This chapter shall be known as the Employer-Employee Relations
Ordinance of the City of Stockton.
(Prior code § 2-200; Ord. 007-08 C.S. § 1)
A.
This
chapter implements the Meyers-Milias-Brown Act (California Government
Code Sections 3500, et seq.), hereinafter "MMBA," by providing orderly
procedures for the administration of employer-employee relations between
the City and its employees and their employee organizations.
B.
It is
also the purpose of this chapter to promote the improvement of personnel
management and employer-employee relations within City government
by providing a uniform basis for recognizing the right of City employees
to join employee organizations of their own choice and to be represented
by such organizations or to represent themselves individually in their
employment relationships with the City.
(Prior code § 2-201; Ord. 007-08 C.S. § 1)
Unless the context requires otherwise, the words and phrases
set forth in this section shall have the meanings respectively ascribed
to them in this section:
means the City of Stockton, a municipal corporation, and,
where appropriate, "City" may refer to the City Council, the Civil
Service Commission, City Manager, Director of Human Resources/Employee
Relations Officer, or any designated management representative, as
herein defined, acting on behalf of the City.
means any employee who is privy to decisions of the City
and/or management employees that affect employer-employee relations,
which shall include employees assigned to the City Manager's office,
the City Attorney's office, the City Auditor's office, the City Clerk's
office, and the Human Resources Department.
means communication, verbally or in writing, between management
and recognized employee organizations or individual employees for
the purpose of presenting and obtaining views of intended actions
on all matters affecting employer-employee relations.
means any person regularly employed by the City, except those
filling temporary contract positions and those persons elected by
popular vote or appointed to boards, commissions, advisory boards,
or other bodies by the City Council.
means any lawful organization that includes City employees
and has as one of its purposes the representation of employees in
their relations with the City; provided, however, that such organization
has no restriction on membership based on race, color, creed, sex,
national origin, religion, ancestry, age, marital status, medical
condition, including, but not limited to, cured or rehabilitated cancer,
or physical disability, including, but not limited to HIV and AIDS,
and any other protected status or class as defined by Federal and
State law.
means the Director of Human Resources, who shall be the City's
representative in all employee relations matters, including the administration
of this chapter, with the authority to meet and confer in good faith
on matters within the scope of representation with authorized representatives
of recognized employee organizations. No rights, privileges, or agreements
shall be granted to any employee or employee organization that are
in conflict with this chapter.
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.
means the identification of the issues in a particular dispute;
reviewing the positions of the parties; the investigation and reporting
of the facts by one or more impartial fact-finders; and, when requested
by both parties, to make advisory recommendations for settlement of
disputes.
means the California Government Code, including subsequent
amendments to the sections of that code cited in this ordinance.
means any dispute involving the interpretation or application
of the rules, regulations, and policies adopted by the City to govern
personnel practices and working conditions, including such rules,
regulations, and policies adopted by the City Council, Civil Service
Commission, or City management that implement agreements resulting
from the negotiation process.
means a deadlock in negotiations between a recognized employee
organization and the City concerning matters about which they are
required to negotiate.
means:
Any employee having significant responsibilities for formulating
and administering City policies and programs and having responsibility
for directing the work of subordinates; and/or
Any employee having authority to exercise independent judgment,
or to effectively recommend any action to hire, transfer, suspend,
layoff, recall, promote, discharge, assign, reassign, reward, or discipline
other employees, or having the responsibility to direct them, or to
adjust their grievances, if the exercise of such authority is not
of a merely routine or clerical nature, but requires the use of independent
judgment and discretion.
means the Employee Relations Officer, as defined herein.
means the efforts of an impartial third person, or persons,
to assist in reconciling a dispute regarding wages, hours, and other
terms and conditions of employment between representatives of the
City and a recognized employee organization or organizations through
interpretation, suggestion, and advice.
means to meet and confer in good faith.
shall mean the same as defined in Section 830 of the California
Penal Code.
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, engineers, architects, analysts
and the various types of physical, chemical, and biological scientists.
means when an employee organization, submitting a petition
to the Employee Relations Officer, has demonstrated proof of approval
by the employees whom it purports to represent by means of any one
or a combination of the following:
means an employee organization, or its duly authorized representative,
that has been granted formal recognition by the Employee Relations
Officer as representing the majority of employees in an appropriate
unit of employees.
means a unit established pursuant to Section 2.74.090 of this chapter.
