The purpose of this Chapter is to implement the Meyers-Milias-Brown
Act by providing orderly procedures for the administration of employer-employee
relations between the City and its employee organizations, including
procedures for meeting and conferring in good faith with recognized
employee organizations on matters that directly and significantly
affect and primarily involve 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 the Charter of the City.
Nothing in this Chapter shall be construed to supersede the
provisions of State law, the Charter of the City, ordinances, resolutions,
or rules that establish and regulate the City's civil service system
or employer-employee relations. This Chapter is intended to strengthen
civil service and other methods of administering employer-employee
relations through the establishment of uniform and orderly methods
of communications between employees, employee organizations, and the
City.
Nothing in this Chapter shall be construed to restrict any legal
or inherent exclusive City rights with respect to matters of general
legislative or managerial policy, including, but not limited to, the
exclusive right to: determine the mission of its constituent departments,
divisions, commissions, and boards; set standards of service and establish
work and safety rules and regulations to maintain the efficiency and
economy desirable in the performance of services; determine the procedures
and standards of selection for employment; direct its employees; appoint,
promote or transfer its employees; take disciplinary action; relieve
its employees from duty because of lack of work, lack of funds or
for other lawful reasons; determine the content of job classifications;
contract or subcontract work; maintain the efficiency of governmental
operations; determine the processes, methods, means, and personnel
by which governmental operations and services are to be conducted;
take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization
and the technology of performing its work.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
As used in this Chapter, the following words and phrases shall
have the following meanings. Words and phrases not defined in this
Chapter shall have the meanings set forth in the Meyers-Milias-Brown
Act.
means a unit of employee job classifications or positions,
established pursuant to this Chapter.
means the City of Santa Monica, and where appropriate herein,
refers to the City Council or any duly authorized City representative
as defined in this Chapter.
means an employee who, in the course of his or her duties,
has access to confidential information relating to the City's administration
of employer-employee relations.
means to communicate orally or in writing for the purpose
of presenting and obtaining views or advising of proposed actions
in a good faith effort to reach a consensus; and, as distinguished
from meeting and conferring in good faith regarding matters within
the required scope of the meet and confer process, does not involve
an exchange of proposals and counterproposals in an endeavor to reach
agreement in the form of a Memorandum of Understanding, and is not
subject to impasse procedures.
means the City Manager, or designee, who shall be the City's
principal representative in all employer-employee relations matters
with authority to meet and confer in good faith on matters within
the scope of representation with authorized representatives of Exclusively
Recognized Employee Organizations.
means the relationship between the City and its employees
and their employee organizations, or when used in the general sense,
the relationship between City management and employees or employee
organizations.
means an employee organization that has been formally recognized
by the City as the sole employee organization representing the employees
in an appropriate unit, with the exclusive right to meet and confer
in good faith on matters within the scope of representation pertaining
to unit employees.
means that the representatives of the City and an Exclusively
Recognized Employee Organization, having met and conferred in good
faith, have reached a point 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.
means the City Manager, Department Heads, and their designated
representatives acting in their executive, administrative or ministerial
capacity as authorized or prescribed by local law, and any other employee
having responsibility for formulating, administering or managing the
implementation of City policies and programs.
means: (1) an authorization card signed and personally dated
by an employee within the last ninety days of the petition filing
date, provided that the card has not been subsequently revoked in
writing by the employee; (2) a verified authorization petition or
petitions signed and personally dated by an employee within the last
ninety days of the petition filing date; or (3) employee dues deduction
authorizations, using the payroll register for the period immediately
preceding the petition filing date, except that an employee's dues
deduction authorizations for more than one employee organization is
not proof of employee support for any employee organization. The only
authorization that will be considered as proof of employee support
hereunder is the authorization last signed by an employee.
