(A)
The enactment of the ordinance codified in this chapter shall not subject the City or its employees to the provisions of Section 923 of the California Labor Code. The provisions of this chapter are not intended to conflict with the provision of Chapter 10, Division 4, Title 1 of the Government Code of the state of California (Section 3500, et seq.).
(B)
The purpose of this chapter is to implement Chapter 10, Division 4, Title 1 of the Government Code of the state of California (Sections 3500 et seq.) captioned "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.
(Ord. 1515 § 2; Prior code § 2.122)
As used in this chapter and the rules and regulations adopted
by resolution pursuant to this title, the following terms shall have
the meanings indicated:
means a unit established pursuant to Section 2-32.130 .
means the Personnel Board of the City.
means the City of Santa Rosa. Where appropriate, "City"
refers to the City Council.
means the act of communicating and discussing matters within
the scope of representation between representatives of the City and
representatives of employee organizations. For majority representation,
which does not have formal recognition and the accompanying privilege
to meet and confer, "consult" or "consultation"
constitutes the level of communication between the majority representative
and representatives of the City.
means a calendar day, unless otherwise stated.
means the body or official with final authority to make a
decision on matters under discussion within the scope of representation.
means any person employed by the City except those persons
elected by popular vote.
"Confidential employee"
means any employee who is apprised of information leading
to decisions of City management affecting employee relations.
"Management"
(a)
(b)
means:
Any employee having significant responsibilities for formulating
and administering City policies and programs, including not but limited
to the Chief Executive Officer and department heads; and
Any employee having authority to exercise independent judgment
to hire, transfer, suspend, lay-off, recall, promote, discharge, reward
or discipline other employees, or having the responsibility to direct
them, or to adjust their grievances.
"Peace Officer"
is as defined by Chapter 4.5, Part 2, California Penal Code,
Sections 830 et seq.
"Professional"
means employees engaged in work requiring specialized knowledge
and skills attained through 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.
"Regular employee"
means an employee who is appointed to a full-time permanent
position.
means any organization which includes employees of the City
and which has as one of its primary purposes representing City employees
in their employment relations with the City.
"Recognized employee organization"
means an employee organization which has been formally acknowledged
by the City Council as an employee organization that represents employees
of an appropriate unit as designated by the City Council.
"Majority representatives"
means an employee organization that has been recognized by
the Municipal Employee Relations Officer as representing the majority
of employees in an appropriate unit.
means identifying issues in a particular dispute; reviewing
the positions of the parties; investigating and reporting the facts
by one or more impartial fact-finders; and, when directed by the Board,
making recommendations for settlement.
means a dispute concerning (1) the interpretation or application
of departmental rules and regulations governing personnel practices
or working conditions, or (2) the effect of departmental practices
on employee relations matters. The term "grievance" shall
not include disputes over the substantive terms of a memorandum of
understanding.
means the failure after reasonable and responsible effort
in the meet and confer process of the participating parties to reach
accord on the subjects properly within the scope of the process.
means two or more recognized employee organizations which
have joined together for the purpose of seeking recognition.
means a person designated by a determining body or official,
to carry out the responsibilities specified for a Management Representative
under this chapter or his duly authorized representative.
means efforts by an impartial third party to assist in reconciling
a dispute between City Management Representatives and representatives
of recognized employee organizations through interpretation, suggestion
and advice.
means the mutual obligation of the City's management
representatives and representatives of recognized employee organizations
personally to meet and confer within a reasonable period of time in
order to exchange freely information, opinions and proposals, and
to endeavor to reach agreement on matters within the scope of representation.
means a written memorandum between the City and a recognized
employee organization as the result of conferring with respect to
matters within the scope of the meet and confer process.
means the City Manager or his duly authorized representative, as defined in Section 2-32.050.
means, unless otherwise indicated, the employer-employee
relations ordinance of the City.
means formal recognition of an employee organization by the City Council pursuant to Section 2-36.200.
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. Scope of representation shall not include
consideration of the merits, necessity or organization of any service
or activity provided by law or executive order.
(Prior code § 2.90)
This chapter shall apply to all departments under the budgetary
control of the City Council.
(Prior code § 2.121)
The City reserves all rights of management not legally granted
to employees by agreement or ordinance.
(Prior code §2.92)
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 being represented on all matters of employer-employee
relations within the scope of representation. Employees of the City
have the right to represent themselves individually in their employment
relations with the City. No employee shall be interfered with, intimidated,
restrained, coerced or discriminated against by the City or by any
employee organization because of his or her exercise of these rights.
