[§ 4.01, Ord. 522, eff. December 18, 1969]
A copy of the Council agenda for each meeting, mailed to each
authorized representative of any recognized employee organization
in advance of such meeting, shall constitute reasonable written notice,
and notice of an opportunity to meet with such agencies, on all matters
within the scope of representation upon which the Council or Personnel
Board may act.
[§ 4.02, Ord. 522, eff. December 18, 1969]
Members of any recognized employee organization may, by any
reasonable method, select not more than one employee member of such
organization of each 20 members, or major portion there- of, to meet
and confer with the Municipal Employee Relations Officer and other
management officials (after written certification of such selection
by an authorized official of the organization) on subjects within
the scope of representation during regular duty or work hours, without
loss of time; provided, however:
(a)
No employee representative shall leave his duty or work station or
assignment without specific approval by an authorized departmental
management official.
(b)
Any such meeting shall be subject to scheduling by an authorized
departmental management official so as to avoid interference with
or interruption of assigned work schedules or work performance.
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Nothing provided in this section, however, shall limit or restrict
management officials and employees or employee representatives from
meeting and conferring before or after regular duty or work hours
as a matter of mutual convenience.
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[§ 4.03, Ord. 522, eff. December 18, 1969]
Access to work or duty stations shall be limited to duty hours
for employee members of any recognized employee organization and shall
be prohibited at any time without special approval for non-employee
members and representatives of any recognized employee organization
or its affiliated organizations. Employee access during non-duty hours
and non-employee representative access during duty hours may be obtained
with the specific approval in each instance of the Municipal Employee
Relations Officer, or an authorized departmental management official,
when such access does not interfere with or interrupt work performance
and does not place an unreasonable or undue burden upon the time of
management officials.
[§ 4.04, Ord. 522, eff. December 18, 1969]
Participation by any employee in a strike or a concerted work
stoppage shall be unlawful and terminate the employment relation.
(a)
Employee organizations shall not participate in or encourage, assist,
or condone any strike, concerted work stoppage, cessation of work,
slow-down, sit-down, stay-away, picketing, or any other form of interference
with or limitation of the peaceful performance of City services.
(b)
In the event there occurs any strike, concerted work stoppage, cessation
of work stoppage, cessation of work, slow-down, sit-down, stay-away,
picketing, or any other form of interference with or limitation of
the peaceful performance of City services, the City, in addition to
any other lawful remedies or disciplinary actions, may by action of
the Municipal Employee Relations Officer, prohibit the use of bulletin
boards, prohibit the use of City facilities, and prohibit access to
former work or duty stations.
(c)
Employee members of any recognized employee organization shall not
be locked out or prevented by management officials from performing
their assigned duties. Any action by management officials shall be
considered and deemed an act of bad faith.
[§ 4.05, Ord. 522, eff. December 18, 1969]
The internal business affairs of any recognized employee organization
shall not be conducted by employees during their duty hours except
by special permission of the Municipal Employee Relations Officer
in limited instances involving the mutual benefit of the organization
and the City. The organization may meet in City facilities when such
facilities are available and such use has been approved by the Municipal
Employee Relations Officer or an authorized departmental management
official.
[§ 4.06, Ord. 522, eff. December 18, 1969]
A reasonable number of bulletin boards shall be provided upon
which any recognized employee organization may post only notices of
recreational and social affairs, notices of meetings, elections, and
appointments, and results of elections. The posting of any other class
of notice or the distribution of any written or printed notices, cards,
pamphlets, or literature of any kind at City work stations or premises
shall be prohibited without the prior written permission of the Municipal
Employee Relations Officer or an authorized departmental management
official.
[§ 4.07, Ord. 522, eff. December 18, 1969]
Each recognized employee organization shall assume responsibility
for approving all literature that may be distributed or statements
attributed to it in publications. If any inflammatory statements of
libelous literature concerning the City or its officers or management
officials are distributed by any recognized employee organization
to employees of the City or the public, the organization shall be
held responsible for such statements and, upon reasonable proof thereof,
recognition of such organization as a recognized employee organization
may be withdrawn. If any inflammatory or libelous statements or literature
concerning the City or its officers or management officials is distributed
by an employee to employees of the City or the public, the employee
shall be held responsible for such statements and shall, upon reasonable
proof thereof, be dismissed, and such dismissal shall be deemed with
just cause.
[§ 4.08, Ord. 522, eff. December 18, 1969; § 1, Ord. 865-91, eff. September 5, 1991]
In the event any grievances, disputes, or disagreements arise
concerning matters within the scope of representation of any recognized
employee organization, such grievance, dispute, or disagreement shall
be resolved as follows:
(a)
Grievances, disputes or disagreements concerning the interpretation
or application of the terms of any memorandum of understanding shall
be resolved, if possible, by meeting and conferring in good faith.
If unresolved by such meetings, the parties shall consider submitting
such issues to mediation as provided by § 3505.2 of the
Government Code of the State. In the absence of agreement to mediate,
or failure of mediation, the issue shall be resolved by an action
in a court of competent jurisdiction on motion by either party.
(b)
Grievances, disputes, or disagreements involving removals, demotions, or suspensions shall be resolved as provided by Article 3 of Chapter 2-2 of this title and the personnel rules and regulations.
(c)
Other grievances, disputes, or disagreements shall be resolved as provided by Article 3 of Chapter 2-2 of this title and the personnel rules and regulations; provided, however, representation by any recognized employee organization shall be limited to grievances, disputes, or disagreements which cannot or have not been resolved between the employee and his immediate supervisor or the employee and his department head. Representation by any recognized employee organization shall be limited, in this class of grievance, to appearances before the department head, Personnel Director and the Municipal Employee Relations Officer.
