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 for resolving disputes regarding wages, hours and other terms and conditions of employment.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
As used in this chapter, the following terms shall have the
meanings indicated:
means a unit established pursuant to Section 3.12.090 of this chapter;
means the City of Santa Barbara, a municipal corporation,
and where appropriate herein, "City" refers to the City Council, the
governing body of said City, or any duly authorized management employee
as herein defined;
means to communicate verbally or in writing for the purpose
of presenting and obtaining views or advising of intended actions;
means any person regularly employed by the City except those
persons elected by popular vote;
means an employee who is privy to decisions of City management
affecting employer-employee relations;
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;
means any organization which includes employees of the City
and which has as one of its purposes representing such employees in
their employment relations with the City;
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 an employee organization, or its duly authorized representative,
that has been granted formal recognition by the Municipal Employee
Relations Officer as representing the majority of employees in an
appropriate unit;
means performance by duly authorized City representatives
and duly authorized representatives of a recognized employee organization
of their mutual obligation to meet at reasonable times, and to confer
in good faith regarding matters within the scope of representation,
including wages, hours and other terms and conditions of employment
in an effort to:
Reach agreement on those matters within the authority of such
representatives by a memorandum of understanding,
Reach agreement on what will be recommended to the City Council
on those matters within the decision making authority of the City
Council.
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This does not require either party to agree to a proposal or
to make a concession;
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means the City Administrator or his or her duly authorized
representative;
means an employee organization which has been acknowledged
by the Municipal Employee Relations Officer as an employee organization
that represents employees of the City.
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The rights accompanying recognition are either:
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1.
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"Formal recognition" which is the right to meet and confer in
good faith as the majority representative in an appropriate unit,
or
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2.
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"Informal recognition" which is the right to consultation in
good faith by all recognized employee organizations;
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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. City rights (Section 3.12.040) are excluded from the scope of representation.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
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 employer-employee
relations including but not limited to wages, hours and other terms
and conditions of employment. Employees of the City also shall have
the right to refuse to join or participate in the activities of employee
organizations and shall 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 because of his or her exercise of these rights.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
The rights of the City include, but are not limited to, the
exclusive right to determine the mission of its constituent departments,
commissions and boards; set standards of service; determine the procedures
and standards of selection for employment and promotion; direct its
employees; take disciplinary action; relieve its employees from duty
because of economic reasons or for cause as provided in Section 1007
of the City Charter; maintain the efficiency of governmental operations;
determine the methods, means and personnel by which government operations
are to be conducted; determine the content of job classifications;
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.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
A.
The
City, through its representatives, shall meet and confer in good faith
with representatives of formally recognized employee organizations
with majority representation rights regarding matters within the scope
of representation including wages, hours and other terms and conditions
of employment within the appropriate unit.
(Ord. 3467 §1, 1971; Ord 4537, 1988)
All matters affecting employer-employee relations, including
those that are not subject to meeting and conferring, are subject
to consultation. The City, through its representatives, shall consult
in good faith with representatives of all recognized employee organizations
on employer-employee relations matters which affect them.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
Reasonable written notice shall be given to each recognized
employee organization affected of any ordinance, rule, resolution
or regulation directly relating to matters within the scope of representation
proposed to be introduced to or by the City Council, or any committee
of the City Council, or by any board or commission of the City, and
each shall be given the opportunity to meet with such body prior to
adoption. Emergency resolutions and ordinances are excepted, but employee
representatives shall be notified of such resolutions and ordinances
as soon as possible.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
There are two levels of employee organization recognition, formal
and informal. The recognition requirements of each are set forth below:
A.
"Formal
recognition" means the right to meet and confer in good faith as majority
representative: An employee organization that seeks formal recognition
for purposes of meeting and conferring in good faith as the majority
representative of employees in an appropriate unit shall file a petition
with the Municipal 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 employee organization representatives who are authorized to speak
on behalf of its members,
4.
A
statement that the employee organization has, as one of its primary
purposes, representing employees in their employment relations with
the City,
5.
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, national or international
organization,
6.
A
copy of the employee organization's constitution and by-laws currently
in effect,
7.
A
designation of those persons, not exceeding three 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,
8.
A
statement that the employee organization has no restriction on membership
based on race, color, creed, sex or national origin,
9.
The
job classification or titles of employees in the unit claimed to be
appropriate and the approximate number of member employees therein,
10.
A statement on appropriate City forms provided for this purpose that
the employee organization has in its possession written proof, dated
within six months of the date upon which the petition is filed, to
establish that at least 30% 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. Such written proof
shall be submitted for confirmation to the Municipal Employee Relations
Officer or to a mutually agreed upon disinterested third party.