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; except, however, that the 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 § 2-202; Ord. 007-08 C.S. § 1)
A.
Keep
the Mayor and City Council informed regarding the status of employee
relations activities in the City.
B.
Recommend
the salary structure for all employees.
C.
Determine
contested matters involving elections, certification, or decertification
of recognized employee organizations.
D.
Exercise
settlement authority over matters in which the cost exceeds the settlement
authority of the Employee Relations Officer but does not exceed the
amount set by the City Council in accordance with City Charter Section
1201(g), or any matter for which the City Council has delegated settlement
authority, in accordance with Section 3505.1 of the Meyers-Milias-Brown
Act.
E.
Perform
such other duties as may be necessary to administer effective employee
relations or as may be directed by the City Council.
(Prior code § 2-203; Ord. 007-08 C.S. § 1)
A.
Determine
employee representation units upon the request of qualified employee
organizations or as otherwise provided for herein and decide any dispute
concerning the relationship of employees in new or deleted classes
to representation units.
B.
Arrange
with the City Clerk or other appropriate agency for elections among
employees of an established representation unit to select the recognized
employee organization for the unit and to certify the organization
determined to be in the majority representative.
C.
Make
available to employee organizations such nonconfidential information
relating to employment relations, as is contained in the public records
of the City, and records responsive to information requests contemplated
by the MMBA; provided, however, that nothing in this section shall
be construed to require disclosure of records that are:
1.
Personnel,
medical, and similar files, the disclosure of which would constitute
an unwarranted invasion of personal privacy or be contrary to the
civil service rules or in violation of State or Federal law;
2.
Working
papers or memoranda that are not retained in the ordinary course of
business or any records where the public interest served by not making
the record available clearly outweighs the public interest served
by disclosure of the record; or
3.
Records
relating to pending litigation to which the City is a party or to
claims or appeals that have not been settled.
|
Nothing in this section shall be construed as requiring the
City to conduct research or perform programming or assemble data in
a manner other than usually done by the City, except as provided in
the Public Records Act or other applicable law.
|
D.
Meet
and confer, negotiate, and/or consult in good faith with employee
organizations over matters within the scope of representation and
to execute memoranda of understanding on behalf of the City in accordance
with this chapter.
E.
Exercise
settlement authority over matters in which the cost does not exceed
90 percent of the City Manager's authority, as set forth in City Charter
Section 1201(g), or any matter for which the City Manager or City
Council has delegated settlement authority, in accordance with Section
3505.1 of the Meyers-Milias-Brown Act.
F.
Perform
such other duties as may be necessary to administer effective employee
relations or as may be directed by the City Manager or City Council.
(Prior code § 2-204; Ord. 007-08 C.S. § 1)
A.
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 representation on all matters of employee relations.
B.
Employees
of the City shall also have the right to refuse to join or participate
in the activities of employee organizations; provided, however, that
during negotiation with the City, an employee filling a position allocated
to a specific representation unit may be represented only by that
recognized employee organization certified to represent that specific
unit.
C.
Employees
shall have the right to refuse to join or participate in the activities
of the employee organization and shall have the right to represent
themselves, individually, in their employment relations with the City.
D.
Employees
shall have the right to be free from interference, intimidation, restraint,
coercion, or discrimination in the exercise of their rights under
the MMBA or this chapter.
(Prior code § 2-205; Ord. 007-08 C.S. § 1)
A.
To insure
that the City is able to carry out its statutory functions and responsibilities,
nothing contained in this chapter shall be construed to require the
City to negotiate on matters that are solely a function of management.
Management officials of the City shall have and will retain the exclusive
right to manage and direct the performance of City services and the
work forces performing such services; and, unless specifically in
conflict with any memorandum of understanding, all management rights
shall remain vested exclusively with the City, which shall include,
but are not limited to:
1.
The
right to determine the mission of its agencies, departments, institutions,
boards, and commissions;
2.
The
right to direct and determine the work to be done by employees, including
establishment of service levels, appropriate staffing, and the allocation
of funds for any position(s) within the City;
3.
