Loading...
HomeMy WebLinkAbout1975-07-01; City Council; 1181; CMC 2.48 adds - Employer-Employee relations system1 2 3 4 5 6 7 8 9 10 11 12 13 14 2 u 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1 181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 2.48 TO ADOPT AN EMPLOYER-EMPLOYEE RELATIONS SYSTEM IN ACCORDANCE WITH THE MEYERS-MILIAS-BROWN ACT OF THE STATE OF CALIFORNIA. WHEREAS, Chapter 10, Division 4, Title 1 of the Government Code of the State of California was amended effective January 1, 1969 for the purpose of promoting improved employer-employee relations between public employers and their employees by estab- lishing uniform and orderly methods of communication between employees and the public agencies by which they are employed; 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 Council of the City of Carlsbad, Cali- fornia desires to adopt such reasonable rules and regulations as authorized by law; NOW, THEREFORE, IT IS ORDAINED by the City Council of the City of Carlsbad as follows: SECTION 1: Title 2 of the Carlsbad Municipal Code is amended by the addition of Chapter 2.48 to read as follows: "Chapter 2.48 EMPLOYER-EMPLOYEE RELATIONS Sections: 2.48.010 Title. 2.48.020 Statement of purpose. 1 2 3 4 5 6 7 8 9 10 11 12 13 0 14 2c 21 22 22 24 25 26 27 2e I- u an 2.48.030 2.48.040 2.48.050 2.48.060 2.48.070 2.48.080 2.48.090 2.48.100 2.48.110 2.48.120 2.48.130 2.48.140 2.48.150 2.48.160 2.48.170 Definitions. Employee rights. City rights. Meet and confer in good faith--Scope. Consultation in good faith--Scope. Advance notice. Petition for recognition. Appropriate unit. Recognition of employee organization as majority representative--Formal recognition. Designation of municipal employee relations officer . Resolution of impasses. Memorandum of understanding. Rules and regulations. Construction. Severability. 2.48.010 Title. This chapter shall be known as the Employer-Employee Relations Ordinance of the City of Carlsbad, ~~ - California. 2.48.020 Statement of purpose. The purpose of this chap- ter is to implement Chapter 10, Division 4, Title 1 of the Govern- ment Code of the State of California (Sections 3500, et seq.), captioned 'Public Employee Organizations', by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations and for resolving disputes regarding wages, hours, and other terms and conditions of employment. 2.48.030 Definitions. As used in this chapter, the fol- (a) 'Appropriate unit' means a unit established pursuant (b) 'City' means the City of Carlsbad, California, a lowing terms shall have the meanings indicated: to section 2.48.100 of this chapter; 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; municate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; (c) 'Consult or consultation in good faith" means to com- (d) 'Day' means calendar day; (e) 'Employee' means any person regularly employed by (f) 'Employee, confidential' means an employee who is (9) 'Employee, management' means: Any employee having the City excluding persons elected by popular vote but including the City Clerk when performing the functions of license supervisor; privy to decisions of City management affecting employer-employee relations ; significant responsibility for formulating and administering City 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 8 15 16 cezg 0 -I 17 u:, 3a wv 5bC- ggca 18 20 E '6 19 20 21 22 23 24 25 26 27 28 9 E., a2 8 &s go;$ 5 c V -- policies and programs, including but not limited to the following positions: (1) Assistant City Manager (2) Assistant to the City Manager (3) Administrative Assistant (4) Public Works Administrator (5) Utilities-Maintenance Director (6) City Engineer (7) Director of Building and Housing (8) Planning Director (9) Finance Director (10) City Clerk-License Supervisor (11) Police Chief (12) Fire Chief (13) Parks and Recreation Director (14) Personnel Director (15) Purchasing Agent (16) City Librarian (17) Fire Battalion Chief (18) Police Captain (19) Assistant to the Planning Director (20) Assistant to the Finance Director (21) Water Superintendent (22) Street Superintendent (h) '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. . includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City. 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. periodic discussions between a majority representative and the City over any matters concerning which they are required to meet and confer in good faith, or over the scope of such subject matter; or (2) any unresolved complaint by an affected employee organiaa- tion, advanced in good faith, concerning a decision of the muni- cipal employee relations officer made pursuant to sections 2.48.090, 2.48.100 or 2.48.110 of this chapter. tion, 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. (i) 'Employee organization' means any organization which (j) 'Employer-employee relations' means the relationship (k) 'Impasse' means (1) a deadlock in the annual or (1) 'Majority representative ' means an employee organiza- (m) 'Mediation or conciliation' means the efforts of an 3. 1 2 3 4 5 6 7 f s 1c 11 1: 12 2: 2: 2; 2r 2! 2( 2' 2l nl 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. Mediation and conciliation are interchangeable terms. to herein as 'meet and confer' or 'meeting and conferring') means performance by duly authorized City representatives and duly auth- orized 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; (2) the City Council on those matters within the decision-making authority of the City Council. proposal or to make a concession. City's principal representative in all matters of employer- employee relations designated pursuant to section 2.48.120, or his duly authorized representative. (p) 'Peace officer' as this term is defined in Section 830, California Penal Code. (9) department. (r) 'Recognized employee organizations' means an employee organization which has been acknowledged in writing by the muni- cipal employee relations officer as an employee organization that represents employees of the City. The rights accompanying recog- nition are either: (1) 'Formal recognition' which is the right to meet and confer in good faith as the majority representative in an appropriate unit; or (2) 'Informal recognition' which is the right to consultation in good faith by all recognized employee organization, 'Scope of representation' means all matters relating to employment conditions and employer-employee relations, includinc but not limited to wages, hours and other terms and conditions of employment. City rights (section 2.48.050) are excludedfrom the scope of representation. (n) 'Meet and confer in good faith' (sometimes referred Reach agreement on what will be recommended to This does not require either party to agree to a (0) 'Municipal employee relations officer' means the 'Firefighter' means a uniformed employee of the fire (s) 2.48.040 Employee 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, in- cluding but not limited to wages, hours and other terms and condi- tions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of em- ployee organizations and shall have the right to represent them- 4. 