Loading...
HomeMy WebLinkAbout7173 - Employer-Employee Relations ResolutionRESOLUTION NO. ` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO PROMOTE IMPROVED RELATIONS AND COMMUNICATION BETWEEN THE CITY OF NEWPORT BEACH AND ITS EMPLOYEES, WHICH SHALL BE KNOWN AS THE "EMPLOYER - EMPLOYEE RELATIONS RESOLUTION" SECTION 1. Statement of Purpose. This resolution is enacted pursuant to the authority contained in Chapter 10, Division 4, Title 1 of the California Government Code (Section 3500 et seq.) entitled "Public Employee Organizations " for the purpose of pro- viding orderly procedures for the administration of employer - employee relations between the City of Newport Beach (hereinafter referred to as the "City") and its employee organizations and for resolving questions regarding wages, hours and other terms and conditions of employment, and to establish procedures for the recognition of employee organizations. SECTION 2. Definitions. Terms used herein that are used in Government Code Section 3500 et seq. will have the same meaning as in said Code, and have been restated herein for the purpose of convenience, together with certain other definitions which are unique to this resolution. (A) "City" - means the City of Newport Beach, 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. (B) "City Representative " - The City Manager of the City shall be the City's representative in employer - employee relations. The City Manager may designate staff employees as City Representatives to assist him as necessary. (C) "Employee" - means any person permanently employed by the City, excepting members of the City -1® Council, members of appointive boards and commissions. • (D) "Employee, Confidential" - means any employee whose duties would give the employee access to decisions and decision - making processes of the City concerning any matters relating to employer - employee relations. (E) "Employee, Management" - means. (1) Any employee having significant .responsibilities for formulating and administering City policies and programs, including but not limited to the City Manager and department heads. (2) Any employee having responsibility to assign, direct or supervise employees, or to adjust grievances of employees, 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. (F) "Employee Group for Recognition" - As defined in Section 6 and established pursuant to Section 7 of this resolution. (G) "Employee Organization" - means any organization which includes employees of the City and which has as one of its primary purposes the representation of such employees in their relations with the City. (H) "Employee Representative" - means the authorized representative of a Recognized Employee Organization. (Y) "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. (J) "Failure to AgreeBP - means the City -2- Representative and a Recognized Employee Organization have been . unable to reach agreement concerning a subject over which they are meeting and conferring in good faith. (K) "Grievance" - means any disagreement concerning the interpretation or application of this resolution, or of rules and regulations governing personnel practices or working conditions. (L) "Majority. Representative" - means an employee organization which the City Representative has formally recognized as representing the majority of the employees in an Employee Group for Recognition as designated by the City. Formal recognition includes the right to meet and confer in good faith with the City Representative. (M) "Mediation" - means the use of an impartial third person to assist the City Representative and a Recognized Employee Organization or Organizations to voluntarily reach an accord where there has been a failure to agree. (N) "Meet and Confer in Good Faith" - means. the performance by duly authorized City Representatives and duly authorized representatives of a Recognized Employee Organization of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of rep- resentation, 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; and (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. -3- . (0) "Recognized Employee Organization" - means an employee organization which has been formally recognized •by the City Representative as an employee organization pursuant to Section 6 of this resolution. (P) "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 responsibilities and rights (Section 3) are excluded from the scope of representation. SECTION 3. City Responsibilities and Rights. To insure that the City is able to carry out its functions and responsibili- ties, the following matters will not be subject to the meet -and- confer process, but shall be within the exclusive discretion of the City: The exclusive right to determine the mission of its constituent departments, commissions and boards; to determine the procedures and standards of selection for employment and promotion; to direct its employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to determine the content of job classifications; to hire, transfer and to promote or to lay off employees for lack of work; to suspend, discipline and dis- charge employees for just cause; to expand or to diminish services; to subcontract any work or operations; and to determine the methods, means and personnel by which government operations are to be conducted. SECTION 4. Employee Rights. The 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 -4- representation on all matters of employer- employee relations, including, but not limited to wages, hours and other terms and conditions of employment. Management, and confidential employees may not represent employees in any of the employee groups on matters within the scope of representation, but they may join and be represented by employee organizations. Professional employees shall not be denied the right to be represented separately from non- professional employees. Employees of the City shall also have the right to refuse to join or participate in the activities of employee organizations, and shall have the right to represent themselves individually in their employment relations with the City. Individual representation shall begin with the employee's supervisor. Requests within the scope of representation presented in writing, shall be answered in writing within 7 calendar days. If not resolved, the problem may be presented to the department head in written form. Answer shall be made in writing by the department head within 14 calendar days. If not resolved, the problem may be presented to the City Representative in writing. Answer shall be made within 21 calendar days. The City and employee organizations shall not interfere with, intimidate, restrain, coerce or discriminate against employees because of their exercise of their rights under this section. SECTION 5. Designation of Management and Confidential Employees. The City Council authorizes the City Representative to designate the employees by job title which have been determined to be management or confidential employees. SECTION 6. Employee Group for Recognition. The City Representative, after reviewing the petition filed by an employee -5- 4/2/70 2. The history of employee relations: (i) in the group; (ii) among other employees of the City; (iii) in similar public employment. 