Loading...
HomeMy WebLinkAbout1975-06-17; City Council; 3395; Employer-Employee Relations ProcedureCITY OF CARLSBAD AGENDA'BILL NO. ?,6 DATE: Time 17 1975 DEPARTMENT:�jjej:,cannP1 -- Subject: EMPLOYER -EMPLOYEE RELATIONS PROCEDURE Statement of the Matter initial: Dept. lid. C. Atty. a_ C. Mgr. �' The City does not have established procedures for employer - employee relations. Exhibit 1 is a recommended ordinance em- bodying such a procedure. Exhibit 2 is a recommended resolu- tion implementing the ordinance with rules and regulations. As employer -employee relations become more sophisticated, the need to establish more precise rules and procedures to govern these relations becomes evident. The recommended ordinance follows closely the format prepared by the League of California Cities. It identifies management, prescribes procedures for forming, selecting, recognizing and operating employee organi- zations of city employees. In many parts it formalizes ac- cepted procedures and provides positive Statements of what presently is assumed to exist. Other portions of the ordinance set procedures in areas of employer -employee relations not yet encountered. Exhibits - 1. Ordinance No. 2. Resolution No*O' Recommendations tf Council concurs, the action is to introduce Ordinance No.�( by the Council. Resolution No-j" will be returned to the Council for adoption a': the same time as the ordinance., 6-17-75 Following a report by the Personnel Director as -to th'e purpose of'the proposed ordinance, Ordinance #1181 was introduced for a first reading. 7-1-75 Ordinance 41181 was given a second reading by title only and adopted. Resolution #3666 was adopted, adopting Rules and Regulations , pursuant to Chapter 2.48 of the Carlsbad Municipal Code. 4 �� • li 1 2 3 4 5 6 7 8 9 10 11 12 13 Q 14 15 CE 50z 16 ap Qo �a2 17 W � W 8C 18 0o^m >Q 19 E 20 21 22 2'3 24 25 26 27 28 ._29 10 RESOLUTION NO. 3666 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING RULES AND REGULATIONS FOR EMPLOYER - EMPLOYEE RELATIONS PURISUANT TO CHAPTER 2.48 OF THE CARLSBAD MUNICIPAL CODE. WHEREAS, Chapter 2.48 of the Carlsbad Municipal Code provides a procedure for employer -employee relations in the City of Carlsbad;,and -WHEREAS, Section 2.48.150 empowers the City Council to adopt such rules and regulations necessary or convenient to imple- ment such procedures; and WHEREAS, the City Manager, after consultation with all employee groups has prepared a set of rules and regulations which the City Council finds appropriate for the City of Carlsbad; NOW, THEREFORE, BE IT RESOLVLD by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council does hereby adopt as the "City of Carlsbad Employer -Employee Relations Rules and Regulations" the rules and regulations set forth 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 1st day of July , 1975,- by the following vote, to wit: �V I AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler 2 NOES: None 3 ABSENT: None 4 (I, ✓'!-* 4a ROBERT C. FRAZE•, Mayor 6 ATTEST: 7 — 8 G " 9 10 (SEA ,' 11 • 12 13 0 14 8 15 gp 22 • 16_ 2ag ~ `O ma3z 17 N W W " §m 18 19 20 21 ` 22 23 24 25 26 27 28 29 2. 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 9EPRESENTA- TIVE IN AN APPROPRIATE UNIT. A. An employee organization that seeks formal recogni- tion as the•majority representative in an appropriate unit • i shall file a Petition for Recognition with the municipal 4 employee relations officer containing all of the information set forth in section 2.48.OgO(a) of the Municipal Code ac- companied by written proof that at least thirty percent•oi 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 nrooi be submitted to a mutually agreed upon disinterested third n 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 puch 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 si,bsection 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 Caiifornis State Conciliation Service, the American Arbitration Asso- ciation, or some agreed upon third party. All challenging organizations which hLve 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 - eluded 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 24 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 vela- tions officer only during the months of October or November of each year following the first full year of f.)rmal 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 ar& 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 the appropriate unit, and any other relevant and material facts. (4) 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. The formally recognized employee organi- zation shall be decertified if a majority of those casting valid ballots vote for decertification. 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. ;_., -1 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 employees 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 deter- mines that the proposed modified unit is the appropriate unit, then he shall follow the procedures set forth in Sect'.on 1 of this rule for .determining formal recognition rights in such unit. ` SECTION 4. DURATION OF FORMAL 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 co,iducted in accord- ance with the fotegoing 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) dppear on.the ballot. 7. K ,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 rhle 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 II.� 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 III. 