The ordinance codified in this chapter implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Section 3500 et seq.) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the city and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, city ordinances, resolutions and rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employer-employee relations. This chapter is intended, instead, to strengthen the city's personnel system and other rules and procedures of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the city.
It is the purpose of this chapter to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law. However, nothing herein shall be construed to restrict any legal or inherent exclusive city rights with respect to matters of general legislative or managerial policy, which include among others:
A. 
The exclusive right to determine the mission of its constituent departments, commissions, and boards;
B. 
To set standards of service;
C. 
To determine the procedures and standards of selection for employment;
D. 
To direct, discipline and discharge its employees in accordance with law and existing ordinances, rules and regulations;
E. 
To relieve its employees from duty because of lack of work or for other lawful reasons;
F. 
To determine the content of job classifications;
G. 
To determine the methods, means, number and kind of personnel by which its operations are to be conducted, including the performance thereof by subcontract;
H. 
To administer the city's personnel system;
I. 
To maintain the efficiency of governmental operations;
J. 
To take all necessary actions to carry out its mission in emergencies;
K. 
To exercise complete control and discretion over its organization and the technology of performing its work;
L. 
To determine methods of financing.
In the event that the exercise of one or more of these rights results in an impact on wages, hours or other terms and conditions of employment, as defined in California Government Code Section 3505, the city shall meet and confer with the recognized employee organization(s).
Consistent with California Government Code Section 3500 et seq. and the provisions of this chapter, employees shall have the right to form, join and participate in the activities of a recognized employee organization, free from interference and discrimination, for the purpose of representation on all matters of employer-employee relations.
(Ord. 1168 § 2, 2000; Ord. 13-1366 § 2, 2013)
As used in this chapter, the following terms shall have the meanings indicated:
A. 
"Appropriate unit" and "bargaining unit"
means a unit of employee classes or positions, established pursuant to Article II of this chapter, commencing with PMC § 2.53.030.
B. 
"City"
means the city of Pittsburg, and, where appropriate herein, refers to the city council or any duly authorized city representative as herein defined.
C. 
"Confidential employee"
means an employee who, in the course of his or her duties, has access to confidential information relating to the city's administration of employer-employee relations.
D. 
"Consult/consultation in good faith"
means to communicate orally or in writing with any or all employee organizations, whether exclusively recognized or not, for the purpose of presenting and obtaining views or advising of intended actions.
E. 
"Day"
means calendar day unless expressly stated otherwise.
F. 
"Employee relations officer"
means the city manager or his/her duly authorized representative.
G. 
"Impasse"
means that the representatives of the city and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a memorandum of understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.
H. 
"Management employee"
means a regular status employee having responsibility for formulating, administering or managing the implementation of city policies and programs.
I. 
"Proof of employee support"
means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within 180 days prior to the filing of a petition.
J. 
"Exclusively recognized employee organization"
means an employee organization which has been formally acknowledged by the city as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II of this chapter, commencing with PMC § 2.53.030, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.
K. 
"Supervisory employee"
means any regular employee having authority, in the interest of the city, to perform any or all of the following: to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline (with just cause) other employees, or responsibly to direct them, or to adjust their grievances, or effectively to 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 judgement.
L. 
"Employee"
means any person employed by the city whose appointment to city service was made from a certified eligibility list, following completion of a competitive recruitment process, and is considered for purposes of the Pittsburg Municipal Code to be a regular employee. Excluded are those persons elected by popular vote, hourly, seasonal, contract and all others considered to be nonregular employees as defined under PMC § 2.52.040.
(Ord. 1168 § 2, 2000; Ord. 13-1366 § 2, 2013)