3. The effect of the grouping on the efficient operation of the City and sound employer- employee relations. 4. The extent to which employees have a community of interest, such as common skills, working conditions, job duties or similar educational requirements. 5. The effect on the existing classi- fication structure of dividing a single classification among two or more groups. Provided, however, no group shall be established solely on the basis of the extent to which employees in the proposed group have organized or have not organized. SECTION 7. Petition for Recognition. An organization representing employees that seeks recognition as the majority representative of the employees in an Employee Group for Recogni- tion shall file with the City Representative a petition containing the following information: (A) Name and address of the employee • organization; • (B) Names and titles of its officers; (C) Names of two employee organization KM -- organization seeking formal recognition as majority representative, • shall determine whether the proposed group is an appropriate group for recognition. Factors to be considered are listed as follows: 1. Which group will assure employees the fullest freedom in the exercise of rights set forth under this resolution. 2. The history of employee relations: (i) in the group; (ii) among other employees of the City; (iii) in similar public employment. 3. The effect of the grouping on the efficient operation of the City and sound employer- employee relations. 4. The extent to which employees have a community of interest, such as common skills, working conditions, job duties or similar educational requirements. 5. The effect on the existing classi- fication structure of dividing a single classification among two or more groups. Provided, however, no group shall be established solely on the basis of the extent to which employees in the proposed group have organized or have not organized. SECTION 7. Petition for Recognition. An organization representing employees that seeks recognition as the majority representative of the employees in an Employee Group for Recogni- tion shall file with the City Representative a petition containing the following information: (A) Name and address of the employee • organization; • (B) Names and titles of its officers; (C) Names of two employee organization KM -- representatives who are authorized to speak on behalf of its • members; • (D) A certified copy of the employee organization's constitution or bylaws which shall contain a state- ment that the employee organization has as one of its primary purposes the representation of the employees in their employment relations with the City; (E) 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 international organization, and, if so, the name and address of each such regional, state, national or international organi- zation; (F) The 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 to employee organization; (G) A statement that the employee organi- zation recognizes that the provisions of Section 923 of the Labor Code are not applicable to City employees. (H) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin or age. (I) The names of the employees it represents, together with the class titles and departments where employed. (J) Signed statements, dated within six months of the date upon which the petition is filed, from a majority of the employees in the Employee Group for Recognition designating the organization as their representative in their employment relations with the City. Such written proof shall be -7- • • • • submitted for confirmation to the City Representative. (K) A request that the City Representative recognize the employee organization as the majority representative of the employees in the Employee Group for Recognition for the purpose of meeting and conferring in good faith on all matters within the scope of representation. SECTION 8. Recognition of Majority Representatives. Upon the determination of the City Representative that the pets -. tioner meets the criteria of an employee organization, he may, at his sole discretion, grant recognition for purposes of meeting and conferring in good faith after determining the majority status of the employee organization by either having a secret ballot election conducted by a neutral party, or by any other reasonable method based upon written proof executed within the preceding six months. When recognition is granted, the City Representative will provide a letter of certification to the Recognized Employee Organization. The determination of what constitutes an appropriate Employee Group for Recognition shall be made solely by the City Representative, which decision shall be a fair and reasonable one which takes into account all applicable precedent. The recognition extended to the majority representatives of the employee groups described in Section 6 of this resolution shall not be subject to challenge by any competing employee organization until two years from the date of initial recognition by the adoption of this resolution, and may be renewed for addition- al two year periods, except as provided below: A petition for modification of an Employee Group for Recognition and /or decertification may be filed with the City Representative after the initial two -year period, but not more than ninety or less than sixty days prior to the expiration or ''M renewal date of a memorandum of understanding between the Recognized • Employee Organization and the City. • Such petition may be filed by (1) the Recognized Employee Organization as a disavowal of interest; (2) another organization provided the petition is accompanied by authorization cards signed by at least thirty percent of all employees in an employee group granted recognition prior to filing the petition; (3) any group of employees consisting of at least ten percent of all employees of the City. SECTION 9. Agreement -- Preparation of Memorandum of Understanding. If agreement is reached by the representatives of the City and a Recognized Employee Organization or Organizations on matters within the scope of representation, they shall jointly prepare a written memorandum of such understanding, which shall not be binding, and present it to the City Council for determination. SECTION 10. Disposition of Failure to Agree. Any failure to agree as defined in this resolution:may be settled in the following manner: If after a reasonable period of time, the City Representa- tive and a recognized Employee Organization or Organizations fail to reach agreement, the City Representative and the Recognized Employee Organization or Recognized Employee