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 '9yee relations officei 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 . ofi 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 b'Lilletin hoards 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 making7 public records available and £terr . payment of reasonable costs, where applicable. Information which shill 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' th,, source. Nothing in this rule shall be construed as requir- ing the City to do research for an inquirer or to do pro- gramming or assemble data in a manner -other than usually done by the agency. 12. j 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 vont?:ary 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 t 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 repoft 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 an;r 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 - rent to agenda, spokesman and recesses. RULE X. MANAGEMENT AND CONFIDENTIAL -EMPLOYEES. Those management and confidential employees of the City defined in Ordinance Number. A 19 1shall be restricted from representing any'employee organization which represent8'other employees of the City on matters within the scope of representation; serving in leadership or policy making positions in such employee organizatione,'or in any way acting in a position br manner which, is contrary to their designation as management or confidential employees of"the City. ' i 1 . 3 41 6 7 8' 9 10' 11 12 13 V 14 CE 15 a go=Z 26 Z 6, � Q LL0 ma,n 17 LL W �/ WZgQ 18 Z O N >� 19 20 21 22 23 24 25 2S 27 26 29 rr`t ORDINANCE NO. 1181 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. 4 8o J lV S a LL W C Z 2 K -0 3-J 4e W w 4 zol-�<m �V 1; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25 261 27 28 2.48.030 Definitions. 2.48.040 Employee rights. 2.48.050 City rights. 2.48.060 Meet and confer in good faith --Scope. 2.48.070 Consultation in good faith --Scope. 2.48.080 Advance notice. 2.48.090 Petition for recognition. 2.48.100 Appropriate unit. 2.48.110 Recognition of employee organization as majority representative --Formal recognition. 2.48.120 Designation of municipal employee relations officer. 2,48.130 Resolution of impasses. 2.48.140 Memorandum of understanding. 2.48.150 Rules and regulations. 2.48.160 Construction. 2.4.8.170 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 tc? implement Chapter 10, Divi is on 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- lowing terms shall have the meanings indicated: (a) 'Appropriate unit' means a unit established pursuant to section 2.48.100 of this chapter; (b) 'City' means t,ie City of Carlsbad, California, 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 com- mdnicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; (d) 'Day' means calendar day; (e) 'Employee' means any person regularly employed by the City excluding persons elected by popular vote but including the City Clerk when performing the functions of license supervisor; (f) 'Employee, confidential' means an employee who is privy to decisions of City management affecting employer -employee relations; (g) 'Employee, management' means: Any employee having significant responsibility for formulating and admin4stering City 2. o w N CO ic s U. z W6 Q LL LL} WC) W zogm V 1 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171 18, 19 20 21 22 23 24 25 •26 27 28 + 29 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. .(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. (j) '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) 'Impasse'•means (1) a deadlock in the annual or 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 organiza- 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. (1) 'Majority representative' means an employee organiza- 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. (m) 'Mediation or conciliation' means the efforts of an kP 1 2 3 4 7 8 10 11 12 13 15 16 17 18 19 20 21 22, 23 24 25 26 27 28 29 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. (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 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 a-7reement on those matters within the au�_-hority of such representatives; •(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 either party to agree to a proposal or to make a concession. (o) 'Municipal employee relations officer' means the 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. (q) 'Firefighter' mearis a uniformed employee: of the fire 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.recogni.tion' which is the right to consultation in good faith by all recognized employee organizations (s) '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. City rights•(section'2.48.050) are excluded from the .scope of representation. 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 bnt not limited to wage:, 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. 5 ¢C gW Q C, z0' 0 W LL m�aJ W R LU ZO Yrm '< Cr 2 4 5 6 7 8 9 10 11 12 131 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 missioi 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'represe,ntation rights regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment within the appropriate unit. (b) The City shall not be required to meet and confer 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. 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. S. 0 a m m 9 g L g'O zW� o>0 a �MU: W W z Q zo_m >� a 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17'. 