The
right of full and exclusive control of the management of the City;
supervision of all operations; determinations of methods, means, location,
and assignments of performing all work; and the composition, assignment,
direction, location, and determination of the size and mission of
the work force;
4.
The
right to establish and modify qualifications for employment, including
without limitation, the right to establish or modify the content of
any job classification, job description, or job announcement; and
to determine and modify minimum qualifications for any job;
5.
The
right, in accordance with applicable Federal and State laws, to review
and inspect, without notice, all City-owned facilities, including
without limitation, desktop computers, work areas and desks, electronic
mail, computer storage drives, voicemail systems, and filing cabinets
and systems;
6.
The
right to change or introduce different, new, or improved operations,
technologies, methods, or means regarding any City work;
7.
The
right to lay off employees for lack of work, lack of funds, or for
other legitimate reasons and to contract out for work and assignments;
8.
To
expand or diminish services;
9.
To
make work and safety rules and regulations in order to maintain the
efficiency and economy desirable in the performance of City services;
10.
The right to establish and enforce employment standards;
11.
The right to hire, fire, promote, reassign, transfer, release, discipline,
layoff, terminate, demote, suspend, or reduce in step or grade; and
12.
The authority to take all necessary actions to perform its functions
and to take any appropriate lawful measure to ensure the best delivery
of municipal services to the public in response to emergencies, including
altering work schedules or locations.
B.
Notwithstanding
the foregoing, authorized representatives of employees have the right
to negotiate with the City regarding the actual consequences or impact
resulting from the exercise of such rights and responsibilities by
the City.
(Prior code § 2-206; Ord. 007-08 C.S. § 1)
A.
Authority.
Only recognized employee organizations in established representation
units shall negotiate with the City on wages, hours, and other terms
and conditions of employment for the employees in such units.
B.
Subjects of Negotiation. Negotiations shall not be required on any subject pre-empted by Federal, State, or local law, nor shall negotiation be required on employee or City rights, as specified in Sections 2.74.060 and 2.74.070. Proposed amendments to this chapter are excluded from the scope of negotiation, but shall be subject to consultation in good faith after reasonable notice.
C.
Civil
Service Commission. The Civil Service Commission may direct the Employee
Relations Officer to meet and confer over matters within its jurisdiction.
Agreements reached as a result of such meet and confer activity shall
be reduced to writing and signed by the Employee Relations Officer
and the designated representative of the recognized employee organization,
but shall not be binding unless approved by the Civil Service Commission.
D.
Employee
Relations Officer. Agreements reached as a result of negotiations
on specific subjects shall be included in a written document signed
by the Employee Relations Officer, as well as the duly designated
representatives of the recognized employee organizations. Those matters
exceeding the Employee Relations Officer's settlement authority shall
be presented to the City Manager for approval.
E.
City
Manager. Agreements reached as a result of negotiations on specific
subjects and whose monetary value exceeds the Employee Relations Officer's
settlement authority, but is less than the amount set by the City
Council in accordance with City Charter Section 1201(g), shall be
reduced to writing and signed by the City Manager, as well as the
duly designated representatives of the recognized employee organizations.
Matters exceeding the City Manager's settlement authority shall not
be binding unless approved by the City Council and the recognized
employee organization.
F.
Final
Authority. Agreements reached as a result of negotiations, the cost
of which exceeds the City Manager's authority, shall be presented
to the City Council for approval. The memorandum of understanding
shall not be binding unless approved by the City Council and the recognized
employee organization.
(Prior code § 2-207; Ord. 007-08 C.S. § 1)
A.
Subject to the requirements set forth in subsections B through D of this section, the Employee Relations Officer shall have the management discretion to determine, define, and establish appropriate employee representation units and to modify bargaining units based on the procedures specified in this chapter. In exercising discretion regarding bargaining unit composition, including initial determination and subsequent modification, the Employee Relations Officer shall consider the following criteria:
1.
Minimizing
fragmentation of units by achieving the largest feasible group of
employees having a community of interest.
2.
The
effect of the proposed unit on the efficient operation of City services
and sound employment relations.
3.
The
history of employee relations in the unit, among other employees in
the City, and in similar public employment and private industry; provided,
however, that no unit shall be established solely on the basis of
the extent to which the employees have organized.
4.