(Prior code § 2.91)
The City Manager shall be the Municipal Employee Relations Officer.
The Municipal Employee Relations Officer or his/her appointed representative
shall act as the City's principal representative in all matters
of employer-employee relations with authority to meet and confer on
matters within the scope of representation including wages, hours
and other terms and conditions of employment.
(Prior code § 2.93)
The Santa Rosa City Personnel Board shall act as the Employee
Relations Advisory Board. Board members shall be appointed as stated
in Section 2-08.010. The Board shall meet regularly as stated in Section
2-08.020. Meetings may be held concurrently with the Personnel Board
meetings.
(Prior code § 2.94)
The Board shall:
(A)
Consult
with the City Manager at his request on general matters of employer-employee
relations;
(B)
Supervise
elections involving representation or the withdrawal of representation
under the general direction of the City Manager;
(C)
Hear
grievances and submit recommendations to the City Manager on issues
raised by an employee or organized employee organization arising under
this chapter or concerning issues of recognition which have not been
resolved by the Municipal Employee Relations Officer;
(D)
After
notice and hearing, submit recommended rules and procedures not inconsistent
with the provisions of City ordinances to the City Manager which,
in the opinion of the Board, are necessary and proper to implement
the provisions of this chapter.
(Prior code § 2.95)
The City Council may adopt by resolution such rules and regulations necessary or convenient to implement the provisions Chapter 10, Division 4, Title 1, of the Government Code of the State of California (Section 3500, et seq.).
(Prior code § 2.120)
(A)
The
Personnel Board shall recommend to the City Manager establishment
of grievance procedures to promote employer-employee relations.
(B)
Rules
governing grievance procedures shall insure employees either individually
or through their designated employee organization, a systematic means
of obtaining further considerations relative to conditions of employment.
(C)
The
grievance rules shall provide that the appeal shall be conducted with
reasonable informality.
(D)
The
grievance rules shall provide that employees will be assured freedom
from reprisal for using grievance procedures.
(E)
Any
employee may be reimbursed for loss of pay and fringe benefits arising
from a disciplinary action against him/her. Reimbursement shall be
confined to the period of time between the date of the original action
and the date of the inception of the modification and shall be made
only if the action taken results in a favorable decision to the employee.
(F)
In
the event the City has entered into a grievance procedure in an existing
memorandum of understanding with a recognized employee organization,
the procedure provided in such memorandum shall form the exclusive
basis for handling grievances within such recognized employee organization.
(Prior code § 2.55)
The Municipal Employees Relations Officer shall consider the
following and other relevant factors in determining the appropriateness
of representation units:
(A)
The
community of interest of employees;
(B)
The
history of employee representation in the unit among other employees
of the City and in similar employment;
(C)
The
effect of the unit on the efficient operation of the City and sound
employee relations;
(D)
The
extent to which employees have similar skills, working conditions,
job duties or educational requirements;
(E)
The
effect upon the City's classification structure of dividing
a single classification among two or more units;
(F)
Legal
rights of professional and law enforcement employees to organize separately
and be represented separately;
(G)
Separate
units of management or confidential employees shall be limited to
employees in those categories;
(H)
Management
and confidential employees as defined in Section 2-36.020(G) shall
be designated by the Municipal Employee Relations Officer, and set
forth as an attachment to the rules and regulations. Management and
confidential employees shall not represent any employee or employee
organization which represents other employees on matters within the
scope of representation;
(I)
Units
shall not be established solely on the basis of the extent of an organization's
efforts or ability to secure employee's authorizations.
(Prior code § 2.96)
The Municipal Employee Relations Officer shall notify all affected
employee organizations of his determination of employee units by unit
and job classification title.
(Prior code § 2.97)
Any employee organization representing City employees may request
a conference to discuss the definitions of the units.
The Municipal Employee Relations Officer will consult with the
organizations upon their request and hear their position in connection
with the units.
(Prior code § 2.98)
The Municipal Employee Relations Officer may modify a unit using
the same criteria and procedures as set forth above if it is found
that a classification has been placed in an inappropriate unit.
(Prior code § 2.99)
After the appropriate notice period has passed, the Municipal
Employee Relations Officer will transmit his findings, recommendations
and the units determined by his office to the City Council.
(Prior code § 2.100)
Action by the City Council designating the appropriate units
for representation shall be by resolution. The City may unilaterally
designate the appropriate units after giving notice of the City's
intent to establish organizations who represent City employees.