18'' 19 20 21 22 23 24 25 26 27 28 P.9 2.48.090 Petition for recognition. There are two levels of -employee organization recognition --formal and informal. The recognition requirements of each are set forth below: (a) 'Formal recognition' means the right to meet and confer in good faith as majority representative. An employee organization that seeks formal recognition for purposes of meeting and conferring in good faith as the majority representative of employees in an appropriate unit shall file a petition with the municipal employee relations officer containing -the following information and documentation: (1) Name and address of the employee organization. (2) Names.and•titles of its officers. (3) Names of employee organization representatives who are authorized to speak on behalf of its members. (4) A statement that the employee organization has as one of its primary purposes representing employees in their employment relations with the City. (5) 'A statement whether the employee organization is a chapter or local of, ok 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. (6) Certified copies of the employee organization's constitution and bylaws. (7) 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. (8) A statement that the employee organization recog- nizes that the provisions of Section 923 of the Labor Code are not appiicable to City employees. (9) A4statement that the employee organization has 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. (b) 'Informal recognition' means the right to consult in 6. 1 2 3 4! 5I 6' 7 8 9 10 11 12 13 14', 15 16 17 1.8 19 20 21 22' 23' 24ii 25 -26 27 28 29 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, (1) All of the information enumerated in (a)(1) through (a)(9) of this section, inclusive. (2) 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 have designated the employee organization tc 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. (3) A request that the municipal employee relations 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 Pike 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. An employee organiza- 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. 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. The principal criterion in making this deter- 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: (1) Which unit will assure employees the fullest freedom in the exercise of rights set forth under this chapter. (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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Al 27 (5) The effect on the existing classification shructures of dividing a single classification among two or more units. Provided, however, no unit shall'be established solely'on the basis of the extent to which employees in the proposed unit have organized. (b) In the establishment of appropriate units: (1) Professional employees shall not be denied the right to be represented separately f-rom 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 representation. 2 48 110 Recognition of employee organization as majoritl e.,,-nconrai�'iva--Fnrmal recognition. (a) The municipal employee relations officer may: (1) Determine the majority representative of City 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 o£ 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 organi nation 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 .:onsulting with management repre- sentatives on employer -employee relations matters of concern to them. (2) Revoke the recognition rights of a majority representative, which has been founu by secret ballot election no longer to be the majority representative. (b) The recognition rights of 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. 2 48 120 Designation of municipal employee relations officer. The City Manager shall be the municipal employee rely ns 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� I 8 9 10 11 12 13 14; 15 16 17 181 19 20 21 22 23 24 25 •26 27 28 291 The impasse procedures 3�re as follows: (a) Mediation or conciliation as defined in section 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. I(b) A determination by the City Council after a hearing on the merits of the dispute. (c) Any other dispute ics,:;17ing 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. The fees and `expenses, if any, of mediators or of any other impasse procedure, shail be payable one-half by the City and one-half by the employee organization or employee organization. 2.48.140 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. 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 cr 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.). 2.48AG0 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. (c) The provisions of this chapter are not intended to conflict with the provisions of Chapter- 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.). 9. FEW 1 2 3 4 5 6 • 7 8 91 10 11 12 13 0 14 + Q 0o s 15 a Z°=¢ 16 `LL� 17 ma� W Wz C 18 7O"0 cc19 20 21 22 23 24 25 26 27 28 29 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 Carlsb.1 City Council held on the 111th day of June , 1975, and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 1st- day of July , 1975, by the following vote, to wit: AXES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES: None ABSENT: None ATTEST: (SEAL) fix%' "y /,;mne> E. ADAMS,k City Clerk ) �__ea ROBERT C. FRAZEE, Mayor 10.