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HomeMy WebLinkAbout1975-06-17; City Council; Resolution 3667RESOLUTION NO. 3667 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE PERSONNEL RULES AND REGULATIONS OF SAID CITY BY THE AMENDMENT OF RULE XI1 TO ADOPT A REVISED GRIEVANCE PROCEDURE FOR CLASSIFIED EMPLOYEES OF THE CITY OF CARLSBAD. WHEREAS, as a result of the meet and confer process, the City Council has determined to adopt a revised four-step grievance procedure for classified employees; and WHEREAS, it is necessary to amend the Personnel Rules and Regulations adopted pursuant to Section 2.44.040 of the Municipal Code in order to implement the new procedure: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the Personnel Rules and Regulations of the City of Carlsbad are hereby amended by the amendment of Rule XI1 to adopt a revised grievance procedure for all classified employee of the City of Carlsbad. The amendment will read as shown on Exhibit A attached hereto and incorporated by reference herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of June , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and NOES: None ABSENT: None Councilwoman Cas1 er (SEAL) ii . 3667 , Exhibit A W0 Four pages and RE SOLUTIO CITY OF CARLSBAD EMPLOYEE GRIEVANCE PROCEDURE sample form. I. Purpose. The purposes of the Grievance Procedure of the City of Carlsbad are: A. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. B. To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. C. To encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly pro- cedure to handle grievances throughout the several supervisory levels where necessary. D. To provide that appeals shall be conducted as informally as possible. E. To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. F. This grievance procedure is applicable to classLfied employees in each department of the City of Carlsbad. 11. Definitions. For purposes of this grievance procedure, the following definitions shall apply: A. City Manager: The City Manager or his authorized representative. B. Department: An office, department or institution of the City. C. Department Head or Head of a Department: The chief executive officer of a department. D. Personnel Officer: The Personnel Officer or his authorized representative. E. Employee or City Employee: Any officer or employee of the City, except an elected official, F. Employee Representative: An individual who appears on behalf of the employee. G. Grievance: A complaint of an employee or a group of employees arising out of the application or interpretation of existing rules, regulations, or policies which come under the control of a department head. or directs the work of an employee. H. Immediate Supervisor: The individual who assigns, reviews, -2- I. Interested Party: An individual having pertinent and/or b”mdiate knowledge of the circumstance out of which the grievance arose. J. Superior: The individual to whom an immediate supervisor reports. 111. Reviewable and Nonreviewable Grievances. A. To be reviewable under this procedure, a grievance must: 1. Concern matters or incidents that have occurred. 2. Result from an act or omission by management regarding working conditions or other aspects of employer-employee relations over which the head of the department has control. 3. Arise out of a specific situation, act or acts considered as being unfair which result in inequity or damage to the employee. 4. Arise out of an interpretation and application of Personnel System Rules and Regulations. B. A grievance is not reviewable under this procedure if it is a matter which would require the modification of a policy established by the City Council or by law, or is reviewable under some other administrative procedure and/or rules of the City of Carlshad, such as: 1. Applications for changes in title, job classifications or salary. 2. Appeals from formal disciplinary proceeding. 3. Appeals from work performance evaluations. IV. Special Grievance Procedure Provisions. The following special provisions apply to the grievance procedure, A. B. C. D. Procedure for Presentation: In presenting the grievance the employee shall f ollow the sequence and the procedure outlined in Section V of this procedure. Prompt Presentation: The employee shall discuss the grievance with an immediate supervisor promptly after the act or omission of management causing the grievance. Prescribed Form: The written grievance shall be submitted on a form prescribed by the Personnel Officer for this purpose. Statement of Grievance: The grievance shall contain a statement of: 1. The specific situation, act or acts considered to be unfair. -3- 2. The inequity or damage suffered by the employee. E. F. G. €3. I. J. K. 3. The relief sought. Employee: a representative at any step in the procedure. hearing a grievance need recognize more than one representative for any employee at any one time, unless he so desires. The employee may choose someone as No person Interested Parties: number of interested parties which may provide information during the hearing of a grievance at any step of the grievance procedure. There shall be no limit placed upon the Handled During Working Hours: Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. Extension of Time: The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall be handled as a single grievance. Settlement: Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed time. Reprisal: The grievance procedure is intended to assure a grieving employee the right to present a grievance without fear of disciplinary action or reprisal by the supervisor, superior or department head, provided the provisions of the grievance procedure are observed. Copies of grievance forms will not be placed in employee personnel records but will be maintained in separate files in the Personnel Department. V. Grievance Procedure Steps. The following procedure shall be followed by an employee submitting a grievance for consideration and action. A, Discussion with Supervisqr: The employee shall discuss the grievance with an immediate supervisor informally. two (2) working days, (a working day is considered to be the next consecutive full day the employee is required to be present at the place of employment) the supervisor shall give a decision to the employee verbally. Within -4- B. Step 1. ment as to a solution of the grievance or the employee has not received a decision within the two working day limit, the employee may within two (2) working days present the grievance in writing to the supervisor who shall