural requirements
for fact finding:
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(1) The fact finders shall consider and be guided by applicable federal
and state laws (and Charter provisions).
(2) Subject to the stipulations of the parties, the fact finders shall
determine and apply the following measures and criteria in arriving
at their findings and recommendations:
(a) First, as relevant to the issues in dispute, the fact finders
shall compare the total compensation, hours and conditions
of employment of the employees involved in the fact
finding proceeding with the total compensation, hours and
conditions of employment of other employees performing
similar services in public and private employment in the
same and comparable communities. "Total compensation"
shall mean all wage compensation, including but not
limited to premium, incentive, standby, out -of -class and
deferred pay; all paid leave time; all allowances, including
but not limited to educational and uniform benefits; and
employer payments for all health, welfare and pension
benefits.
(b) The fact finders shall then adjust the results of the above
comparisons based on the following factors:
(i) The compensation necessary to recruit and retain
qualified personnel.
(ii) Maintaining compensation relationships between
job classifications and positions within the City.
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RESOLUTION NO. 12189
(iii) The pattern of change that has occurred in the total
compensation of the employees in the unit at
impasse as compared to the pattern of change in the
San Francisco -Oakland -San Jose Area All Urban
Consumer Index as published by the Bureau of
Labor Statistics for goods and services, and the
pattern of change in wages and compensation of
other wage earners.
(c) The fact finder(s) shall then determine preliminary
recommendations based on the comparisons as adjusted
above which, however, shall be reduced as appropriate
based on the financial resources of the City to implement
them. In assessing the City's financial resources, the fact
finder(s) shall be bound by the following:
(i) Other legislatively determined and projected
demands on agency resources, i.e., budgetary
priorities as established by the governing body; and
(ii) Allowance for equitable compensation increases for
other employees and employee groups for the
corresponding fiscal period(s); and
(iii) Revenue projections not to exceed currently
authorized tax and fee rates for the relevant fiscal
year(s); and
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(iv) Assurance of sufficient and sound budgetary
reserves; and
(v) Constitutional, statutory (and charter) limitations on
the level and use of revenues and expenditures.
(3) The fact finders shall make written findings of fact, and advisory
recommendations for the resolution of the issues in dispute, which
shall be presented in terms of the criteria, adjustments, and
limitations specified above. Any member of a fact finding panel
shall be accorded the right to file dissenting written findings of fact
and recommendations. The fact finder or chairperson of the fact
finding panel shall serve such findings and recommendations on
the Municipal Employee Relations Officer and the designated
representative of the Exclusively Recognized Employee
Organization.
E. If these parties have not resolved the impasse within ten (10) days after
service of the findings and recommendations upon them, the fact finder
or the chairperson of the fact finding panel shall make them public by
submitting them to the City Clerk for consideration by the City Council
in connection with the Council's legislative consideration of the impasse.
F. In accordance with Government Code Section 3505.4, if the parties did
not agree on mediation or the selection of a mediator and did not agree
on fact finding, or having so agreed, the impasse has not been resolved,
the City Council may 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.
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Section 21. Costs of Impasse Procedures
The cost for the services of a mediator and fact finder or chairperson 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 Exclusively 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 22. Memorandum of Understanding
When the meeting and conferring process is concluded between the City and a formally
recognized employee organization representing a majority of the employees in an appropriate
unit, all agreed upon matters shall be incorporated in a written Memorandum of Understanding
signed by the duly authorized City and majority representatives. As to those matters within the
authority of the City Council, the Memorandum of Understanding shall be submitted to the City
Council for determination, and those matters within the authority of the recognized employee
organization for determination. If either party rejects said Memorandum of Understanding,
impasse procedures shall be initiated pursuant to Section 19.
Section 23. Construction:
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 (or City Charter provisions).
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B. This Resolution shall be interpreted so as to carry out its purpose as set
forth in Article I.
C. Nothing in this Resolution shall be construed as making the provisions of
California Labor Code Section 923 applicable to City employees or
employee organizations, or of giving employees or employee
organizations the right to 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 otherwise provided by legally preemptive state or contrary
local law. In the event employees engage in such actions, they shall
subject themselves to discipline up to and including termination, and may
be replaced, to the extent such actions are not prohibited by preemptive
law; and employee organizations may thereby forfeit rights accorded
them under City law or contract.
Section 24. 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.
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RESOLUTION NO. 12189
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City held on Monday, the 5th day of February, 2007, by the following vote, to
wit:
Ayes: COUNCILMEMBERS
Noes: COUNCILMEMBERS:
Absent: COUNCILMEMBERS:
39716.5 SA026-004
Heller, Miller, Phillips and Mayor Boro
None
Cohen
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JEANNE M. LEONCINI , City Clerk