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
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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
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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.
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. (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
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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
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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
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organization seeking formal
recognition as
majority representative,
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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
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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
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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
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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
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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
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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
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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
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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
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.CITY CLERK OF THE CITY F NEW BEACH
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