(Prior code § 2.101)
An employee organization that seeks formal recognition for the
purpose of meeting and conferring in good faith as the recognized
employee organization shall file a petition with the Municipal Employee
Relations Officer containing the following information and documentation:
(A)
Name
and address of the employee organization;
(B)
Names
and titles of its officers;
(C)
Names
of employee organization representatives who are authorized to speak
on behalf of its members;
(D)
A
statement that the employee organization has, as one of its primary
purposes, representing 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 or international organization;
(F)
Certified
copies of the employee organization's constitution and bylaws;
(G)
The
names and addresses of two officers or members of the employee organization,
either of which is authorized to receive notice for and on behalf
of such organization;
(H)
A
statement that the employee organization recognizes that the provisions
of Section 923 of the Labor Code are not applicable to City employees;
(I)
A
statement that the employee organization has no restriction on membership
based on race, color, creed, sex or national origin;
(J)
A
statement that the employee organization has in its possession written
proof, dated within six months of the date upon which the petition
is filed, that 30 percent of the regular employees in the unit have
designated the employee organization to represent them in their employment
relations with the City;
(K)
Before
the petition is filed with the Municipal Employee Relations Officer,
it shall be dated and signed by two of the officers of the organization
authorized by the organization to execute and file the petition. The
petition shall be verified under penalty of perjury by each party
signing it as provided in California Code of Civil Procedure Section
2015.5, substantially as follows:
"I certify (or declare) under penalty of perjury that
the foregoing is true and correct";
(L)
A
request that the City recognize the employee organization as the recognized
employee organization for the employees in the unit for the purpose
of meeting and conferring in good faith on all matters within the
scope of representation.
(Prior code § 2.102)
An employee organization or joint council or organizations desiring
formal acknowledgement as the recognized employee organization of
a proposed representation unit shall file with the Municipal Employee
Relations Officer a petition in a form prescribed by the said officer
containing the information specified below. Within two working days,
notice shall be posted that the petition has been filed. The petition
shall contain a statement that the organization has secured signatures
of at least 30 percent of the regular employees of an appropriate
unit designating the organization as their representative organization.
The petition shall also contain a request that the organization be
formally recognized.
(Prior code § 2.103)
Petition for formal recognition shall be processes as provided
below.
(A)
Upon receipt of a petition for formal recognition, the Municipal Employee Relations Officer shall review the information submitted for compliance with the requirements specified in Sections 2-32.140 and 2-32.150. The Municipal Employee Relations Officer shall consider the views of all concerned departments and offices together with the effect of the proposed unit on the general operation and conduct of the City. Other interested employee organizations may submit their views concerning the representation request, for consideration by the Municipal Employee Relations Officer.
(B)
Formal
recognition shall be determined by election except when all organizations
eligible to participate in the election for representation of the
unit and the City Manager agree that an election is not required.
Before the City formally recognizes an employee organization, all
affected employee organizations will be given 10 days' notice
of the intent to grant recognition.
(C)
If
an election is required, the Board or Municipal Employee Relations
Officer shall determine the names of the organizations which shall
appear on the ballot.
(D)
When
necessary, the Board or Municipal Employee Relations Officer shall
arrange for an election by secret ballot which shall be conducted
by the City Clerk or some other agency. The choice of "no organization"
shall also be included on the ballot. The order and manner in which
the names of the organizations shall appear on the ballot shall be
mutually determined. Regular employees in the unit shall be entitled
to vote in such election if they were employed during a specified
period of time immediately prior to the pay period within which the
election is held, such period to be determined by the Board or Municipal
Employee Relations Officer. Those employees shall be included who
did not work during such period because of illness, vacation or authorized
leave of absence.
(E)
The
Board or Municipal Employee Relations Officer shall recommend to the
City Council that an employee organization or joint council be recognized
as the recognized employee organization following an election or runoff
election if such organization has received the vote of a numerical
majority of the employees voting in the unit in which the election
is held (i.e., 50 percent plus one of the votes of all employees voting)
provided, that at least 60 percent of the eligible employees vote.
A majority vote of all employees of the unit eligible to vote shall
be required in order for the organization to be recognized as the
recognized employee organization.
(F)
Within 30 days from the date of an election at which no employee organization obtains a majority in accordance with subsection (E) of this section, a runoff election shall be conducted between the two choices receiving the largest number of votes.
(G)
No
petition for recognition shall be filed or received by the City until
one year has elapsed from the date of the election where no majority
employee organization was selected as the majority representative
for the representation unit involved.