endorse comments thereon and present it to a superior within two working days. a written decision to the employee within five (5) working days after receiving the grievance. If the employee and supervisor cannot reach an agree- (2) The superior shall hear the grievance and give C. Step 2. If the employee and superior cannot reach an agree- ment as to a solutfon of the grievance or the employee has not received a written decision within the five working day limit, the employee may within five (5) working days present the grievance in writing to the department head. The depart- ment head shall hear the grievance and give a written decision to the employee within five (5) working days after receiving the grlevance. D. Step 3. If the employee and department head cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the five working day limit, the employee may within five (5) working days present the grievance in writing to the City Manager. The City Manager shall within ten (10) working days after receipt of the grievance hear the grievance and render a written decision. E. Step 4. If the employee is not satisfied with the decision or recommendation of the City Manager, the employee may within ten (10) working days appeal in writing to the Personnel Board of the City of Carlsbad. The board shall within 15 days after receipt of the appeal hear the appeal and render an advisory opinion to the City Manager. The City Manager shall within ten (10) working days advise the employee of intentions for final action. EXHIBIT A CITY OF CARLSBAD EMPLOYER-EMPLOYEE RELATIONS RULES AND REGULATIONS PURPOSE AND DEFINITIONS The purpose of these rules and regulations is to implement Chapter 2.48 of the Carlsbad Municipal Code and Chapter 10, Division 4, Title 1 of the California Govern- ment Code (Sections 3500, et seq.). The terms used in these rules and regulations which are defined in Chapter 2.48 of the Municipal Code shall have the same meaning as set forth therein, RULE I. REPRESENTATION PROCEEDINGS. SECTION 1. FORMAL RECOGNITION AS THE MAJORITY REPRESENTA- TIVE IN AN APPROPRIATE UNIT. A. An employee organization that seeks formal recogni- tion 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 2.48.090(a) of the Municipal Code ac- companied by written proof that at least thirty percent 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 employee 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 (1) there has been compliance with the requirements of the Petition for Recognition, and (2) 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 notice of such request for formal recognition to the employees in the unit and shall take no action on said request for thirty days thereafter; if either of the foregoing matters are not affirmatively determined, the municipal employee relations officer shall inform the employee organization of the reasons therefor in writing. B. Within thirty days of the date notice to employees is given, any other employee organization (hereinafter re- ferred to as the "challenging organization") may seek formal recognition in an overlapping unit by filing a Petition for Recognition, provided, however, such challenging organiza- tion must submit written proof that it represents at least thirty percent 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 2.48.100. 2. C. If the written proof submitted by the employee organi- zation in the unit found to be appropriate establishes that it represents more than fifty percent 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. D. When an employee organization in the unit found to be appropriate submits written proof that it represents at least thirty percent of the employee in such unit, and it does not qualify for or has not been granted recognition pursuant to subsection C above, the municipal employee rela- tions 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 Asso- ciation, or some agreed upon third party. All challenging organizations which have submitted written proof that they represent at least ten percent of the employees in the unit found to be appropriate, and have submitted a Petition for Recognition as required by section 2.48.090, shall be in- cluded in the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons regularly employed in permanent positions within the unit who were employed during the pay period immediately prior to the date which is fifteen days before the election, including those who did 3. 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: (1) The 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., fifty percent plus one of the votes of all eligible employees), or (2) At least sixty percent 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., fifty percent of the votes cast plus one). (For example, if 100 employees are eligible to vote in an election, but only 59 actually vote, an employee organization must obtain 51 votes for formal recognition. If 90 employees vote, an employee organization must receive at least 46 votes for formal recognition. ) (3) 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. E. There shall be no more than one valid election in 4. a twelve-month period within the same unit. SECTION 2. DECERTIFICATION OF ESTABLISHED UNIT. A. A Petition for Decertification alleging that an employee organization granted formal recognition is no longer the majority representative of the employees in an appro- priate unit may be filed with the municipal employee rela- tions officer only during the months of October or November of each year following the first full year of formal recog- nition. 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 contents are true. It may be accompanied by a Petition for Recognition by a challeng- ing organization. The Petition for Decertification shall contain the following information: (1) The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. (2) The name of the formally recognized employee organization. (3) An allegation that the formally recognized employee organization no longer represents a majority of the employees in and material (4) the appropriate unit, and any other relevant facts. Written proof that at least thirty percent of 5. the employees in the unit do not desire to be represented by the formally recognized 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 con- firmation to the municipal employee relations officer or to a mutually agreed upon disinterested third party. B. The municipal employee relations officer shall arrange for a secret ballot election to determine if the formally recognized employee organization shall retain its recognition rights. zation shall be decertified if a majority of those casting valid ballots vote for decertification. The formally recognized employee organi- C. There shall be no more than one valid decertification election in the same unit in any twelve-month period. SECTION 3. 