Chapter 2.32 EMPLOYEE RELATIONS

Any employee having significant responsibilities for formulating and administering city policies and programs including, without limitation the city manager and department heads; and

Any employee having authority in the interest of the city to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them or to adjust grievances or to effectively recommend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(Prior code § 2251; Ord. 1259 § 1, 1969; Ord. 1289 § 6, 1971; Ord. 1397 § 1, 1975; Ord. 1458 § 1; Ord. 2260, 1/15/2025)

§ 2.32.030 Employee groups.

To be recognized for the purposes of this chapter, an employee organization must represent a majority of the employees in an employee group.

The city has investigated and studied the work assignments and interest of all city employees. The city has made conclusions based on this study that there are separate and distinct employee groups and that the acknowledgement of these groups will be most conducive to harmonious employer-employee relations and to the efficient operation of the city. The separate employee groups shall be acknowledged by city council resolution.

Supervisors, management and confidential employees may not represent employees of any group outside their own (if any). Professional employees may seek separate recognition through a professional employee organization.

(Prior code § 2253; Ord. 1259 § 1, 1969; Ord. 2260, 1/15/2025)

§ 2.32.040 Petition for recognition.

Any employee organization which seeks to be recognized as an employee organization representing the employees in an appropriate unit must file with the Employee Relations Officer a petition containing the following information:

Name and address of the employee organization;

§ 2.32.050 Recognition of majority representatives.

Names and titles of its officers, and mailing and email addresses;

(3)

Names, email addresses, and telephone numbers of employee organization representatives who are authorized to speak on behalf of the organization in any communication with the city;

(4)

A copy of the employee organization's constitution or bylaws contains a statement that the employee organization has as one of its primary purposes representation of the employees in their employment relations with the city.

(5)

A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.

(6)

A designation of those persons, not exceeding two in number, and their addresses, and/or email addresses, to whom notice sent by regular United States mail and/or email will be deemed sufficient notice on the employee organization for any purpose.

(7)

A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, marital status, sexual orientation, mental or physical disability, medical condition, military or veteran status, gender identity or expression, genetic information, or any other legally-protected classification.

(8)

The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.

(9)

A statement that the employee organization has in its possession proof of employee support to establish that a majority 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 employee relations officer.

(10)

A request that the employee relations officer formally acknowledge the petitioning employee organization as the recognized employee organization for purposes of representing the employees in the unit claimed to be appropriate in their relations with the city.

The petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct, and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.

(Prior code § 2254; Ord. 1259 § 1, 1969; Ord. 2260, 1/15/2025)

City Response to Recognition Petition. After receiving a petition, the employee relations officer must determine whether:

There is compliance with the requirements for the filing of a recognition petition.

The proposed representation unit is an appropriate unit as required by this chapter. If an affirmative determination is made by the employee relations officer on the foregoing two matters, the employee relations officer will so inform the petitioning employee organization; give written notice of such request for recognition to the employees in the unit; and take no action on the request for thirty days thereafter. If either of the foregoing matters are not affirmatively determined, the employee relations officer must offer to consult with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons in writing.

The petitioning employee organization may appeal such determination in accordance with this chapter.

Open Period for Filing Challenging Petition.

Within thirty days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty percent support in the unit claimed to be appropriate and otherwise in the same form and manner by this chapter. If such challenging petition seeks establishment of an overlapping unit, the employee relations officer must call for a hearing on such overlapping petitions for the purpose of determining the more appropriate unit, at which time the petitioning employee organizations will be heard. Thereafter, the employee relations officer must determine the appropriate unit or units in accordance with the standards in this chapter and provide written notice of the employee relations office determination to all petitioning employee organizations.

If the petitioning employee organizations do not agree with the decision rendered by the employee relations officer, the petitioning employee organizations have fifteen days from the date of when the notice of such unit determination is communicated to them by the employee relations officer to amend their petitions to conform to such determination or to appeal such determination.

§ 2.32.060 Procedure for decertification of recognized employee organization.

Granting Recognition Without an Election.

If the petition is deemed compliant by the employee relations officer, and the proof of support shows that a majority of the employees in the unit deemed to be appropriate have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the employee relations officer must request the California State Mediation and Conciliation Service ("SMCS"), or another agreed-upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the employee relations officer must formally acknowledge the petitioning employee organization as the recognized employee organization for the designated unit.

(d)

Election Procedure.

Where recognition is not granted without an election, then, upon determination of an appropriate unit, the employee relations officer must arrange for a secret ballot election to be conducted by a party agreed to by the employee relations officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this chapter. All employee organizations submitted petitions which determined to conformance with this chapter must be included on the ballot to provide employees the choice of representing themselves individually in their employment relations with the city. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately before the date which ended at least fifteen days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the city in the same unit on the date of the election. An employee organization must be formally acknowledged as the recognized employee organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election must 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 run-off election.

There shall be no more than one valid election under this Section 2.32 pursuant to any petition in a twelve-month period affecting the same unit.

Should SMCS decline to conduct the election, the parties will cause the election to be conducted by a neutral arbitrator selected from a list of seven names to be provided by SMCS or, if that body for any reason fails to provide such a list, by the American Arbitration Association. The incumbent recognized employee organization may first strike one name, the petitioning organization may then strike one name, the employee relations officer may next strike one name, and alternate so forth until the last name remaining shall be the election supervisor.

If the parties cannot agree as to the time, place, and manner of the election, then the election supervisor is authorized to unilaterally determine such issues and carry out the election accordingly.

Costs of conducting elections must be borne in equal shares by the city and by each employee organization appearing on the ballot.

