The ordinance codified in this chapter shall be known as the
"Employer-Employee Relations Ordinance" of the city.
(Ord. 327 § 1, 2004)
The purpose of this chapter is to implement Chapter 10, Division 4, Title 1 of the Government Code of the state (Section 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. 327 § 1, 2004)
As used in this chapter, the following terms shall have the
meanings indicated:
means a unit established pursuant to Section 2.32.100.
means the city of Lemon Grove, California, a municipal corporation,
and where appropriate herein, "city" refers to the city council, the
governing body of the city, or any duly authorized management employee
as herein defined.
means to communicate orally or in writing for the purpose
of presenting and obtaining views or advising of intended actions.
means calendar day.
means any person regularly employed by the city excluding
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 responsibility for
formulating and administering city policies and programs, including,
but not limited to, the following positions:
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 any organization which includes employees of the city
and which has as one of its primary purposes representing such employees
in their employment relations with the city.
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.
means a uniformed employee of the fire department.
means:
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 the efforts of an impartial third person, or persons,
functioning as intermediaries, to assist the parties in reaching a
voluntary resolution to an impasse, through interpretation, suggestion
and advice. Mediation and conciliation are interchangeable terms.
(sometimes referred to in this chapter as "meet and confer"
or "meeting and conferring") means performance by duly authorized
city representatives and duly authorized representatives of an employee
organization recognized as the majority representative 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;
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's principal representative in all matters of employer-employee relations designated pursuant to Section 2.32.120, or duly authorized representative.
as this term is defined in Section 830 of the California
Penal Code.
means an employee organization which has been acknowledged
in writing by the municipal employee relations officer as an employee
organization that represents employees of the city. The rights accompanying
recognition are either:
"Formal recognition,"
which is the right to meet and confer in good faith as the
majority representative in an appropriate unit; or
"Informal recognition,"
which is the right to consultation in good faith by all recognized
employee organizations.
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 2.32.050) are excluded from the scope of representation.
(Ord. 327 § 1, 2004; Ord. 442 § 1, 2016)
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 by the city or by any employee organization because of his
or her exercise of these rights.
(Ord. 327 § 1, 2004)
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 lack of work or for other legitimate reasons; 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. 327 § 1, 2004)
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.
B.
The city shall not be required to meet and confer, in good faith on any subject preempted by federal or state law, nor shall it be required to meet and confer in good faith on employee or city rights as defined in Sections 2.32.040 and 2.32.050. Proposed amendments to this chapter are excluded from the scope of meeting and conferring.
(Ord. 327 § 1, 2004)
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 relation matters which affect them. Advance notice
on matters subject to consultation, but outside the scope of representation,
is desirable but not mandatory.
(Ord. 327 § 1, 2004)
Reasonable written notice shall be given to each recognized
employee organization affected by any ordinance, resolution, rule
or regulation directly relating to matters within the scope of representation
proposed to be adopted by 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. 327 § 1, 2004)
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 or international organization;
6.
Certified
copies of the employee organization's constitution and bylaws;
7.
A
designation of those persons, not exceeding two in number, and their
addresses, to whom notice sent by regular United States mail will
be deemed sufficient notice on the employee organization for any purpose;
8.
A
statement that the employee organization recognizes that the provisions
of Section 923 of the Labor Code arc not applicable to city employees;
9.
A
statement that the employee organization has no restriction on membership
based on race, color, age, creed, sex or national origin;
10.
The job classifications or titles of employees in the unit claimed
to be appropriate and the approximate number of member employees therein;
11.
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, to establish that 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; and
12.
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:
1.
All of the information enumerated in subdivisions 1 through 12 of subsection A of this section, inclusive;
2.
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, to establish that employees 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;
3.
A
request that the municipal employee relations officer recognize the
employee organization for the purpose of consultation in good faith.
C.
The
petition, including all accompanying documents, shall be verified,
under oath, by the executive officer and secretary of the organization
that the statements are true. All changes in such information shall
be filed forthwith in like manner.