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. The Petition for Modification shall con- tain all of the information set forth in section 2.48.090, along with a statement of all relevant facts in support of the proposed modified unit. The petition shall be accom- panied by written proof that at least fifty percent of the employees within the proposed modified unit have designated the employee organization to represent them in their employ- ment relations with the City, provided, however, the employee 6. organization may request that such written proof be submitted to a mutually agreed upon disinterested third party. municipal employee relations officer shall holda hearing on the Petition for Modification, at which time all affected employees shall be heard. Thereafter, the municipal employee relations officer shall determine the appropriate unit or The units as between the existing unit and the proposed modified unit. If the municipal employee relations officer deter- mines that the proposed modified unit is the appropriate unit, then he shall follow the procedures set forth in Section 1 of this rule for determining formal recognition rights in such unit. SECTION 4. DURATION OF FORMRL RECOGNITION. When an employee organization has been formally recognized, such recognition shall remain in effect for one year from the date thereof and thereafter until such time as the municipal employee relations officer shall determine, on the basis of a secret ballot election conducted in accord- ance with the foregoing rules, that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit or until such time as the unit may be modified as provided in Secton 3 of this rule. SECTION 5. COST OF ELECTION PROCEEDINGS. The cost of any election proceeding shall be borne by the employee organization or organizations whose name(s) appear on the ballot. 7. SECTION 6. IMPASSE IN REPRESENTATION PROCEEDINGS. Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the municipal employee relations officer made pursuant to Sections 1, 2, 3 and 4 of this rule shall be processed in accordance with the procedures set forth in section 2.48.130, provided, however, the written request for an impasse meeting, as described in section 2.48.130, must be filed with the municipal employee relations officer, or the City Clerk,within seven days after the affected employee organization first receives notice of the decision upon which its complaint is based, or its complaint will be considered closed and not subject to the impasse procedures or to any other appeal. RULE 11. DUES CHECK-OFF. Only a formally recognized employee organization (i.e., the majority representatives of employees in an appropriate unit) may be granted permission by the municipal employee relations officer to have the regular dues of its members deducted from their paychecks, in accordance with procedures prescribed by the municipal employee relations officer, provided, however, this shall not preclude the con- tinuation of dues check-off heretofore granted to any employee organization. Appropriate forms shall be provided by the municipal employee relations officer. 8. RULE 111. REASONABLE TIME OFF TO MEET AND CONFER. The formally recognized employee organization may select not more than four employee members of such organiza- tion 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 represen- tatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the municipal employee relations officer at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. (2) That any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings be- fore or after regular duty or work hours under appropriate circumstances. 9. RULE IV. 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 organi- zation concerning business within the scope of representa- tion. Such officers or representatives shall not enter any work location without the consent of the department head or the municipal employee relations officer. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours. RULE V. USE OF CITY FACILITIES. Employee organizations may, with the prior approval of the municipal employee relations officer, be granted the use of City facilities during nonworking hours for meetings of City employees provided space is available, and provided further such meetings are not used for organizational activi- ties or membership drives of City employees. All such re- quests shall be in writing and shall state the purpose or purposes of the meeting. A copy of the meeting agenda shall 10. be furnished to the municipal employee relations officer as soon as it is available, but in no event less than 24 hours prior to such meeting. The City reserves the right to assess reasonable charges for the use of such facilities. The use of City equipment other than items normally used in the conduct of business meetings, such as desk, chairs, ashtrays, and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding, RULE VI. USE OF BULLETIN BOARDS. Recognized employee organizations may use portions of City bulletin boards under the following conditions. (1) All materials must receive the approval of the department or division head in charge of the departmental bulletin board. (2) All materials must be dated and must identify the organization that published them. (3) The actual posting of materials will be done by the City as soon as possible after they have been approved. Unless special arrangements are made, materials posted will be removed 31 days after publication date. Materials which the department head considers objectionable will not be posted, provided, however, the department head shall first discuss this denial with the municipal employee relations officer . (4) The City reserves the right to determine where 11. bulletin boards shall be placed and what portion of them are to be allocated to employee organization materials. (5) An employee organization that does not abide by these rules will forfeit its right to have materials posted on City bulletin boards. RULE VII. AVAILABILITY OF DATA. The City will make available to employee organiza- tions such nonconfidential information pertaining to employ- ment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Sections 6250-6260. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment of reasonable costs, where applicable. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statis- tical summaries, but shall not be made available in such form as to disclose the source. Nothing in this rule shall be construed as requir- ing the City to do research for an inquirer or to do pro- graming or assemble data in a manner other than usually done by the agency. 12. Nothing in this rule shall be construed to require disclosure of records that are: (1) Personnel, medical and similar files, the dis- closure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (2) Working papers or memoranda which are not re- tained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure by the record; (3) Records pertaining to pending litigations to which the City is a party, or to claims or appeals which have not been settled. RULE VIII. PEACEFUL PERFORMANCE OF CITY SERVICES. Participation by any employee in a strike or work stoppage is unlawful and shall subject the employee to dis- ciplinary 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 represen- tatives, 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 ac- tions, the municipal employee relations officer may suspend or revoke the recognition granted to such employee organization, 13. 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 abstinence in whole or in part from the full, faithful per- formance of the duties of employment for the purpose of in- ducing, 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 of- ficer made under the provisions of this rule 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 seven days after the affected employee organization first receives notice of the decision upon which its complaint is based, or its com- plaint will be considered closed and not subject to any other appeal. RULE IX. MEET AND CONFER MEETING RULES. Prior to the start of a series of meet and confer meetings, the management team shall meet with the employee 14. team of each recognized unit to determine rules, procedures, and conduct of meet and confer sessions, including, but not limited to, advance notice of meetings, agenda, place of meeting, participants, secretary, caucuses, length of meet- ing, rate of pay for participating employees, press releases, number of participating units, initialing procedure, amend- ment to agenda, spokesman and recesses. RULE X. MANAGEMENT AND CONFIDENTIAL EMPLOYEES. Those management and confidential employees of the City defined in Ordinance Number 1181 shall be restricted from representing any employee organization which represents other employees of the City on matters within the scope of representation; serving in leadership or policy making positions in such employee organizations, or in any way acting in a pos$.tion or manner which is contrary to their designation as management or confidential employees of the City. EXHIBIT A RULE XVI. RULES OF APPEAL TO PERSONNEL BOARD Section 1. Right of Appeal. Any employee in the compe- titive service shall, within seven days, have the right to appeal to the Personnel Board any disciplinary action, inter- pretation or alleged violation of the personnel ordinance, except in instances where the right of appeal is specifi- cally prohibited by the personnel ordinance or these rules. Section 2. Method of Appeal. Appeals shall be in writing, subscribed by the appellant, and filed with the personnel officer, who shall, within ten days after receipt of the appeal, inform each member of the Personnel Board, the appointing power and such other persons or officers named or affected by the appeal or the filing of the appeal. The appeal shall be a written statement, addressed to the Personnel Board, explaining the matter appealed from and setting forth therein a statement of the action desired by the appellant, with his reasons therefor. The formality of a legal pleading is not required. Section 3. Notice. Upon the filing of an appeal, the personnel officer shall set a date for a hearing on the appeal not less than ten days nor more than thirty days from the date of filing. The personnel officer shall notify all interested parties of the date, time and place of the hearing at such places as the Personnel Board shall prescribe. Section 4. Investigation. Upon the filing of an appeal, the Personnel Board may make such independent investi- gation of the matter as it may deem necessary, The results of such investigation shall be made a part of the record of the proceedings and the appellant shall have the right to have a reasonable time within which to answer or to present evidence in opposition to the findings of this independent investigation. Section 5. Hearings. The appellant shall appear personally unless physically unable to do so, before the Personnel Board at the time and place of the hearings. may be represented by any person or attorney as he may select and may at the hearing produce on his behalf relevant oral or documentary evidence. He Appellant shall state his case first and, at the conclusion, opposition matter may then be presented. Rebuttal matter not repetitive may be allowed in the discretion of the Personnel Board. Cross- examination of witnesses shall be permitted. The conduct and decorum of the hearing shall be under the control of the Personnel Board by its chairman, with due regard to the rights and privileges of the parties appearing before it. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Hearings shall be closed unless the appellant, in writing, requests an open hearing. Section 6. Findings and Recommendations. The 2. Personnel Board shall, within ten days after the conclusion of the hearing, certify its findings and decision in writing to the City Council and to the appellant, shall review the findings and recommendations of the Person- nel Board and may then affirm, revoke or modify the action taken as, in its judgment, seems warranted, and the action taken shall be final, Any member of the Personnel Board may submit a minority or supplemental finding and recommenda- tion. In case of suspension, discharge or demotion the appointing power shall reinstate any employee to his former status if proof is made that the action was for discrimin- atory reasons - The City Council 3. c -J CXTY NANAGER’S DECISION: 1 ... - Date Grievance Receivea - Date Employee Given D~C~S~OB Date Grievanca Fteceived Date Elrnployee Given DceIslon Department Head’s Signa- Date Grievance Reecivcd Date Xmployoe Givm D-ion City Manageis Signature 0 I accept the decision in Step .................... Date Employee’s Signaturg -