Effective upon adoption of the ordinance codified herein, any employee organization that has been formally recognized by the City Council shall be deemed to have been recognized for purposes of Section 3.12.080,
11.
A request that the Municipal Employee Relations Officer recognize
the employee organization as the majority representative of the employees
in the unit claimed to be appropriate for the purpose of meeting and
conferring in good faith on all matters within the scope of representation,
B.
"Informal
recognition" means the right to consult in good faith: An employee
organization that seeks recognition for purposes of consultation in
good faith shall file a petition with the Municipal Employee Relations
Officer containing the following information and documentation:
C.
Any
other employee organization may file an intervener petition pursuant
to the requirements set forth in Section 3.12.120.C within 15 days
after a petition for recognition is received by the City.
D.
The
Municipal Employee Relations Officer shall grant recognition, in writing,
to all employee organizations who have complied with Section 3.12.080.A
or B. Employee organizations seeking formal recognition as majority
representative must, in addition, satisfy the requirement of Section
3.12.100.A.1 below. No employee may be represented by more than one
recognized employee organization for the purposes of this chapter.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
A.
The
Municipal Employee Relations Officer, after reviewing the petition
filed by an employee organization seeking formal recognition as majority
representative, shall determine whether the proposed unit is an appropriate
unit. The principal criterion in making this decision is whether there
is a community of interest among such employees. The following factors
are to be considered in making such determination:
1.
Which
unit will assure employees the fullest freedom in the exercise of
rights set forth under this chapter;
3.
The
effect of the unit on the efficient operation of the City and sound
employer-employee relations;
4.
The
extent to which employees have common skills, working conditions,
job duties or similar educational requirements
5.
The
effect on the existing classification among two or more units.
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Provided, however, no unit shall be established solely on the
basis to the extent to which employees in the proposed unit have organized.
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B.
In the
establishment of appropriate units:
1.
Professional
employees shall not be denied the right to be represented separately
from non-professional employees, and
2.
After
meeting and conferring with formally recognized employee groups, certain
management and confidential employees may be designated for the purposes
of preventing such employees from representing a unit of non-management
and non-professional employees on matters within the scope of representation.
C.
If,
after considering the above criteria, the Municipal Employee Relations
Officer denies recognition to a unit requesting such recognition,
an appeal from his or her decision may be filed with the Board of
Civil Service Commissioners. The appeal must be in writing, stating
specific reasons why the unit should be recognized, and must be filed
with the Secretary to the Board (Personnel Director) within 15 days
after the unit requesting recognition receives notice of denial of
recognition from the Municipal Employee Relations Officer. Upon receipt
of the appeal for recognition, the Board shall set a hearing date
within 20 days, and written notice of the time and place thereof shall
be given to the unit in person or by mail at least 10 days before
the hearing. The decision of the Board shall be binding, but a unit
whose request has been denied by the Board may repetition for recognition
after 12 months have elapsed since such decision.
D.
The
Municipal Employee Relations Officer shall, after notice to and consultation
with affected employee organizations, allocate new classifications
or positions, delete eliminated classifications or positions, and
retain, reallocate or delete modified classifications or positions
from units in accordance with the provisions of this section.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
A.
Requests by employee organizations or groups of employees for modifications of established appropriate unit may be considered by the Municipal Employee Relations Officer only during the open period specified in Section 3.12.120. Such requests shall be submitted in the form of a Petition for Recognition pursuant to the requirements set forth in Sections 3.12.080 and 3.12.090. The Municipal Employee Relations Officer shall process such petitions as other Petitions for Recognition under Sections 3.12.080 and 3.12.090, including the right of appeal contained in 3.12.090.C.
B.
Any
other employee organization may file an intervener petition pursuant
to Section 3.12.120.C when a petition includes a request for recognition.
C.
The Municipal Employee Relations Officer may propose during the open period specified in Section 3.12.120 that an appropriate unit be modified. The Municipal Employee Relations Officer shall give written notice of each proposed modification to any affected employee organization and shall hold a meeting concerning proposed modification, at which time all affected employee organizations shall be heard. Thereafter the Municipal Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 3.12.090, and shall give written notice of such determination to the affected employee organizations. The Municipal Employee Relations Officer's determination may be appealed as provided in Section 3.12.090.C. If a unit is modified pursuant to the motion of the Municipal Employee Relations Officer hereunder, an employee organization may thereafter file a Petition for Recognition seeking to become the recognized employee organization for such new appropriate unit or units pursuant to Sec. 3.12.080.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
A.
The
Municipal Employee Relations Officer may:
1.
