Loading...
HomeMy WebLinkAboutCC Resolution 4332RESOLUTION NO. 4332 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING RULES r AND REGULATIONS TO IMPLEMENT THE t +� EMPLOYER-EMPLOYEE RELATIONS PROCEDURE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE: SECTION 1. Statement of Purpose. The purpose of these Rules and Regulations is to implement the EMPLOYER-EMPLOYEE RELATIONS RESOLUTION (hereinafter referred to as the "Resolution"), and also Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) SECTION 2. Definitions. A. The terms used in these Rules and Regulations, which are defined in Section 3 of the Resolution, shall have the same meaning as set forth therein. B. DAYS - means "calendar days" exclusive of Saturday, Sunday and holidays unless otherwise stated. C. MANAGEMENT AND CONFIDENTIAL EMPLOYEE means a department head, his chief deputy, and employee classifications and/or other persons who are in a confidential relationship to management may be so designated by the City Council, after consultation in good faith with employee representatives. SECTION 3. Rule 1 - Representation Proceedings. A. FORMAL RECOGNITION AS THE MAJORITY REPRESENTATIVE IN AN APPROPRIATE UNIT. (1) An employee organization that seeks formal recognition as the majority representative in an appropriate unit shall file a Petition for Recognition with the Municipal Employee Relations Officer containing all of the information set forth in Section 8 A. of the Resolution accompanied by written proof that at least 30% 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; provided, however, the em- ployee organization may request that such written proof be submitted to a mutually agreed upon disinterested third party. Upon receipt of the Petition for Recognition, the Municipal Employee Relations Officer shall determine whether: (a) there has been compliance with the requirements of the Petition for Recognition, and (b) the proposed unit is an appropriate unit. If an affirmative determination is made by the Municipal Employee Relations Officer on the foregoing two matters, he shall give written notice of such request for formal recognition to the employees in the unit within ten (10) days and shall take no action on said request for thirty (30) days thereafter; if either of the foregoing matters is not affirmatively determined, the Municipal Employee Relations Officer shall inform the em- ployee organization of the reasons therefor in writing within ten (10) days. ORIGI 1A1 RESOLUTION NO. 4332 (2) Within 30 days of the date notice to employees is given, any other employee organization (hereinafter referred to as the "challenging organization") may seek formal recognition in an overlapping unit by filing a Petition for Recognition, provided, however, such challenging organization must submit written proof that it represents at least 30% of the employees in such unit. The Municipal Employee Relations Officer shall hold a hearing on such overlapping Petitions, at which time all affected employee organizations shall be heard. Thereafter, the Municipal Employee Relations Officer shall determine the appropriate unit or units as between such proposed overlapping units in accordance with the criteria set forth in Section 9 of the Resolution No.. 402.7,. (3) If the written proof submitted by the employee organization in the unit found to be appropriate establishes that it represents more than 50% of the employees in such unit, the Municipal Employee Relations Officer may, in his discretion, grant formal recognition to such employee organization without a secret ballot election. (4) When an employee organization in the unit found to be appropriate submits written proof that it represents at least 30% of the employees in such unit, and it does not qualify for or has not been granted recognition pursuant to Sub -Section (3) above, the Municipal Employee Relations Officer shall arrange for a secret ballot election to be conducted by the City Clerk (or such other method normally used by the City to conduct an election), the California State Conciliation Service, the American Arbitration Association, or some agreed upon third party. All challenging organizations who have submitted written proof that they represent at least 30% of the employees in the unit found to be appropriate, and have submitted a Petition for Recognition as required by Section 8 of the Resolution, shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those full -ti -me parsons+regularly employed within the unit who were employed during the pay period immediately prior to the date which is 15 days before the election, including those who did not work during such period because of illness, vacation or 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 granted formal recognition following an election or run-off election if: (a) that employee organization has received the vote of a numerical majority of all the employees eligible to vote in the unit in which the election is held (i.e., 50% plus 1 of the votes of all eligible employees), or (b) at least 60°0, of the total number of employees in the unit eligible to vote have voted in the election or run-off election, and an employee organization receives a numerical majority of all votes cast in the election (i.e., 50% of the votes cast plus 1); (c) 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 shall also apply to a run-off election. -2- 4332 RESOLUTION NO. (5) There shall be no more than one valid election in a 12 -month period within the same unit. B. DECERTIFICATION OF ESTABLISHED UNIT. (1) A Petition for Decertification alleging that an employee organization granted formal recognition is no longer the majority representative of the employees in an appropriate unit may be filed with the Municipal Employee Relations Officer only during the months of October or November of each year following the first full year of formal recognition (e.g., for an em- ployee organization granted formal recognition between Decem- ber 1, 1968 and September 30, 1969, a Petition for Decertifi- cation could not be filed until October, 1970). The Petition