means an employee with authority or responsibility to hire,
transfer, suspend, lay off, recall, promote, discharge, assign, direct,
reward or discipline other employees, 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.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
(a)
An
employee organization that seeks formal recognition as an 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:
(1)
Name and address of the employee organization;
(2)
Names and titles of its officers;
(3)
Names of representatives who are authorized to speak on behalf of
the employee organization;
(4)
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;
(5)
Certified copies of the employee organization's constitution and
bylaws;
(6)
A statement that the employee organization has no restriction on
membership based on race, color, religion, creed, national origin,
sex, gender, age, marital status, military status, sexual orientation,
disability or medical condition, and that the employee organization
recognizes that Labor Code Section 923 does not apply to City employees;
(7)
A statement that the employee organization has, as one of its primary
purposes, the responsibility of representing employees in their employment
relations with the City;
(8)
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, including service of legal process;
(9)
The job classifications or position titles, by department and division,
of employees in the unit claimed to be appropriate and the approximate
number of member employees in such unit;
(10)
A statement that the employee organization has in its possession
proof of employee support 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;
(11)
A request that the Employee Relations Officer determine the appropriate
unit and formally recognize the petitioning employee organization
as the Exclusively Recognized Employee Organization representing the
employees in the unit claimed to be appropriate; and
(12)
A declaration, under penalty of perjury, that the petition, the proof
of employee support, and all accompanying documentation, are true,
correct, and complete, which is executed by the duly authorized officer(s)
of the employee organization.
(b)
Any
changes in the information required by this Section shall be submitted
in writing to the Employee Relations Officer within thirty days of
such change.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
(b)
If the Employee Relations Officer makes an affirmative determination on the two requirements of subsection (a), the Employee Relations Officer shall so inform the petitioning employee organization, shall give written notice of the petition for exclusive recognition to the employees in the unit, and shall take no action on the petition for thirty days thereafter. If either requirement is not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with the petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefor in writing. The petitioning employee organization may appeal the Employee Relations Officer's determination pursuant to Section 2.05.120 of this Chapter.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
Within thirty days of the date that written notice is given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing recognition petition to be formally recognized as the Exclusively Recognized Employee Organization of the employees in the same or in an overlapping unit (one that corresponds to some, but not all, of the classifications or positions set forth in the recognition petition being challenged). The challenging petition must show proof of employee support by at least thirty percent of the employees in the unit claimed to be appropriate. If the challenging petition seeks to establish an overlapping unit, the Employee Relations Officer shall call for a hearing to ascertain the more appropriate unit, at which time the petitioning employee organizations shall be heard. Within fifteen days after the hearing, the Employee Relations Officer shall give written notice to the petitioning employee organizations of the determination of the appropriate unit or units in accordance with the standards in Section 2.05.090. Within fifteen days of the date of such written notice, the petitioning employee organizations may amend their petitions to conform to the determination or appeal the determination pursuant to Section 2.05.120.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
(a)
After
the designation of an appropriate unit, the petitioning employee organization
and the Employee Relations Officer shall request the California State
Mediation and Conciliation Service or other agreed-upon neutral third
party to review the count, form, accuracy, and propriety of the proof
of employee support, provided that the following conditions are met:
(1)
The petition is in order;
(2)
The proof of employee support shows that a majority of the employees
in the appropriate unit have designated the petitioning employee organization
to represent them;
(3)
There is no other employee organization that has been previously
recognized as the exclusive or majority representative of all or part
of the appropriate unit; and
(4)
No other employee organization timely filed a challenging petition.
(b)
If
the neutral third party makes an affirmative determination, the Employee
Relations Officer shall formally recognize the petitioning employee
organization as the Exclusively Recognized Employee Organization for
the designated unit.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
(a)
After the designation of an appropriate unit, and where recognition is not granted pursuant to Section 2.05.060, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a third party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with the third party's rules and procedures, and subject to the provisions of this Chapter. If the parties cannot agree on a third party to conduct an election, the California State Mediation and Conciliation Service will conduct the election.
(b)
All
employee organizations who have duly submitted petitions determined
to be in conformance with this Chapter shall be included on the ballot.
The ballot shall also reserve to employees the choice of representing
themselves individually in their employment relations with the City.
(c)
Employees
entitled to vote in the election include those persons employed in
positions within the designated appropriate unit who were employed
during the pay period immediately prior to the date which ended at
least fifteen days before the election date, and who are employed
by the City in the same unit on the election date.
(d)
Each
employee organization with a place on the ballot may have one official
observer to observe the balloting and the counting of such ballots.
(e)
An
employee organization shall be formally recognized as the Exclusively
Recognized Employee Organization for the designated appropriate unit
following an election or run-off election if it receives a numerical
majority of all valid votes cast in the election. In an election involving
three 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 apply to a run-off election.
(f)
The
costs of conducting elections shall be borne in equal shares by the
City and each employee organization appearing on the ballot.
