[§ 1.01, Ord. 522, eff. December 18, 1969]
This chapter shall be known as the "Employer-Employee Relations
Law" of the City.
[§ 1.02, Ord. 522, eff. December 18, 1969]
The purpose of this chapter is to implement Chapter 10, Division
4, Title 1 of the
Government Code of the State (§§ 3500,
et seq.), entitled "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.
[§ 5.01, Ord. 522, eff. December 18, 1969]
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 (§§ 3500, et seq.) as amended in
1968, and nothing in this chapter shall be construed to deny any person
or employee the rights granted by Federal and State laws and City
Charter provisions. The rights, powers, and authority of the Council
in all matters, including the right to maintain any legal action,
shall not be modified or rescinded by mutual agreement of the parties
thereto.
[§ 1.03, Ord. 522, eff. December 18, 1969]
The City Manager is hereby designated as the Municipal Employee
Relations Officer and shall be the City's principal representative
in all matters of employer-employee organizations. The City Manager
is hereby authorized to delegate these duties and responsibilities
to other management officials.
[§ 1.04, Ord. 522, eff. December 18, 1969]
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
(a) APPROPRIATE UNIT – Shall mean a unit established pursuant to the provisions of §§
2-6.302 and
2-6.303 of Article 3 of this chapter.
(b) CITY – Shall mean the City of Avalon, a municipal corporation, and, where appropriate, "City" shall refer to the City Council, the governing body of the City, or any duly authorized management official as defined in subsection
(j) of this section.
(c) CITY SERVICES – Shall mean all governmental and proprietary
functions services, or activities hereinbefore or hereinafter performed,
authorized to be performed or required to be performed by the City
pursuant to the authority granted in the Constitution of the State
or any act of the Legislature of the State.
(d) CONSULT OR CONSULTATION IN GOOD FAITH – Shall mean communicate
verbally or in writing for the purpose of presenting and obtaining
views or advising of intended actions.
(e) EMPLOYEE – Shall mean any person regularly employed by the
City except those persons elected by popular vote.
(f) EMPLOYEE, CONFIDENTIAL – Shall mean an employee who is privy
to decisions of City management affecting employer-employee relations.
(g) EMPLOYEE, PROFESSIONAL – Shall mean employees engaged in work
requiring specialized knowledge and skills attained through the 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.
(h) EMPLOYEE ORGANIZATION – Shall mean 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.
(i) EMPLOYER-EMPLOYEE RELATIONS – Shall mean 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 employee or employees' organizations.
(j) MANAGEMENT OFFICIALS – Shall mean the City Manager, department
heads, and their designated representatives acting in their executive,
administrative, or ministerial capacity as authorized or prescribed
by this Code.
(k) MEDIATION – Shall mean the effort by an impartial third party
to assist in reconciling a dispute regarding wages, hours, and other
terms and conditions of employment between representatives of the
City and the recognized employee organizations through interpretation,
suggestion and advice.
(l) MEET AND CONFER IN GOOD FAITH (SOMETIMES REFERRED TO AS "MEET AND CONFER" OR "MEETING AND CONFERRING") – Shall mean performance by duly authorized representatives of the City and of recognized employee organizations of their mutual obligation as set forth in §
2-6.205 of Article 2 of this chapter.
(m) POLICE OFFICER – Shall mean and include those employees referred
as such in § 3508 of the
Government Code of the State.
(n) RECOGNIZED EMPLOYEE ORGANIZATION – Shall mean an employee organization which has been formally acknowledged by the City as an employee organization that represents employees of the City as provided in §
2-6.304 of Article 3 of this chapter.