1 2 3 4 5 6 7 8 9 10 11 12 13 20 21 22 23 24 25 26 27 28 I- O on selves 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 exercise of these rights. 2.48.050 City rights. The rights of the City include but are not limited to the exclusive right to determine the missio of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the effici- ency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; 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. 2.48.060 Meet and confer in good faith--Scope. (a) The City, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organi- zations with majority representation rights regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment within the appropriate unit. in good faith on any subject preempted by federal or state law, nor shall it be required to meet and confer in good faith on employee or city rights as defined in sections 2.48.040 and 2.48.050. Proposed amendments to this chapter are excluded from the scope of meeting and conferring. (b) The City shall not be required to meet and confer 2.48.070 Consultation in good faith--Scope. All matters affecting employer-employee relations, including those that are not subject to meeting and conferring, are subject to consultation The City, through its representatives, shall consult in good faith with representatives of all recognized employee organizations on employer-employee relation matters which affect them. Advance notice on matters subject to consultation, but outside the scope of representation, is desirable but not mandatory. 2.48.080 Advance notice. Reasonable written notice shall be given to each recognized employee organization affected by any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopt ed by the City Council or by any board or commission of the City, and each shall be given the opportunity to meet with such body prior to adoption. Emergency resolutions and ordinances are excepted, but employee representatives shall be notified of such resolutions and ordinances as soon as possible. 5. 1 2 3 4 5 6 7 € s 'IC 11 1: 1; 2.48.090 Petition for recognition. There are two levels 3f employee organization recognition--formal and informal. recognition requirements of each are set forth below: zonfer in good faith as majority representative. xganization that seeks formal recognition for purposes of meeting 2nd conferring in good faith as the majority representative of mployees in an appropriate unit shall file a petition with the nunicipal employee relations officer containing the following information and documentation: (1) (2) Names and titles of its officers. (3) (4) The (a) 'Formal recognition' means the right to meet and An employee Name and address of the employee organization. Names of employee organization representatives A statement that the employee organization has who are authorized to speak on behalf of its members. as one of its primary purposes representing employees in their employment relations with the City. 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 interna- tional organization, and, if so, the name and address of each such regional, state or international organization. constitution and bylaws. 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. nizes that the provisions of Section 923 of the Labor Code are not applicable to City employees. no restriction on membership based on race, color, age, creed, sex or national origin. (10) The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. (11) A statement that the employee organization has in its possession written proof, dated within six months of the date upon which the petition is filed, to establish that 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. (12) 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 appropri- ate for the purpose of meeting and conferring in good faith on all matters within the scope of representation. (5) (6) (7) A designation of those persons, not exceeding Certified copies of the employee organization's (8) A statement that the employee organization recog- (9) Alstatement that the employee organization has (b) 'Informal recognition' means the right to consult in 6. 1 2 3 4 5 6 7 8 9 1c 11 12 12 n 14 2c 21 22 2: 24 2: 2c 27 2E t u good faith. An employee organization that seeks recognition for purposes of consultation in good faith shall file a petition with the municipal employee relations officer containing the following information and documentation; through (a) (9) of this section, inclusive. in its possession written proof, dated within six months of the date upon which the petition is filed, to establish that employees 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. officer recognize the employee organization for the purpose of consultation in good faith. (c) The petition, including all accompanying documents, shall be verified, under oath, by the executive officer and secretary of the organization that the statements are true. All changes in such information shall be filed forthwith in like manner. (d) The municipal employee relations officer shall grant recognition, in writing, to all employee organizations which have complied with section 2.48.090(a) or (b) and (c) for purposes of consultation in good faith for its members. tion seeking formal recognition as majority representative must, in addition, establish to the satisfaction of the municipal employee relations officer that it represents a majority of the employees in the manner prescribed in section 2.48.110(a). No employee may be represented by more than one recognized employee organization for the purposes of this chapter. (1) All