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CC RESOLUTION 3208RESOLUTION NO. 3208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, ESTABLISHING PROCEDURES GOVERNING EMPLOYER - EMPLOYEE ORGANIZATION RELATIONS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Statement of Purpose. This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) by providing orderly procedures for the administration of employer- employee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of State law, City ordinances, resolutions and rules which establish and regulate the merit system, or which provide for other methods of administering employer- employee relations. This Resolution is intended, instead, to strengthen the merit system through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City. It is the purpose of this Resolution to provide pro- cedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by Federal or State law or controlled by the City's initiative merit system ordinance. However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the methods and means of providing its services to the public, and the mission and activities of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of INPQ3 selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; maintain the efficiency of governmental operations; determine the methods, means and the numbers and kinds of personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and dis- cretion over its organization and the methods, means, and technology of performing its work. SECTION 2. Definitions. As used in this Resolution, the following terms shall have the meanings indicated: a. "Appropriate Unit" means a unit of employee classes or positions, established pursuant to Sections 3 through 10 hereof. b. "City" means the City of E1 Segundo, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined. C. "Confidential Employee" means an employee, who, in the course of his or her duties, has access to information relating to the City's administration of employer- employee relations. d. "Consult /Consultation in Good Faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement, nor is it subject to Sections IS through 18, hereof. e. "Day" means calendar day unless expressly stated otherwise. f. "Employee Relations Officer" means the City Manager or his /her duly authorized representative. g. "Impasse" means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. h. "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies or programs. -2- 1'4089 i. "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within one hundred eighty (180) days prior to the filing of a petition. j. "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Sections 3 through 10, hereof, which thereby assumes the corresponding obligation of fairly representing such employees. k. "Supervisory Employee" means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge,.assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. SECTION 3. Filing of Recognition Petition by Employee Organization. An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the Employee Relations Officer containing the following information and documentation: a. Name and address of the employee organization. b. Names and titles of its officers. C. Names of employee organization representatives who are authorized to speak on behalf of the organization. d. A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the City. -3- `' (I 'J ! 1 e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization. f. Certified copies of the employee organization's constitution and by -laws. g. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, age or physical disability. i. The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. k. A request that the Employee Relations Officer formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. SECTION 4. City Response to Recognition Petition. Upon receipt of the Petition, the Employee Relations Officer shall determine whether: a. There has been compliance with the require- ments of the Recognition Petition, and b. The proposed representation unit is an appro- priate unit in accordance with Sec. 8 of this Resolution. -4- '1g91 If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, the Employee Relations Officer shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization, and, if a unit determina- tion thereafter remains unchanged, shall inform that organization of the reasons therefor in writing. The petitioning employee organization may appeal a unit determination in accordance with Sec. 10 of this Resolution. SECTION 5. Open Period for Filing Challenging Petition. Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Sec. 3 of this Resolution. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 8 of this Resolution. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination ME is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Sec. 10 of this Resolution. SECTION 6. Election Procedure. The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Resolution shall be included on the ballot. The choice of "No Organization -- Employees May Represent Themselves Individually In Their Employment Relations With The City" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as an Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run- off election if it received a numerical majority of all valid votes cast in the election. In an election involving three (3) or more choices, where none of the choices receives a majority of the valid votes cast, a run -off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run -off election. There shall be no more than one (1) valid election under this Resolution pursuant to any petition in a 12 -month period affecting the same unit. 1 `1"643 In the event that the parties are unable to agree on a third party to conduct an election, the election shall be con- ducted by the California State Mediation and Conciliation Service. Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot. SECTION 7. Procedure for Decertification of Exclusivel Recognized Employee Organization. A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of February of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred fifty (150) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two (2) or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as the representative of that unit. C. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto. d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section. -7- An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent and otherwise conforms to the requirements of Section 3 of this Resolution. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of Sections 3 through 10 of this Resolution, If his /her determination is in the negative, he /she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization, and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefor in writing. The petitioning employees or employee organization may appeal such determination in accordance with Sec. 10 of this Resolution. If the determination of the Employee Relations Officer is in the affirmative, or if his /her negative determination is reversed on appeal, he /she shall give written notice of such decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification, and, if a Recognition Petition was duly filed hereunder, the question of representa- tion. Such election shall be conducted in conformance with Sec. 6 of this Resolution. During the "open period" specified in the first paragraph of this Section 7, the Employee Relations Officer may on his /her own motion, when he /she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give l�py'1rw notice to that organization and all unit employees that he /she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Sec. 7, which the Employee Relations Officer shall act on in accordance with this Sec. 7. If pursuant to this Sec. 7, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall upon certification assume all representational rights and obligations and shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. SECTION 8. Policy and Standards for Determination of Appropriate Units. The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: a. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. b. History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. C. Consistency with the organizational patterns of the City. d. Number of employees and classifications, and the effect on the administration of employer - employee relations created by the fragmentation of classifications and proliferation of units. e. Effect on the clasification structure and impact on the stability of the employer- employee relationship of dividing a single or related classification among two (2) or more units. Nothwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibili- ties, as defined in Section 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore, managerial, supervisory and confidential employees may only be included in a unit or units consisting solely of managerial, supervisory and /or confidential employees. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees. Notwithstanding the foregoing provisions of this Section, the City Council hereby designates the classifications and positions of Police Officer, Police Sergeant, and Police Lieutenant as having duties consisting primarily of the enforcement of State and local laws, and employees in these classifications and positions shall be limited to forming, joining, participating and being represented by employee organizations which are composed solely of such law enforcement employees, which concern themselves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession, and which are not subordinate to any other organization. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifica- tions or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. -10- SECTION 9. w Procedure for Modification of Established Appropriate Units. Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Sec. 7 of this Resolution. Such requests shall be submitted in the form of a Recognition Petition, and, in addition to the requirements set forth in Sec. 3 of this resolution, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec. 8 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under Sections 3 through 10 of this Resolution. The Employee Relations Officer may on his own motion propose during the period specified in Sec. 7 of this Resolution that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 8 of this Resolution and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 10 of this resolution. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the exclusively recognized Employee Organization for such new appropriate unit or units pursuant to Secs. 3 -6 hereof. The term unit modification as used in this Section means a proposed addition to or deletion from classifications comprising the Unit which would result in a substantial change in the number of employees included in that Unit. -11- t l (l q SECTION 10. Appeals. An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Resolution may, within ten (10) days of notice thereof, request the intervention of the California State Mediation and Conciliation Service pursuant to Government Code Sections 3507.1 and 3507.3, or may, in lieu thereof or thereafter appeal such determination to the City Council for final decision, within fifteen (15) days of notice of the Employee Relations Officer's determination or the termination of proceedings pursuant to Government Code Sections 3507.1 and 3507.3, whichever is later. Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third party hearing process for advisory recommendations. Any decision of the City Council on the use of such procedure, and /or any decision of the City Council determining the substance of the dispute shall be final and binding. SECTION 11. Currently Recognized Employee Organizations. Notwithstanding all of the above provisions of this Resolution, employee organizations recognized by the City as the recognized sole organizational representative of employees in a designated unit, and that are parties to a Memorandum of Understanding with the City that is in effect on the date this Resolution becomes effective, shall retain their status as such solely recognized organization for the remaining term of such Memorandum of Understanding. SECTION 12. Submission of Current Information by Recognized Employee Organizations. All changes in the information filed with the City by an Exclusively Recognized Employee Organization under items "a." through "h." of its Recognition Petition under Sec. 3 of this Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14) days of such change. -12- 1 `I4(Ic" SECTION 13. Payroll Deductions on Behalf of Employee Organizations. Upon formal acknowledgement by the City of an Exclusively Recognized Employee Organization under this Resolution, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by the Exclusively Recognized Employee Organization on forms provided therefor by the City. The providing of such service to the Exclusively Recognized Employee Organization by the City shall be contingent upon and in accordance with the provisions of Memoranda of Understanding and /or applicable administrative procedures. SECTION 14. Employee Organization Activities - -Use of City Resources. Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding approved by the City Council and /or by administrative procedures, and shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer- employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections (except where the City Manager finds that it is not reasonably possible for a Recognized Employee Organization to conduct an organizational meeting at a time when a significant number of affected employees are not scheduled to be on duty). In no event shall such activities be permitted to interfere with the efficiency, safety and security of City operations. SECTION 15. Administrative Rules and Procedures. The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after consultation with affected employee organizations. -13- SECTION 16. Initiation of Impasse Procedures. If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together wih a statement of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: a. To review the position of the parties in a final effort to reach agreement on the Memorandum of Understanding. b. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. SECTION 17. Impasse Procedures. Impasse procedures are as follows: a. If the parties agreed to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. b. If the parties agreed to submit the impasse directly to the City Council, or if the parties did not agree on mediation or the selection of a mediator or having so agreed, the impasse has not been resolved through such mediation, the City Council may take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding. SECTION 18. Costs of Impasse Procedures. The costs for the services of a mediator utilized by the parties, and other mutually incurred costs of mediation, shall be borne equally by the City and the Exclusively Recognized Employee Organization. SECTION 19. Construction. This Resolution shall be administered and construed as follows: a. Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law. -14- 14001- b. This Resolution shall be interpreted so as to carry out its purposes as set forth in Section 1. C. Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown or speedup of work or departure from normative work patterns. This Resolution prohibits such activities. In consideration of and as a condition of initial and continued employment by the City, employees and employee organizations recognize that any such actions by them are in violation of their conditions of employment and this Resolution. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination and may be deemed to have abandoned their employment; and employee organizations may thereby forfeit all rights accorded them under this Resolution and other City law for a period of up to one (1) year, provided however, no such forfeiture shall occur until after notice and a hearing before the City Council. SECTION 20. Severability. If any provision of this Resolution, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. -15- SECTION 21. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 7th day of June , 1983. ATTEST: VALERIE A. BURROWES City Clerk (SEAL) By. Deputy MW r of the City of E1 Segundo, California -16- 14003 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF EL SEGUNDO ) SS I, VALERIE A. BURROWES , City Clerk of the City of E1 Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 3208 was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 7th day of June , 19 83 and that the same was so passed and adopted by the following vote: AYES: Councilmenbers Armstrong, Johnson, Synadinos and Mayor Bue NOES: Councilme mbers Siadek ABSENT: Councilme mbers None WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY this 13th day of June 1983 VALERIE A. BURROWES City Clerk of the City of E1 Segundo, California ( SEAL) B /� By Deputy