for Decertification may be filed by an employee, a group of employees or their representative, or an employee organization. The Petition, including all accompanying documents, shall be verified, under oath, by the person signing it, that its con- tents are true. It may be accompanied by a Petition for Recognition by a challenging organization. The Petition for Decertification shall contain the following information: (a) The name, address and telephone number of the petitioner and a designated representative authorized to receive the notices or requests for further information. (b) The name of the formally recognized employee organization. (c) An allegation that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts. (d) Written proof that at least 30% of the employees in the unit do not desire to be represented by the formally recog- nized employee organization. Such written proof shall be dated within six months of the date upon which the petition is filed and shall be submitted for confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party. (2) The Municipal Employee Relations Officer shall arrange for a secret ballot election to determine if the fo,nmally recognized employee organization shall retain its recognition rights. The formally recognized employee organization shall be decertified if a majority of those casting valid ballots vote for de- certification. (3) There shall be no more than one valid decertification election in the same unit in any 12 -month period. C. MODIFICATION OF ESTABLISHED UNIT. A Petition for Modification of an established unit may be filed by an employee organization with the Municipal Employee Relations Officer during the period for filing a Petition for Decertification. -3- RESOLUTION N0. 4332 The Petition for Modification shall contain all of the information set forth in Section 8 A. of the Resolution, along with a state- ment of all relevant facts in support of the proposed modified unit. The Petition shall be accompanied by written proof that at least 50% of the employees within the proposed modified unit have designated the employee organization to represent them in their employment relations with the City; provided, however, the employee organization may request that such written proof be submitted to a mutually agreed upon disinterested third party. The Municipal Employee Relations Officer shall hold a hearing on the Petition for Modification, at which time all affected employee organizations shall be heard. Thereafter, the Municipal Employee Relations Officer shall determine the appropriate unit or units as between the existing unit and the proposed modified unit. If the Municipal Employee Relations Officer determines that the proposed modified unit is the appropriate unit, then he shall follow the procedures set forth in Section 3 A. for determin- ing formal recognition rights in such unit. D. DURATION OF FORMAL RECOGNITION. When an employee organization has been formally recognized, such recognition shall remain in effect until decertified in accord- ance with Section 3-B or until such time as the unit may be modified as provided in Sub -Section C of this resolution. E. COST OF ELECTION PROCEEDINGS. The cost of any election proceedings shall be borne by the City. F. IMPASSES IN REPRESENTATION PROCEEDINGS. Any unresolved complaint by an affected employee organization ad- vanced in good faith, concerning a decision of the Municipal Employee Relations Officer made pursuant to Section 3, Sub -Sections A, B, C or D above shall be processed in accordance with the procedures set forth in Section 13 of the Resolution No. 4027. Provided, however, the written request for an impasse meeting, as described in Section 13 of the Resolution, must be filed with the Municli.pal Employee Relations Officer, or the City Clerk, within 14 days after the affected employee organization first receives notice of the decision upon which its com- plaint is based, or its complaint will be considered closed and not subject to the impasse procedures or to any other appeal. SECTION 4. Rule 2 - Dues Check -Off. Only a formally recognized employee organization (i.e., the majority repre- sentatives of employees in an appropriate unit) may be granted permiss-ion by the Municipal Employee Relations Officer to have the regular dues of its members de- ducted from their paychecks, in accordance with procedures prescribed by the Municipal Employee Relations Officer. Provided, however, this shall not preclude the continuation of dues check -off heretofore granted to any employee organization. Dues deduction shall be for a specified amount and shall be made only upon the voluntary written authorization of the member. Dues deduction authorization may be cancelled and the dues check -off payroll discontinued at any time by the member upon voluntary written notice to the Municipal Employee Relations Officer. Dues deduction authorization or cancellation shall be made upon cards provided by the Municipal Employee Relations Officer. Dues deduction may be continued only upon voluntary written authorization of the member until such time as a cancellation is filed by said member. Employee payroll deduction authorizations shall be in uniform amounts for dues deductions. RESOLUTION NO. 4332 The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues check -off authorized. When a member in good standing of the formally recognized employee organization is in a non -pay status for an entire pay period, no dues withholding will be made to cover that pay period from future earnings nor will the member deposit the amount with the City which would have been withheld if the member of an employee who is in a non -pay status during only a part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over employee organization dues. Dues withheld by the City shall be transmitted to the officer designated in writing by the employee organization as the person authorized to receive such funds, at the address specified. All employee organizations who receive dues check -off shall indemnify, defend, and hold the City of San Rafael harmless against any