Similarity
of duties, skills, wages and working conditions of employees.
5.
Whether
management officials at the level of the unit have the power to agree
or to make effective recommendations to other administrative authority,
to the City Council or to the Civil Service Commission with respect
to wages, hours, and other terms and conditions of employment subject
to negotiation.
6.
The
effect on the existing classification structure of dividing a single
classification among two or more units.
7.
Management
and confidential employees shall not be included in the same unit
with nonmanagement or nonconfidential employees.
8.
The
application and consistency of wage, hour, and benefit packages (including
retirement benefits) within the bargaining unit.
9.
No
employee shall be included in more than one representation unit.
B.
Whenever
a new classification is adopted by the City, the Employee Relations
Officer shall notify interested employee organizations and may allocate
such classification to an appropriate representation unit after consultation
with employee organizations requesting same. A routine title change
of an existing classification is not subject to this provision.
(Prior code § 2-208; Ord. 007-08 C.S. § 1)
A.
An employee
organization that seeks recognition as the recognized employee organization
for a representation unit, which has been requested or already established,
shall file a petition with the Employee Relations Officer. The petition
shall contain:
1.
The
complete name and street address of the employee organization.
2.
The
names, titles, mailing addresses, email addresses, and telephone numbers
of the organization's officers.
3.
The
names, addresses, and telephone numbers of those persons who are authorized
to speak on behalf of its members and to represent the organization.
4.
The
name(s) and address(es) (including email) where notices from the City
to the organization may be sent.
5.
Information
as to whether the employee organization is a chapter 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 organization.
6.
Copies
of the employee organization's constitution and bylaws.
7.
A
statement that the employee organization has no restriction on membership
and does not discriminate based on race, color, creed, sex, national
origin, age, disability, sexual orientation, or political affiliation,
or any other category or attribute identified by State or Federal
law.
8.
A
statement that the primary purpose of the organization is to represent
employees in the City on matters concerning wages, hours, and other
terms and conditions of employment.
9.
A
description of the representation unit for which the employee organization
seeks certification, including a specific list of those classifications
that the employee organization proposes to represent.
10.
A statement by the employee organization to the effect that it has
been designated as a representative by at least 30 percent of the
employees in the representation unit.
B.
The petition shall be accompanied by proof, as defined in Section 2.74.030, that the organization represents at least 30 percent of the employees in the representation unit. The Employee Relations Officer shall give notice of the request for certification or decertification to the employees in the unit, to the employee organization, if any, which is then currently certified as the representative of the unit. Such notice shall be given within 72 hours following receipt by the Employee Relations Officer of the request for certification or decertification, excluding Saturday, Sunday, and holidays.
(Prior code § 2-209; Ord. 007-08 C.S. § 1)
A.
Upon
determining that the petitioning employee organization represents
at least 30 percent of the employees in the representation unit, the
Employee Relations Officer shall arrange with the City Clerk for a
secret ballot election to ascertain the free choice of a majority
of such employees.
B.
Any other employee organization shall be shown as one choice on the ballot upon filing of a petition and presentation of proof, as defined in Section 2.74.030, that the organization represents at least 30 percent of the employees in the representation unit.
C.
Such
petition for a place an the ballot must be filed within seven calendar
days of the date of the notice of the petition for election mailed
by the Employee Relations Officer to the employees.
D.
In all
certification or decertification elections, the choices on the ballot
shall be the currently recognized employee organization for the unit
(if any), challenging employee organizations, and no representative
organization.
E.
Employees
entitled to vote in a representation election shall be those employees
employed in positions within the representation unit who were employees
at least 15 days prior to the date of the election. Employees who
did not work during the above described time period because of illness,
vacation, or authorized leave of absence, and who are otherwise eligible,
shall be permitted to vote.
F.
The
recognized employee organization shall be representative of all the
employees in such unit for purposes of meeting and conferring in good
faith on matters within the scope of representation. This shall not
preclude individual employees from consulting with management representatives
on employer-employee relations matters of concern to them.
G.
The
City shall recognize the alternative means of union recognition as
required by the MMBA, California Government Code Section 3507.1. Any
petition, authorization card, or union membership card circulated
pursuant to Section 3507.1 must not contain misleading information,
and must provide the following information: (1) the right to join,
or not to join, employee organizations as described in Section 3502
of the MMBA; and (2) a statement whether the employee signing the
petition or card is foregoing the right to an election to determine
union representation.