(Prior code § 2.104)
The City Clerk or other agency conducting the election shall
report the election results to the Board or Municipal Employee Relations
Officer and the other affected employee organizations and departments.
Recommendations of the Board or the Municipal Employee Relations Officer
shall be submitted to the City Council which will then make a final
determination with respect to granting or denying recognition.
(Prior code § 2.105)
When an employee organization or joint council has been formally recognized as the majority representative of a unit, such recognition shall remain in effect for one year from the date thereof and thereafter until formal recognition is withdrawn as provided in Section 2-32.290.
(Prior code § 2.106)
A petition for withdrawal of formal recognition alleging that
an employee organization no longer represents the majority of the
employees in a particular unit may be filed by an individual employee,
a group of employees or their representatives, an employee organization
or by management in accordance with the procedures set forth in this
chapter for formal recognition and the employer-employee relations
rules and regulations of the City.
(Prior code § 2.107)
An employee organization not formally recognized but which seeks recognition for purposes of consultation shall file a petition with the Municipal Employee Relations Officer which shall contain all of the information enumerated in Section 2-32.140 (A) through (K), together with a request that the Municipal Employee Relations Officer grant informal recognition to the employee organization for the purpose of consultation.
(Prior code § 2.108)
The petition, including all accompanying documents, shall be verified, under oath, in the same manner as provided in Section 2-32.140 (K) by the Executive Officer and Secretary of the organization. All changes in such information shall be filed forthwith in like manner.
(Prior code § 2.109)
The Municipal Employee Relations Officer shall grant informal recognition, in writing, to any employee organizations that have complied with Section 2-32.140 (A) through (I) inclusive, for the purpose of consultation.
(Prior code §2.110)
Informal recognition will not be granted to an organization
claiming to represent a portion of a unit that has been granted formal
recognition or has failed to gain recognition in a representative
election.
(Prior code § 2.113)
Employee organizations, informally recognized, that seek formal recognition, shall comply with Sections 2-32.140 through 2-32.160.
(Prior code § 2.111)
No employee may be represented by more than one recognized employee
organization for the purposes of this chapter.
(Prior code § 2.112)
Meeting and conferring between management and representatives of recognized employee organizations includes, but is not limited to, wages, hours and other terms and conditions of employment within the scope of representation as defined by Section 2-32.020 (T). Meeting and conferring shall not be required on any matter preempted or specially provided for by federal law, State law or the City Charter. Rules and regulations adopted by the City for the administration of employee relations pursuant to this chapter, rules of the Personnel Board and proposed amendments thereto are excluded from the scope of meeting and conferring but are subject to consultation as defined in Section 2-36.320.
Requests to meet and confer on matters requiring major budgetary
financing shall be submitted to the Municipal Employee Relations Officer
in time for adequate discussion, consideration and action in connection
with the budget, or within the time set by the rules and regulations
related to this chapter.
Meetings on those matters which affect employees generally may
be held jointly with representatives of other recognized employee
organizations.
(Prior code § 2.114)
When the meeting and conferring process is concluded between
the City and a formally recognized employee organization, a jointly
written memorandum of understanding shall be prepared for signature
by the duly authorized City and employee representatives.
The memorandum of understanding shall be submitted to the City
Council for determination and is not effective or binding until adopted
by the council.
(Prior code § 2.119)
The scope of consultation between management representatives
and representatives of employee organizations includes any item considered
within the scope of representation.
Every reasonable effort shall be made to have such consultation
prior to basic changes in any rule or procedure affecting employee
relations.
Requests for consultation shall be directed to the Municipal
Employee Relations Officer or his/her duly authorized representative.
(Prior code § 2.115)
Requests on matters within the scope of representation submitted
to the City Council or other determining body or official shall be
automatically referred to the Municipal Employee Relations Officer
for review and processing pursuant to the provisions of this chapter.
(Prior code § 2.116)
Except in cases of emergency as hereafter provided, a determining
body or official shall give reasonable written notice to each recognized
employee organization affected by any proposed ordinance, rule, resolution
or regulation directly relating to matters within the scope of representation
proposed for adoption by the City. In addition, the City shall give
recognized employee organizations the opportunity to consult with
the determining body or official before the proposed ordinance, rule,
resolution or regulation is adopted.
In cases of emergency, when an ordinance, rule, resolution or
regulation must be adopted immediately without prior notice or meeting
with recognized employee organizations, notice and opportunity to
consult shall be given by the appropriate determining body or official
at the earliest practicable time following the adoption of such ordinance,
rule, resolution or regulation.
(Prior code § 2.117)