claims made and against any suit instituted against the City of San Rafael on account of check -off of employee organization dues. In addition, all such employee organi- zations shall refund to the City of San Rafael any amounts paid to it in error upon presentation of supporting evidence. SECTION 5. Rule 3 - Reasonable Time off to Meet and Confer. The formally recognized employee organization may select not more than two employee members of such organization to attend scheduled meetings with the Municipal Employee Relations Officer or other management officials on subjects within the scope of representation during regular,work hours without loss of compensation. Where circumstances warrant, the Municipal Employee Relations Officer may approve the attendance at such meetings of additional employee representatives. An employee organization, or management, shall have the right to call meetings for the purpose of meeting and conferring, such meetings to be scheduled thereafter and held within a reasonable time not to exceed ten (10) days. Nothing contained herein shall prohibit the parties from mutually agreeing to an extension of the herein date if the circumstances are such that it is impossible and/or impractical to hold the meeting within the time provided, ample time shall be allowed for purposes for which the meeting is called. SECTION 6. Rule 4 - Access to Work Locations. Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Access may be restricted by the Municipal Relations Officer so as not to cause interference with the normal operations of the department or with established safety or security requirements. City employees, during assigned working hours, shall not participate in the solicitation of membership, collection of dues, activities concerning internal management of employee organizations, campaigning for office, or distributing literature; however, after meeting and conferring with the Municipal Relations Officer, reasonable time shall be granted to all employees for the purpose of conducting or voting in an election. SECTION 7. Rule 5 - Use of City Facilities. Employee organizations may, upon written request and with prior written approval of the Municipal Employee Relations Officer, be granted the use of City facilities for meetings of City employees provided space is available. The Municipal Relations Officer may, in giving said written approval, attach conditions thereto. Q -Z The use of City equipment other than items normally used in the con- duct of business meetings, such as desks, chairs, ashtrays and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding. SECTION 8. Rule 6 - Use of Bulletin Boards. Recognized employee organizations may use portions of City bulletin boards under the following conditions: (1) All materials must be dated and must identify the organization that published them. (2) Unless special arrangements are made, materials posted will be removed 31 days after the publication date. Materials which the Municipal Relations Officer considers objectionable will not be posted. SECTION g. Rule 7 - Availability of Data. The City will make available to employee organizations such non -confidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitation and conditions set forth in this rule and Government Code Sections 6250-6260. Information shall be made available during regular office hours in accordance with the City's rules and procedures. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. are: Nothing in this rule shall be construed to require disclosure of records that (1) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles, unless prior written approval is obtained from the individual employee. (2) Records pertaining to pending litigation to which the City is a party, or to claims or appeals which have not been settled. (3) Nothing in this rule shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the agency. SECTION 10. Rule 8 - Peaceful Performance of City Services. (A) Miscellaneous employees including non -sworn safety personnel. Participating by any employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action, up to and including discharge. No employee organization, its representatives, or members shall engage in, cause, instigate, encourage, or condone a strike or work stoppage of any kind. If a recognized employee organization, its representatives, or members engage in, cause, instigate, encourage, or condone a strike or a work stoppage of any kind, in addition to any other lawful remedies or disciplinary actions, the Municipal Employee Relations Officer may suspend or revoke the recognition granted to such employee organization, may suspend or cancel any or all payroll deductions payable to such organization, and prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty stations by such organization. As used in this Section "strike or work stoppage" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the absti- nence in whole or in part from the full, faithful perform- ance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment. Any decision of the Municipal Employee Relations Officer made under the provisions of this Section may be appealed to the City Council by filing a written Notice of Appeal with the Municipal Employee Relations Officer or the City Clerk, accompanied by a complete statement setting forth all of the grounds upon which the appeal is based. Such Notice of Appeal must be filed within 7 days after the affected employee organization first receives notice of the de- cision upon which its complaint is based, or its complaint will be considered closed and not subject to any other appeal. (B) Safety personnel (Sworn Police and Firefighters) Sworn Police and Firefighters shall perform duties in conformance with the laws of the State of California. I, MARION A. GRADY, 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 18th day of December , 19 72 , by the following vote, to -wit: Ayes Councilmen: Jensen, Miskimen, Mulryan and Mayor Bettini Noes Councilmen: None Absent: Councilmen: None MARION GRADY, City Clerk RENEE BURDISSO - Deputy City Clerk -7-