Determine
the majority representative of City employees in an appropriate unit
by arranging for a secret ballot election or by any other reasonable
method which is based upon written proof, and is designed to ascertain
the free choice of a majority of such employees. The employee organization
found to represent a majority of the employees in an appropriate unit
shall be granted formal recognition and is the only employee organization
entitled to meet and confer in good faith on matters within the scope
of representation for employees in such unit. This shall not preclude
other employee organizations, or individual employees, from consulting
with management representatives on employer-employee relations matters
of concern to them;
B.
The
recognition rights of the majority representative designated in accordance
with this section shall not be subject to challenge for a period of
12 months following the date of such recognition.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
A.
Initiated
by Petition.
1.
Any group of employees of an appropriate unit represented by a formally recognized employee organization may initiate the process of revoking that organization's recognition by filing a revocation of recognition petition with the Municipal Employee Relations Officer. Said petition shall meet the requirements set forth in Section 3.12.080. The petition may only be filed during an "open period," defined as (a) the month of March of any year following the first 12 months of recognition, or (b) the 30 day period beginning 120 days prior to the termination date of the Memorandum of Understanding affecting that unit then having been in effect less than three years, whichever is later.
2.
A revocation of recognition petition may be combined with a petition for recognition by adhering to the requirements of Section 3.12.080 as well as those requirements in this section. Following receipt of a revocation of recognition petition the Municipal Employee Relations Officer shall make a written determination to accept or reject the petition. The Employee Relations Officer shall notify the affected labor organizations of his or her determination. An appeal of this determination may be filed with the Board of Civil Service Commissioners, as provided in Section 3.12.090.C.
B.
Election. Upon the determination of a revocation petition's acceptance or rejection, or upon decision by the Board, the Municipal Employee Relations Officer shall promptly schedule an election among the employees of each affected unit to decide the question in accordance with Section 3.12.100. Such election shall take place no sooner than 30 days following the determination of the Municipal Employee Relations Officer or alternately the decision of the Board of Civil Service Commissioners.
C.
Intervener Petition. Within 15 days of the filing of a revocation petition which combines a request for recognition, any other employee organization may file an intervener petition for recognition as to the affected unit pursuant to Section 3.12.080. Such a petition must include written proof dated within six months of the date of filing, of employee approval equal to at least 10% of employees within the unit.
D.
New Representative. Within 15 days of the filing of a revocation of recognition petition or issuance of a notice by the Municipal Employee Relations Officer that revocation proceedings have commenced, any other employee organization may file a Petition for Recognition as to any affected appropriate unit pursuant to Section 3.12.080. Any election to be held as to that Petition may be held concurrently with the election on the issue or revocation of recognition.
E.
No Impact
on MOU. Neither the revocation of recognition of an employee organization,
nor the recognition of a different employee organization, shall have
any effect on an Memorandum of Understanding then in effect. Any employee
organization which is formally recognized as to a unit during the
term of an MOU shall be bound by all of the terms and conditions of
that MOU.
(Ord. 4537, 1988)
A.
When
the meeting and conferring process is concluded between the City and
a formally recognized employee organization representing a majority
of the employees in an appropriate unit, all agreed upon matters shall
be incorporated in a written memorandum of understanding signed by
the duly authorized City representative and the majority representatives.
B.
As to
those matters within the authority of the City Council, the memorandum
of decision shall be submitted to the City Council for determination.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
The City Council may adopt such rules and regulations necessary 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. 3467 §1, 1971; Ord. 4537, 1988)
A.
Nothing
in this chapter shall be construed to deny any person or employee
the rights granted by Federal and State laws and City Charter provisions.
B.
The
rights, powers and authority of the City Council in all matters, including
the right to maintain any legal action, shall not be modified or restricted
by this chapter.
C.
Nothing
contained in this chapter shall abrogate any written agreement between
any employee organization and the City in effect on the effective
date of this chapter. All such agreements shall continue in effect
for the duration of the term specified therein unless modified or
rescinded by mutual agreement of the parties thereto.
D.
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 in 1968.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
A.
Employee
representatives shall be allowed reasonable time off to meet and confer
with employer representatives.
B.
One
member from each formally recognized employee association shall be
granted up to three working days or two shifts off in the case of
members of the Fire Department, with pay, once annually to attend
state, regional or national conferences or conventions of employee
associations of which said employee is a member. No other expense
incurred by attendance at said conference or convention shall be paid
by the City.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
If any provision of this chapter, or the application of such
provision to any person or circumstance, shall be held invalid, the
remainder of this chapter, or the application of such provision to
persons or circumstances other than those as to which it is held invalid,
shall not be affected thereby.
(Ord. 3467 §1, 1971; Ord. 4537, 1988)