Organizations together may agree upon the appointment of a mediator mutually agreeable to the parties. If mutual agreement on the appointment of a mediator cannot be reached, the parties may select a mediator by obtaining a list of seven names from the American Arbitration Association, The State Mediation and Conciliation Service, or some other agreed • upon source, and each party shall alternately strike one name from ithe list until only one name remains. The parties shall instruct the mediator on the facts to be ascertained and the issues on 0 • which his interpretation, suggestion and advice are sought. Costs of mediation shall be divided one -half to the City and one -half to the Recognized Employee Organization or Recognized Employee Organizations. The mediator shall keep all discussions with the parties confidential, and shall take no public position on the merits of the issue or issues. His powers will be strictly limited to his efforts to aid the parties to reach a voluntary accord. SECTION 11. Grievance Procedure. Any employee or group of employees may file a grievance regarding the interpretation or application of this resolution or of rules and regulations adversely affecting an employee's wages, hours or conditions of employment. procedure: A grievance shall be filed according `to the following Step 1. A grievance may be filed by any employee in his own behalf, or jointly by a group of employees, or by a Recognized Employee Organization. Within seven calendar days of the event giving rise to a grievance, the grievant shall present the grievance in writing to the immediate supervisor. Grievances not presented within the time period shall be considered resolved. The supervisor shall meet with the grievant to settle the grievance and give a written answer to the grievant within seven calendar days from the receipt of the grievance by the supervisor. When the immediate supervisor is also the department head the grievance shall be presented directly in Step 2 Step 2. If the grievance is not resolved in Step 1, the grievant may, within fourteen calendar days from his receipt of the supervisor's answer, forward the grievance to his -10- department head for consideration. Answer to the grievance shall be made in writing by the department head, after conferring with the grievant, within fourteen calendar days from receipt of the grievance. Step 3. If the grievance is not resolved in Step 2, appeal to Step 3 may be made by the grievant, within ten calendar days from his receipt of the department head's answer, through the representative of his Recognized Employee Organization who may request a meeting with the City Representa- tive to resolve the grievance. Following the meeting, answer shall be made by the City Representative in writing to the representative within twenty -one calendar days. The Grievance Procedure established by this section shall not be applicable to any grievance affecting an employee who is included within the Civil Service system (Police and Fire personnel) if such grievance is within the jurisdiction of the Civil Service Board as provided in Chapter 2.24 of the Newport Beach Municipal Code. SECTION 12. Employees at Meetings. A maximum of two employees representing a Recognized Employee Organization may be released from work without loss of pay or benefits to meet with the City Representative in employer - employee relations. The limitation of two employees may be waived upon mutual agreement between the City Representative and the Recognized Employee Organization. SECTION 13. Timetable for Submission of Requests Preliminary requests from Recognized Employee Organizations for changes in wages, fringe benefits and other terms and conditions of employment shall be submitted by March l of each year for considera- tion by the City Representative for the following fiscal year. SECTION 14. Membership Dues Deduction. Only a Recognized -11- Employee Organization may have the regular dues of its members • deducted from the employees' paychecks, and only upon the written • authorization of the individual employee. SECTION 15. Use of Bulletin Boards. Space shall be made available to Recognized Employee Organizations on existing depart- mental bulletin boards within the representation unit provided such use does not interfere with the needs of the department and the material posted is not derogatory to the City, employees of the City, or other employee organizations in the fair and equitable judgment of the City Representative. SECTION 16. Use of City Facilities. Recognized Employee Organizations may distribute pamphlets, brochures and membership cards in City facilities only during non - working hours of the employees involved. No unrecognized employee organization shall engage in organizing activities or distribute pamphlets or similar literature in connection therewith on any City property. Recognized Employee Organizations may hold meetings of their members or representatives on City property provided they obtain the prior permission of the City Representative. Unless there are extraordinary circumstances such requests should be presented to the City Representative at least twenty -four hours prior to the anticipated time of the meeting. The City Representa- tive may authorize such meetings of Police and Fire Department during duty hours. SECTION 17. Peace Officers' Affiliation with Other Organizations. All City employees who are peace officers, as that term is defined in Section 817 of the California Penal Code, may • form, join, participate in, and be represented by employee • organizations of their own choosing for the purpose of representa- tion on all matters of employer - employee relations as provided -12- 0 by this Resolution, provided such employee organizations: (i) are composed solely of such peace officers, and (ii) 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 (iii) are not subordinate to any other organization. SECTION 18. Advance Notice. Except in case of emergency, each Recognized Employee Organization affected shall be given written notice of any resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council and shall be given the opportunity to meet with the City Representative prior to its adoption. SECTION 19. Separability. 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 resolu- tion or the application of such provision to persons and circumstances other than those to which it is held invalid shall not be affected thereby. SECTION.20. Adoption of Resolution. This resolution is adopted after consultation in good faith with the Newport Beach City Employees Association and the Newport Beach Police Employees Association and the Newport Beach Fire Fighters Association, which are the only employee organizations having members in the employ of the City. ADOPTED this 137i! day of hFML ,n�1}970. Mayor CqTMED AS THE RIG Pi.L....--- ....... ...... ....... .CITY CLERK OF THE CITY F NEW BEACH PAM -4- ...._!.. -13- THS :eg 3/16/70