H.
The
filing of a charge with the Public Employment Relations Board, or
initiating any other legal challenge, shall not automatically "block"
or otherwise cause a delay in the processing of an election. It shall
be in the discretion of the Employee Relations Officer as to whether
an election shall be delayed, considering all of the circumstances.
(Prior code § 2-210; Ord. 007-08 C.S. § 1)
The City prohibits harassment of its employees. Union organizers
may not solicit or disrupt City employees while they are working.
Further, no employee shall be harassed by any person or entity involved
in organizing efforts. Any employee suffering from harassment is encouraged
to notify the Employee Relations Officer. The City shall not release
addresses, telephone numbers, and other personal information protected
by the right of privacy to third parties absent: (A) a signed release
by the employee; or (B) other lawful process, such as a subpoena.
(Prior code § 2-211; Ord. 007-08 C.S. § 1)
A.
A decertification
petition may be filed only under the following circumstances:
1.
The
current memorandum of understanding has been in effect for at least
36 months (three years); or
2.
Twelve
months have elapsed from the most recent date of certification of
a recognized employee organization; or
3.
Twelve
months have elapsed from the most recent date of recognition of the
employee organization.
B.
Whenever
a memorandum of understanding is still in effect, a decertification
petition shall be filed no sooner than 120 calendar days and no later
than 90 calendar days before the expiration of the memorandum of understanding
or agreement between the City and the employee organization, which
is then presently certified as the representative of the unit for
which decertification is requested.
(Prior code § 2-212; Ord. 007-08 C.S. § 1)
A.
The Employee Relations Officer shall arrange for a secret ballot election to determine which employee organization shall represent the unit or if there shall be no representative organization. Choices on the ballot shall be determined in the manner set forth in Section 2.74.110 of this chapter.
B.
Notwithstanding
any other provision of this chapter, if the Employee Relations Officer
has a reasonable doubt that an employee organization represents a
majority of the employees in a representation unit, the Employee Relations
Officer shall schedule an election to determine the current wishes
of employees in the representation unit.
C.
The Employee Relations Officer shall arrange for a secret ballot election in the same manner provided in Section 2.74.110; provided, however, that no such election shall be held until the employee organization, then currently recognized as the representative of the unit or units involved, has been given at least 30 days' notice of the date upon which the election will be held.
D.
Any employee organization may be listed on said ballot if the organization petitions for a place thereon and submits proof, as defined in Section 2.74.030 that that employee organization represents at least 30 percent of the total number of employees in the representation unit or units affected by the election. The ballot shall contain a "no representative organization" choice.
E.
In the event the employee organization currently recognized as the majority representative of the representation unit involved disagrees with the Employee Relations Officer's decision to seek a new election, the matter shall, at the involved employee organization's request, be referred to the grievance procedure set forth in Section 2.74.220.
(Prior code § 2-213; Ord. 007-08 C.S. § 1)
A.
An employee
organization shall be granted formal recognition as the recognized
employee organization by the Employee Relations Officer following
an election or runoff election if:
1.
That
employee organization has received a numerical majority of the votes
cast by the employees within the unit in which the election is held.
2.
In
an election involving three or more choices, where none of the choices
receives a majority of the valid votes cast, a runoff election shall
be conducted between the two choices receiving the largest number
of valid votes cast. The rules governing an initial election shall
also apply to a runoff election.
B.
Notification
of recognition shall be made to the City Council, concerned departments,
employees in the unit being represented, challenging employee organizations,
and such other persons or organizations as the Employee Relations
Officer deems appropriate.
C.
The
Employee Relations Officer may refuse to certify the winner of an
election as the recognized employee organization for a unit if he
or she concludes that the winner of such election has coerced, intimidated,
or grossly misled employees in securing or attempting to secure their
votes.
(Prior code § 2-214; Ord. 007-08 C.S. § 1)
A.
An employee
organization may request the modification of an established representation
unit by submitting to the Employee Relations Officer a petition accompanied
by proof of employee approval of the proposed modification signed
by not less than 60 percent of those employees who, if the proposed
modification should be granted, would be moved from one representation
unit to another.