(g)
There
shall be no more than one election pursuant to any petition in a twelve-month
period affecting the same unit.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
(a)
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 either the month of March of any year
following the first full year of recognition, or the thirty-day period
commencing one hundred twenty days before the termination date of
a Memorandum of Understanding. A decertification petition may be filed
by two or more employees or their representative, or an employee organization.
The petition shall contain the following information and documentation
declared by the duly authorized signatory under penalty of perjury
to be true, correct, and complete:
(1)
Name, address, and telephone number of the petitioner(s) and a designated
representative authorized to receive notices or requests for further
information;
(2)
Name of the established appropriate unit and of the incumbent Exclusively
Recognized Employee Organization sought to be decertified from being
the representative of that unit;
(3)
An allegation that the incumbent Exclusively Recognized Employee
Organization no longer represents a majority of the employees in the
appropriate unit, and any relevant and material facts supporting the
allegation; and
(4)
Proof of employee support showing that at least thirty 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
California State Mediation and Conciliation Service or other mutually
agreed-upon neutral third party within the time limits specified in
subsection (a) of this Section.
(b)
An employee organization may, in satisfaction of the decertification petition requirements, file a decertification petition under this Section in the form of a recognition petition that evidences proof of employee support of at least thirty percent, that includes the allegation and information required under this Section, and otherwise conforms to the requirements of Section 2.05.030.
(c)
The Employee Relations Officer shall initially determine whether the petition has been filed in compliance with the applicable provisions of this Chapter. If the determination is negative, the Employee Relations Officer shall offer to consult thereon with the representative(s) of the petitioning employees or employee organization. If such determination thereafter remains unchanged, the Employee Relations Officer shall return the 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 Section 2.05.120. If the determination is affirmative, or if the negative determination is reversed on appeal, the Employee Relations Officer shall give written notice of such decertification or recognition petition to the incumbent Exclusively Recognized Employee Organization and the unit employees.
(d)
The Employee Relations Officer shall arrange for a secret ballot election to be held on or about thirty days after such notice to determine the wishes of unit employees as to decertification and, if a recognition petition was duly filed hereunder, as to representation. Such election shall be conducted in conformance with Section 2.05.070.
(e)
If,
pursuant to this Section, a different employee organization is formally
recognized as the Exclusively Recognized Employee Organization, such
organization shall be bound by all the terms and conditions of any
Memorandum of Understanding then in effect for its remaining term.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
(a)
The
policy objectives in determining the appropriateness of a proposed
unit shall be: the effect of the proposed unit on efficient operations
of the City; the compatibility of the proposed unit with the primary
responsibility of the City and its employees to effectively and economically
serve the public; and the proposed unit's ability to provide employees
with effective representation based on recognized community of interest
considerations. These policy objectives require that the appropriate
unit be the broadest feasible grouping of classifications or positions
that share an identifiable community of interest. Factors to be considered
shall include:
(1)
Similarity of the general kinds of work performed, job duties, types
of qualifications or skills required, and working conditions;
(2)
History of representation in the City and similar public 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;
(3)
Consistency with the organizational patterns of the City;
(4)
Effect of any differing legally mandated impasse resolution procedures;
(5)
Number of employees and classifications, and the effect on the administration
of employer-employee relations and efficient operation of the City
created by the fragmentation of classifications and proliferation
of units; and
(6)
Effect on the classification structure and impact on the stability
of the employer-employee relationship of dividing a single or related
classifications among two or more units.
