This chapter shall be known as the employer-employee relations
ordinance of the city of South San Francisco.
(Ord. 647 § 1, 1973)
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. 647 § 2, 1973)
As used in this chapter and the rules and regulations adopted pursuant to Chapters 3.04 and 3.12 through 3.36, the following terms shall have the meanings indicated:
means a unit established pursuant to Section 3.08.140.
means the personnel board of the city.
means the city of South San Francisco. Where appropriate
“city” refers to the city council.
means 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”
means an employee who is privy to decisions of city management
affecting employer-employee relations;
“Management”
(A)
(B)
means:
Any employee having significant responsibilities for formulating
and administering city policies and programs, including but not limited
to the chief executive officer and department heads;
Any employee having authority to exercise independent judgment
to hire, transfer, suspend, layoff, recall, promote, discharge, reward
or discipline other employees, or having the responsibility to direct
them, or to adjust their grievances;
“Peace officer”
means the same as defined by Chapter 4.5, Part 2, California
Penal Code, Sections 830 et seq.;
Professional and Para-Professional Employees.
“Professional employees”
means those 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.
“Para-professional employees”
means those employees who perform duties predominantly intellectual
in character requiring the use of independent judgment, as differentiated
from manual routine or repetitious tasks, and whose specialized knowledge
and skills are attained through training and/or completion of recognized
courses of instruction at an institute of higher learning.
“Regular”
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 representative”
means an employee organization that has been recognized by
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 factfinders; and, when directed by the municipal
employee relations officer, making recommendations for settlement.
means a dispute concerning:
The interpretation or application of departmental rules and
regulations governing personnel practices or working conditions; or
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 regarding wages, hours and other terms and conditions of
employment 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 3.08.060.
means, unless context indicates otherwise, the employer-employee
relations ordinance of the city.
means formal recognition of an employee organization by the city council pursuant to Section 3.08.170.
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 merits, necessity or organization of any service
or activity provided by law or executive order.
(Ord. 647 § 3, 1972; Ord. 683 § 1, 1975)
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.
(Ord. 647 § 4, 1972)
The city reserves all rights of management not legally granted
to employees by agreement or ordinance.
(Ord. 647 § 5, 1972)
The city manager shall be the municipal employee relations officer.
The municipal employee relations officer or his 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.
(Ord. 647 § 6, 1972)
The municipal employee relations officer shall consider the
following and other relevant factors in determining the appropriateness
of representation units:
(a)
The
community 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 3.08.030(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
effort or ability to secure employees’ authorizations.
(Ord. 647 § 9, 1972)
The municipal employee relations officer shall notify all affected
employee organizations of his determination of employee units by unit
and job classification title.
(Ord. 647 § 10, 1972)
Any employee organization representing city employees may request
a conference to discuss the definition 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.
(Ord. 647 § 11, 1972)
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.
(Ord. 647 § 12, 1972)
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.
(Ord. 647 § 13, 1972)
Action by the city council designating the representation shall
be by resolution. The city unilaterally may designate the appropriate
units after giving notice of the city’s intent to establish
organizations who represent city employees.
(Ord. 647 § 14, 1972)
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 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
thirty 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.
(Ord. 647 § 15, 1972)
Petitions for recognition shall be processed as provided below:
(a)
Upon receipt of a petition for recognition, the municipal employee relations officer shall review the information submitted for compliance with the requirements specified in Section 3.08.150. 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 ten days’ notice
of the intent to grant recognition.
(c)
If
an election is required, the municipal employee relations officer
shall determine the names of the organizations which shall appear
on the ballot.
(d)
When
necessary, the municipal employee relations officer shall arrange
for an election by secret ballot which shall be conducted by the city
clerk or some other agency designated by the municipal employee relations
officer. 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 the specified period of time immediately
prior to the pay period within which the election is held, such period
to be determined by the board. Those employees shall include those
who did not work during such period because of illness, vacation or
authorized leaves of absence.
(e)
The
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., fifty percent plus one of the votes of all employees voting),
provided that at least sixty 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 thirty days from the date of an election at which no employee organization obtains a majority in accordance with subsection (e) above, 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.
(Ord. 647 § 16, 1972)
The city clerk or other agency conducting the election shall
report the election results to the board and the other affected employee
organizations and departments. The board will also submit its recommendation
and that of the municipal employee relations officer to the city council
which will then make a final determination with respect to granting
or denying recognition.
(Ord. 647 § 17, 1972)
When an employee organization or joint council has been recognized as the majority representative of a unit, such recognition shall remain in effect for one year from the date thereof and thereafter until recognition is withdrawn as provided in Section 3.08.190.
(Ord. 647 § 18, 1972)
A petition for withdrawal of 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 recognition and the rules and regulations of the city.
(Ord. 647 § 19, 1972)
No employee may be represented by more than one recognized employee
organization for the purposes of this chapter.
(Ord. 647 § 20, 1972)
A.
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 3.08.030(S). Meeting and conferring shall not be required on any matter preempted or specifically 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 3.08.220.
B.
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
relating to this chapter.
C.
Meetings
on those matters which affect employees generally may be held jointly,
with representatives of other recognized employee organizations.
(Ord. 647 § 21, 1972)
A.
The
scope of consultation between management representatives and representatives
of employee organizations includes any item considered within the
scope of representation.
B.
Every
reasonable effort shall be made to have such consultation prior to
basic changes in any rule or procedure affecting employee relations.
C.
Requests
for consultation shall be directed to the municipal employee relations
officer or his duly authorized representative.
(Ord. 647 § 22, 1972)
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.
(Ord. 647 § 23, 1972)
A.
Except in cases of emergency as provided in subsection (B), 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.
B.
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.
(Ord. 647 § 24, 1972)
Grievances shall be processed in accordance with Chapters 3.04, 3.12 through 3.36, and related statutes of the state of California.
(Ord. 647 § 25, 1972)
A.
When
the meeting and conferring process is concluded between the city and
a recognized employee organization a jointly written memorandum of
understanding shall be prepared for signature by the duly authorized
city and employee representatives.
B.
The
memorandum of understanding shall be submitted to the city council
for determination and is not effective or binding until adopted by
the council.
(Ord. 647 § 26, 1972)
The city council may adopt such rules and regulations necessary or convenient to implement the provisions of this chapter and Chapter 10, Division 4, Title 1 of the Government Code of the state of California (Sections 3500, et seq.).
(Ord. 647 § 27, 1972)
This chapter shall apply to all departments under the budgetary
control of the city council.
(Ord. 647 § 28, 1972)
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.
B.
The provisions of this chapter are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the state of California (Sections 3500, et seq.) as amended.
(Ord. 647 § 29, 1972)