B.
A unit
modification request may not be submitted until at least 12 months
have elapsed from the most recent date of certification of the unit
from which positions would be removed should the modification request
be granted.
C.
No such
request shall be processed unless it is filed no sooner than 120 calendar
days and no later than 90 calendar days before the expiration of the
then current memorandum of understanding or agreement between the
City and the employee organization, which is then presently certified
as the representative of the unit from which one or more positions
would be removed if the request were granted.
D.
All
petitions for modified units shall be accompanied by a list of all
classifications to be included in the modified unit, the number of
employees in each classification, as well as the divisions and departments
to which they belong.
E.
The
Employee Relations Officer shall give notice of the request for modification
of an established representation unit to the employees who would be
affected by the proposed modification, to the employee organization
that is then currently certified as the representative of the unit
from which one or more positions will be transferred, and to any recognized
employee organization that has filed a written request for such notice.
Such notice shall be given within 72 hours following receipt by the
Employee Relations Officer of the request for modification, excluding
Saturday, Sunday, and holidays.
F.
The
Employee Relations Officer shall make the final determination on the
appropriateness of all units after consultation with employee organizations
who request such consultation. In making such determination, the Employee
Relations Officer shall not be limited to consideration of the unit
or units requested.
G.
Should
the decision of the Employee Relations Officer have the result of
moving some employees from one representation unit to another, such
employees will continue to work at the rate of pay, and under the
same terms and conditions of employment which they had in the unit
from which they were transferred until such time as the memorandum
of understanding concerning the unit from which they were transferred,
which was in effect at the time of said transfer, shall expire.
H.
Notwithstanding
any other provisions of this chapter, the Employee Relations Officer
may modify any representation unit, including the creation of new
units, or the reallocation of classifications from one bargaining
unit to another, when, in the Employee Relations Officer's opinion,
the present representation unit is no longer appropriate. The Employee
Relations Officer shall provide notice to all affected employee organizations,
and to each employee who may be affected by the proposed change.
I.
Before
implementing any modification or reallocation, the Employee Relations
Officer shall provide an opportunity to discuss the impact of such
modification or reallocation with affected recognized employee organizations.
(Prior code § 2-215; Ord. 007-08 C.S. § 1)
Nothing in this chapter shall be interpreted as preventing,
or limiting the right of the City Council or of the Civil Service
Commission to hold executive sessions with its legal counsel, the
City Manager, Director of Human Resources, or other duly designated
management representative, prior to and during consultations and discussions
with representatives of employee organizations in order to review
management's position and instruct its designated representatives.
(Prior code § 2-216; Ord. 007-08 C.S. § 1)
A.
Notice.
Impasse procedures may be invoked only after all other attempts made
by both parties to reach agreement through good faith negotiation
have been unsuccessful. If impasse is reached during negotiations
concerning a memorandum of understanding, either party may declare
an impasse. The party initiating impasse must send written notice
containing:
B.
Impasse
Meeting. After an impasse notice is sent, the parties shall convene
at a mutually convenient time within five days of receipt of the written
notice, unless the parties involved mutually agree to an extension.
The purpose of such impasse meeting is to permit review of the position
of all parties in a final good faith effort to reach agreement on
the disputed issues.
C.
If agreement is not concluded at the impasse meeting, the parties together may mutually agree upon a method of resolving the dispute including, but not limited to, mediation or fact finding as defined in Section 2.74.030.
D.
Unless
the parties, in writing, mutually request them to do so, mediators
or fact finders shall make no public recommendation nor take any public
position regarding the issues.
E.
All
mediation and fact-finding sessions shall be conducted in private.
F.
Any
costs for the services of a mediator shall be borne equally by both
parties.
(Prior code § 2-217; Ord. 007-08 C.S. § 1)
A.
It shall
be an unfair labor practices for the City to:
1.
Interfere
with, intimidate, restrain, coerce or discriminate against employees
in the exercise of the rights recognized or granted by Government
Code Section 3502 or by this chapter;
2.
Dominate
or interfere with the formation of any employee organization or contribute
financial support to it, provided that the City may permit the use
of City facilities, make dues deductions, and permit employees who
are officers or representatives of recognized employee organizations
to negotiate or confer with City officials during working hours without
loss of time or pay, subject to applicable regulations;
3.