(b)
The
Employee Relations Officer shall, after notice to and consultation
with affected employee organizations, allocate new classifications
or positions amongst the units; delete eliminated classifications
or positions from units; and retain, reallocate or delete modified
classifications or positions from units, in accordance with the provisions
of this Section. The decision of the Employee Relations Officer shall
be final.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Section 2.05.080. Such requests shall be submitted in the form of a recognition petition and, in addition to the requirements set forth in Section 2.05.030, 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 Section 2.05.090. The Employee Relations Officer shall process such petitions in the same way that recognition petitions are processed.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
An employee organization may file a request to become the Exclusively Recognized Employee Organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another Exclusively Recognized Employee Organization. The timing, form, and processing of a severance petition shall be as specified in Section 2.05.100 for a petition for unit modification.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
An employee organization that is aggrieved by an appropriate
unit determination of the Employee Relations Officer, or a determination
of the Employee Relations Officer that a petition has not been filed
in compliance with this Chapter, may, within ten days of notice of
the Employee Relations Officer's determination, request mediation
by the State Mediation and Conciliation Service. Alternatively, the
employee organization may, in lieu of or after mediation, appeal such
determination by submitting a written request for a hearing within
fifteen days of notice of the Employee Relations Officer's determination
or the termination of mediation proceedings, whichever is later. Upon
written request for a hearing, the matter shall be referred to the
Office of Administrative Hearings for a hearing to be conducted by
an Administrative Law Judge in accordance with the Administrative
Procedure Act. Any decision of the Administrative Law Judge shall
be final and binding.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
(a)
Access
to City work locations and the use of City paid time, facilities,
equipment, and other resources by employee organizations and those
representing them is authorized, subject to the limitations provided
for in an applicable Memorandum of Understanding and any applicable
administrative rules and procedures, and is limited to lawful activities
consistent with the provisions of this Chapter that pertain directly
to the employer-employee relationship. No administrative rule or procedure
shall purport to impose a total prohibition of access to City work
locations and the use of City paid time, facilities, equipment, and
other resources by employee organizations and those representing them.
Additionally, such access is not authorized, beyond de minimus and
occasional, or during employees' break periods, for, among other things,
internal employee organization business affairs, such as soliciting
membership, campaigning for office, and organization meetings and
elections. Any such access shall not interfere with the efficiency,
safety, and security of City operations.
(b)
Employee
access to City work locations and use of City resources is limited
to regular work hours. However, employee access during off-duty hours,
and access for non-employee members and representatives of any employee
organization or its affiliated organizations at any time, may be obtained
with written approval in each instance by the Employee Relations Officer
or an authorized management employee, if such access does not interfere
with or interrupt work performance, and does not unreasonably or unduly
burden the time of management employees.
(c)
A
reasonable number of bulletin boards will be provided at City work
locations upon which any Exclusively Recognized Employee Organization
may post notices limited to recreational and social activities, notices
of programs or services provided by or through the employee organization,
notices of meetings, notices of elections and appointments, and results
of elections. The posting of any other notices, printed cards, pamphlets,
or literature of any kind at City work stations is prohibited.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
The City will provide a copy of the City Council and Personnel
Board agendas for each meeting to each authorized representative of
each Exclusively Recognized Employee Organization at least seventy-two
hours in advance of such meeting, which shall constitute reasonable
written notice, and notice of an opportunity to meet with the City
Council or Personnel Board, on all matters within the scope of representation
upon which the City Council or Personnel Board may act.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
(a)
An
Exclusively Recognized Employee Organization may select the greater
of: (1) not more than one employee member for each fifty members,
or major portion thereof; or (2) four employee members, to be the
designated employee representative(s) to meet and confer with the
Employee Relations Officer, or designee, and any management employees
on matters within the scope of representation, provided that:
(1)
The Exclusively Recognized Employee Organization provides to the
Employee Relations Officer written certification by an authorized
official of the organization of the identity of the designated employee
representative(s);
(2)
No employee representative may leave his or her work station or assignment
without prior approval by the employee representative's direct supervisor
or other management or supervisory employee within the employee representative's
chain of command; and
(3)
Any such meeting is subject to scheduling by an authorized management
employee so as to avoid undue interference with or interruption of
assigned work schedules, work performance or City operations.
(b)
Nothing
in this Section limits or restricts management employees and employee
representatives from meeting and conferring before or after regular
work hours as a matter of mutual convenience.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
The Employee Relations Officer is authorized to establish administrative
rules and procedures as appropriate to implement and administer the
provisions of this Chapter after consultation with the affected employee
organizations.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
(a)
If
the meet and confer process has reached impasse, either party may
initiate impasse proceedings by filing with the other party a written
notice of a declaration of impasse, together with a statement of its
position on all issues. The Employee Relations Officer shall schedule
an impasse meeting within five working days of such notice. The purpose
of the impasse meeting is to review the position of the parties in
a final effort to reach agreement on a Memorandum of Understanding;
and, if the impasse is not resolved, discuss arrangements for further
impasse procedures.
(b)
If
the parties agree 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.
(c)
If
the parties do not agree to submit the impasse to mediation or the
mediator is unable to effect settlement, the impasse may be submitted
to a fact-finding panel in accordance with applicable State law.
(Added by Ord. No. 2494CCS §
1, adopted 10/13/15)