Nothing prohibits any city employee the right to organize and join any organization of their choice or refraining from or refusing to join or participate in the activities of employee organizations.

(Prior code § 2255; Ord. 1259 § 1, 1969; Ord. 2260, 1/15/2025)

A decertification petition alleging that the incumbent recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the employee relations officer only during the month of March of any year following the first full year of recognition or during the thirty-day period commencing one hundred twenty days before the termination date of a memorandum of understanding then having been in effect less than three years, whichever occurs later.

A decertification petition may be filed by two or more employees or their representative, or an employee organization, and must contain the following information and documentation declared by the duly authorized signatory under penalty of perjury under the laws of the state of California to be true, correct, and complete:

The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.

§ 2.32.070 Procedure for modification of established appropriate units.

The name of the established appropriate unit and of the incumbent recognized employee organization sought to be decertified as a representative of that unit.

(3)

An allegation that the incumbent recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.

(4)

Proof of employee support that at least thirty percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent recognized employee organization. Such proof must be submitted for confirmation to the employee relations officer within the time limits specified in this section.

An employee organization may, in satisfaction of the decertification petition requirements set forth in this section, file a petition under this section in the form of a recognition petition that evidences proof of employee support of at least thirty percent, that includes the allegation and information required under this section.

The employee relations officer must initially determine whether the petition was filed in compliance with the applicable provisions of this section. If the employee relations officer determines the petition is not compliant, the employee relations officer must offer to consult with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, return such petition to the employees or employee organization with a statement of the reasons in writing.

If the employee relations officer determines the petition is compliant, or if such a determination is made following appeal, the employee relations officer must give written notice of such decertification or recognition petition to the incumbent recognized employee organization and to unit employees. Upon request, the employee relations officer must provide a copy of the petition with names and all other identifying information redacted.

Thereafter, the employee relations officer must arrange for a secret ballot election to be held on or about thirty days after such notice to determine the wishes of unit employees as to the question of decertification and, if a recognition petition was duly filed hereunder, the question of representation. Such election must be conducted in conformance with chapter.

If, pursuant to this section, a different employee organization is formally acknowledged as the recognized employee organization, such organization is bound by all the terms and conditions of any memorandum of understanding then in effect for its remaining term.

(Ord. 2260, 1/15/2025)

Requests to modify established appropriate units must be submitted in the form of a petition for recognition and, in addition to the requirements, contain a complete statement of all relevant facts and citations in support of the proposed modified. The employee relations officer shall process such petition as recognition petitions are processed.

When new classifications are adopted, existing classifications abolished, or when a classification is no longer compatible with the existing bargaining unit under the standards set forth in this chapter, the employee relations officer may propose that an established unit be modified. The employee relations officer must give written notice of the proposed modification(s) to any affected employee organization. Any affected employee organization, may, within seven days after service of notice, request a meeting with the employee relations officer by which to contest the proposal(s). That meeting is informal and may consist of the participating employee organization providing verbal and/or written input regarding its position. Not later than seven days after receiving a request to meet, the employee relations officer must conduct such meeting at which time all affected employee organizations must be heard.

§ 2.32.080 Procedure for processing severance requests.

Thereafter, the employee relations officer must determine the composition of the appropriate unit or units and give written notice of such determination to the affected employee organizations.

(d)

The employee relations officer determination may be appealed. If a unit is modified, employee organizations may thereafter file petitions of recognition seeking to become the recognized employee organization for such new appropriate unit(s).

(Ord. 2260, 1/15/2025)

An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request are as specified for modification requests.

(Prior code § 2256; Ord. 1259 § 1, 1969; Ord. 2260, 1/15/2025)

§ 2.32.090 Determination of appropriate unit.

The policy objectives in determining the appropriateness of units regarding the effect of a proposed unit are:

Efficient operations of the city and its compatibility with the primary responsibility of the city and its employees to effectively and economically serve the public; and

Providing employees with effective representation based on recognized community of interest considerations.

These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered are:

Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.

History of representation in the city and in similar employment; except however, that no unit may be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.

(3)

Consistency with the organizational patterns of the city.

(4)

Number of employees and classifications, and the effect on the administration of employer-employee relations because of the fragmentation of classifications and/or proliferation of units.

(5)

Effect on the classification structure and impact on the stability of the employer-employee relationship because of dividing a single or related classification among two or more units.

Notwithstanding the foregoing provisions, managerial, supervisory, and confidential responsibilities, are determinative factors in establishing appropriate units hereunder. Therefore, such managerial, supervisory, and confidential employees may not represent any employee organization which represents other employees and may only be included in a unit consisting solely of managerial, supervisory, or confidential employees respectively.

(Prior code § 2258; Ord. 1259 § 1, 1969; Ord. 2260, 1/15/2025)

§ 2.32.100 Appeals.

An employee organization aggrieved by a determination of the employee relations officer that a recognition petition, challenging petition, decertification petition, determination of an appropriate unit, unit modification petition, or severance request was not filed in compliance with this chapter may, within ten calendar days of notice thereof, appeal such determination to the city manager for final decision.

Appeals to the city manager must be filed in writing with the city clerk and a copy be provided to the employee relations officer by the appellant. The written appeal must be received by the city clerk no later than ten calendar days after the employee relations officer sent a decision. An employee organization's appeal must state the complete basis for the appeal and be confined to a determination of whether or not the unit resulting from the employee relations officer's decision was appropriate. The city manager must issue a final written decision as to whether the employee relations officer's decision was appropriate. If the city manager finds the decision was not appropriate, the city manager will make the final decision.