Refuse
to negotiate in good faith with representatives of recognized employee
organizations on negotiable matters during the periods prescribed
by this chapter;
4.
Refuse
or fail to cooperate with any mutually designated mediator, fact finder,
or intervenor;
5.
Fail
to meet and confer in good faith or to exercise good faith while participating
in any impasse procedure set forth in this chapter;
6.
Adopt
or enforce a local rule that is not in conformance with this chapter
or the MMBA; or
7.
In
any other way violate the MMBA, the City Charter, this code, or the
civil service rules and regulations.
B.
It shall
be an unfair labor practice for employees or employee organizations
or their agents to:
1.
Cause
or attempt to cause the City to engage in conduct prohibited by the
MMBA or this chapter;
2.
Interfere
with, intimidate, restrain, coerce or discriminate against employees
in the exercise of the rights recognized by Government Code Section
3502 or by this chapter;
3.
Refuse
to negotiate in good faith with the City on negotiable matters when
the employee organization involved has been recognized as the majority
representative;
4.
Refuse
or fail to cooperate with any mutually designated mediator, fact finder,
or intervenor;
5.
Fail
to meet and confer in good faith or to exercise good faith while participating
in any impasse procedure set forth in this chapter; or
6.
In
any other way violate the MMBA, the City Charter, this code, or the
civil service rules and regulations.
C.
It is
unlawful and an unfair practice for an elected official or an appointee
of the Council, or a member of the Civil Service Commission, or any
employee, unless such person has been duly authorized by the Council
or the Civil Service Commission, to discuss, attempt to discuss or
in any way communicate to any person confidential information received
from the City's decision making processes in employee relations matters.
(Prior code § 2-218; Ord. 007-08 C.S. § 1)
Public Employment Relations Board Regulations Sections 32602,
et seq., are hereby adopted and made a part of this chapter as though
set forth fully herein.
(Prior code § 2-218.1; Ord. 007-08 C.S. § 1)
Alleged violations of this chapter shall be processed as unfair
labor practices, and prosecuted in accordance with the regulations
of the Public Employment Regulations Board.
(Prior code § 2-218.2; Ord. 007-08 C.S. § 1)
A.
The
several memoranda of understanding between the City and each recognized
employee organization provide a progressive series of steps through
which employees may present complaints or grievances arising out of
their employment or working conditions. This procedure is designed
to resolve grievances at the lowest supervisory level consistent with
justice and administrative policy.
B.
It is
the intent of this chapter that the grievance procedure, unless modified
after the negotiation process, will continue to be used for the above
described purposes, including that part of the procedure that entitles
an employee, or group of employees, to representation by representatives
of a recognized employee organization.
C.
The
civil service rules for each of the miscellaneous employees and public
safety employees, as defined herein, contain a complaint process for
violations of the City Charter, Stockton Municipal Code, and the civil
service rules and regulations. Employees may file complaints with
the Commission in lieu of grieving the issue in accordance with applicable
memoranda of understanding.
(Prior code § 2-219; Ord. 007-08 C.S. § 1)
A.
Except in cases of emergency, as provided in subsection B of this section, the Employee Relations Officer shall give reasonable written notice to each recognized employee organization of any amendment, ordinance, policy, rule, or regulation directly relating to and affecting matters within the scope of representation proposed to be adopted by the City, including the Civil Service Commission, and shall be given the opportunity to meet with the Employee Relations Officer or designee prior to adoption of the amendment, ordinance, policy, rule, or regulation.
B.
In cases
of emergency, when the City Council or the Civil Service Commission
determines that an ordinance, rule, resolution, or regulation must
be adopted immediately without prior notice or meeting with a recognized
employee organization, the City Council or the Civil Service Commission
shall provide notice and an opportunity to meet at the earliest practicable
time following the adoption of the amendment, ordinance, policy, rule,
or regulation, in accordance with Government Code Section 3504.5.
(Prior code § 2-220; Ord. 007-08 C.S. § 1)
A.
City
employees who are official representatives or unit representatives
of recognized employee organizations shall be given reasonable time
off with pay to attend meetings with management representatives, or
to be present at hearings where matters within the scope of representation
or grievances are being considered. The use of official time for this
purpose shall be reasonable and shall not interfere with the performance
of City services as determined by the City.