of the information enumerated in (a) (1) (2) A statement that the employee organization has (3) A request that the municipal employee relations An employee organiza- 2.48.100 Appropriate unit. (a) The municipal employee relations officer, after reviewing the petition filed by an employee organization seeking formal recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. mination is whether there is a community of interest among such employees. The following factors, among others, are to be con- sidered in making such determination: freedom in the exercise of rights set forth under this chapter. The principal criterion in making this deter- (1) Which unit will assure employees the fullest (2) The history of employee relations: (A) In the unit; (B) Among other employees of the City; and (C) In similar public employment. (3) The effect of the unit on the efficient opera- tion of the City and sound employer-employee relations. (4) The extent to which employees have common skills working conditions, job duties or similar educational requirements 7. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 D 14 V c 0 20 21 22 23 24 25 26 27 28 on (5) The effect on the existing classification structures of dividing a single classification among two or more units. the basis of the extent to which employees in the proposed unit have organized. (b) In the establishment of appropriate units: Provided, however, no unit shall be established solely on (1) Professional employees shall not be denied the right to be represented separately from nonprofessional employees: and (2) Management and confidential employees who are included in the same unit with nonmanagement or nonconfidential employees may not represent such employees on matters within the scope of r2presentation. 2.48.110 Recognition of employee organization as majority representak>iv,e--Formal recognition. (a) The municipal employee relations officer may: employees in an appropriate unit by arranging for a secret ballot election or by any other reasonable method which is based upon written proof, and is designed to ascertain the free choice of a majority of such employees. The employee organization found to represent a majority of the employees in an appropriate unit shall be granted formal recognition and is the only employee organj zation entitled to meet and confer in good faith on matters within the scope of representation for employees in such unit. This shall not preclude other recognized employee organizations, or individual employees, from consulting with management repre- sentatives on employer-employee relations matters of concern to them. representative, which has been found by secret ballot election no longer to be the majority representative. designated in accordance with this section shall not be subject to challenge for a period of twelve months following the date of such recognition. (1) Determine the majority representative of City (2) Revoke the recognition rights of a majority (b) The recognition rights of the majority representative 2.48.120 Designation of municipal employee relations officer. The City Manager shall be the municipal employee relations officer who shall be the City's principal representa- tive in all matters of employer-employee relations, with author- ity 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 City Manager is authorized to delegate these duties and responsibilities. 2.48.130 Resolution of impasses. The procedures of this section may be invoked only after the possibility of settlement by direct discussion, by all parties concerned, has been exhausted 8. 1 2 3 4 5 6 7 8 9 10 11 12 13 2C 21 22 22 24 25 26 27 2e !- 5 The impasse procedures are as follows: 2.48.030(m). All mediation proceedings shall be private. The mediator shall make no public recommendations nor take any public position concerning the issues. (b) A determination by the City Council after a hearing on the merits of the dispute. (c) Any other dispute resolving procedures to which the parties mutually agree or which the City Council may order. Any party may initiate the impasse procedure by filing with the other party or parties affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting may then be scheduled by the municipal employee relations officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is to permit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and if agreement is not concluded, to mutually select the specific impasse procedure to which the dispute may be submitted. In the absence of agreement between the parties on the selection of an impasse procedure, the matter may be referred to the City Council. other impasse procedure, shall be payable one-half by the City and one-half by the employee organization or employee organization: (a) Mediation or conciliation as defined in section The fees and expenses, if any, of mediators or of any 2.48.140 Memorandum of understanding. When the meeting and conferrins Drocess 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. The memorandum of understanding shall be submitted to the City Council for determination. 2.48.150 Rules and regulations. The City Council may adopt such rules and regulations necessary or convenient to imple- ment the provisions of this chapter and Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.). 2.48.160 Construction. (a) Nothing in this chapter shall be construed to deny any person or employee the rights granted by federal or state laws. (b) The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this chapter. conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.). (c) The provisions of this chapter are not intended to 9. 1 2 3 4 5 6 7 E s 1c 11 12 1: 0 2( 2: 2: 2: 2d 2! 2( 2' 2r 2.48.170 Severability. If any provision of this chapter or the application of such provision to any person or circumstance shall be held invalid, the remainder of this chapter or the appli- cation of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected there- by - " EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adop- tion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 17th day of June 1975, and thereafter PASSED AND ADOPTED at a regular meeting of said Council of July 1975, by the following vote, held on the 1st day to wit: AYES : Counc ATTEST : lmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES : None ABSENT: None (SEAL) 10.