D.
The municipal employee relations officer shall grant recognition, in writing, to all employee organizations which have complied with subsections A or B and C of this section for purposes of consultation in good faith for its members. An employee organization seeking formal recognition as majority representative must, in addition, establish to the satisfaction of the municipal employee relations officer that it represents a majority of the employees in the manner prescribed in Section 2.32.110(A). No employee may be represented by more than one recognized employee organization for the purposes of this chapter.
(Ord. 327 § 1, 2004)
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 determination is whether
there is a community of interest among such employees. The following
factors, among others, 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; and
5.
The
effect on the existing classification structures of dividing a single
classification among two or more units.
Provided, however, no unit shall be established solely on the
basis of the extent to which employees in the proposed unit have organized.
B.
In the
establishment of appropriate units:
1.
Professional
employees shall not be denied the right to be represented separately
from nonprofessional employees; and
2.
Management
and confidential employees who are included in the same unit with
nonmanagement or nonconfidential employees may not represent such
employees on matters within the scope of representation.
(Ord. 327 § 1, 2004)
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 recognized employee organizations, or individual employees,
from consulting with management representatives on employer-employee
relations matters of concern to them;
2.
Revoke
the recognition rights of a majority representative, which has been
found by secret ballot election no longer to be the majority representative.
B.
The
recognition rights of the majority representative designated in accordance
with this section shall not be subject to challenge for a period of
twelve months following the date of such recognition.
C.
The
city council shall have the authority by resolution to recognize the
majority representative of an appropriate unit without the necessity
of the recognition process established herein where the unit represents
employees who are returning to a reorganized department of the city
performing functions that had been previously contracted to another
public agency.
(Ord. 327 § 1, 2004)
The city manager shall be the municipal employee relations officer
who shall be the city's principal representative in all matters of
employer-employee relations, with authority to meet and confer in
good faith on matters within the scope of representation, including
wages, hours and other terms and conditions of employment. The city
manager is authorized to delegate these duties and responsibilities.
(Ord. 327 § 1, 2004)
A.
The
procedures of this section may be invoked only after the possibility
of settlement by direct discussion, by all parties concerned, has
been exhausted. The impasse procedures are as follows:
1.
Mediation or conciliation as defined in Section 2.32.030. All mediation proceedings shall be private. The mediator shall make no public recommendations nor take any public position concerning the issues;
2.
A
determination by the city council after a hearing on the merits of
the dispute;
3.
Any
other dispute-resolving procedures to which the parties mutually agree
or which the city council may order.
B.
Any
party may initiate the impasse procedure by filing with the other
party or parties affected a written request for an impasse meeting
together with a statement of its position on all disputed issues.
An impasse meeting may then be scheduled by the municipal employee
relations officer forthwith after the date of filing of the written
request for such meeting, with written notice to all parties affected.
The purpose of such impasse meeting is to permit a review of the position
of all parties in a final effort to reach agreement on the disputed
issues, and if agreement is not concluded, to mutually select the
specific impasse procedure to which the dispute may be submitted in
the absence of agreement between the parties on the selection of an
impasse procedure, the matter may be referred to the city council.
C.
The
fees and expenses, if any, of mediators or of any other impasse procedure
shall be payable one-half by the city and one-half by the employee
organization or employee organizations.
(Ord. 327 § 1, 2004)
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 and majority representatives. The
memorandum of understanding shall be submitted to the city council
for determination.
(Ord. 327 § 1, 2004)
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 (Section 3500, et seq.).
(Ord. 327 § 1, 2004)
A.
Nothing
in this chapter shall be construed to deny any person or employee
the rights granted by federal or state laws.
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.
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 (Section 3500, et seq.).
D.
The
provisions of this chapter recognize the right of a recognized bargaining
group to negotiate and "agency shop" agreement with the city pursuant
to the procedures established under Government Code Sections 3502
and 3502.5. No agency shop arrangement shall apply to management,
confidential, or supervisory employees.
(Ord. 327 § 1, 2004)