B.
Such
employee representatives shall submit a request for excused absence
to their respective department heads, in a manner satisfactory to
the department head, at least two working days prior to the scheduled
meeting whenever possible.
C.
Except
by mutual agreement, the number of employees excused for such purposes
shall not exceed three for any one employee organization, or two for
each representation unit, whichever is greater.
(Prior code § 2-221; Ord. 007-08 C.S. § 1)
A.
A recognized
employee organization, which represents employees of a City department,
shall be allowed by that department to use available bulletin board
space and to have access to the City's computer network for the sole
and limited purpose of posting communications having to do with official
organization business, such as times and places of meetings, provided
such use does not interfere with the needs of the department and the
City.
B.
This
privilege may be revoked in the event of inappropriate use after the
Employee Relations Officer consults with representatives of the recognized
employee organization.
C.
Any
representative of a recognized employee organization shall give notice
to the department head or his or her designated representative when
contacting departmental employees on City facilities during the duty
period of the employees, provided that solicitation for membership
or other internal employee organization business shall be conducted
during the non-duty hours of all employees concerned. Prearrangement
for routine contact may be made and, when made, shall continue until
revoked.
D.
City
buildings and other facilities may be made available for use by City
employees or a recognized employee organization or their representatives
in accordance with such administrative procedures as may be established
by the City Manager or department heads concerned.
(Prior code § 2-222; Ord. 007-08 C.S. § 1)
A.
Only
a recognized employee organization may have the regular dues of its
members within a representation unit deducted from employee's pay
checks under procedures prescribed by the City for such deductions.
B.
Dues
deduction shall be made only upon signed authorization from the employee
upon a form approved by the City, and shall continue: (1) until such
authorization is revoked, in writing, by the employee; or (2) until
the first day of the calendar month following the transfer of the
employee to a unit represented by another employee organization as
the representative of the unit to which the employee is assigned.
C.
Employees
may authorize dues deductions only for the organization certified
as the recognized employee organization of the unit to which such
employees are assigned.
D.
As an
exception to the foregoing, the City may continue to deduct dues and
insurance premiums from the pay of employees enrolled as of the effective
date of the ordinance codified in this chapter in an insurance plan
requiring payroll deduction of premiums provided by a recognized employee
organization other than the employee organization recognized for the
unit to which such employee is assigned.
(Prior code § 2-223; Ord. 007-08 C.S. § 1)
A.
The
Employee Relations Officer is authorized to establish rules and procedures
to carry out the intent of this chapter.
B.
The
Employee Relations Officer shall have the authority for the administrative
interpretation of this chapter. Interpretations made by the Employee
Relations Officer are subject to appeal to the City Manager. The City
Manager shall designate a personal representative, other than the
Employee Relations Officer, to investigate the merits of the complaint,
to meet with the complainant, and to resolve the complaint or to make
recommendations to the City Manager.
C.
All
elections authorized by this chapter shall be conducted by the City
Clerk. The expenses, if any, of conducting an election shall be shared
equally by the parties involved in the election.
(Prior code § 2-224; Ord. 007-08 C.S. § 1)
A.
Nothing
in this chapter shall be construed to deny any person, employee, or
employee organization the rights granted by Federal, State, and local
laws.
B.
The
rights, powers and authority of the City Council and Civil Service
Commission and the rights of employee organizations in all matters,
including the right to maintain any legal action, shall not be modified
or restricted by this chapter.
C.
The
provisions of this chapter are intended to comport with all applicable
State and Federal laws, and shall be interpreted and applied to conform
with all such laws.
D.
Upon
request by the City, a recognized bargaining representative will meet
and consult with the City promptly upon request in an effort to resolve
any amendments that are necessary or advisable in the light of changes
to existing law, or interpretations of the law that impact this ordinance.
(Prior code § 2-225; Ord. 007-08 C.S. § 1)
The ordinance codified in this chapter shall supersede and supplant
Resolutions No. 27,978, adopted by this City Council on October 15,
1969, and Resolution No. 32,538, as amended by Resolution No. 03-0508
on August 26, 2003.
(Prior code § 2-226; Ord. 007-08 C.S. § 1)
