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HomeMy WebLinkAboutOrd 647-1973ORDINANCE NO. 61~7 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ESTABLISHING A PROCEDURE FOR THE FORMATION OF~ RECOGNITION OF, AND COMMUNICATION WITH EMPLOYEE ORGANIZATIONS. WHEREAS, Chapter 10, Division 4, Title 1 of the Government Code (Government Code Section 3500 et. seq.) of the State of California was amended effective January 1, 1969~ for the purpose of promoting improved employer-employee relations between public employers and their employees by establishing uniform and orderly methods of com- munication between employees and the public agencies by which they are employed; and WHEREAS, Government Code Section 3507 empowers a City to adopt reasonable rules and regulations after consultation in good faith with representatives of its employee organizations for the administra- tion of employer-employee relations; and WHEREAS, the City of South San Francisco desires to adopt such reasonable rules and regulations as authorized by law. NOW, THEREFORE, THE PEOPLE OF THE CITY OF SOUTH SAN FRANCISCO DO ENACT AS FOLLOWS: Section 1. Title of Ordinance This Ordinance shall be known as the Employer-Employee Relations Ordinance of the City of South San Francisco. Section 2. Statement of Purpose 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 dis- putes regarding wages, hours, and other terms and conditions of employ- ment. Section 3. Section 2.90 is hereby added to the South San Francisco City Code to read and provide as follows: Section 2.90 Definitions As used in this Division and the Rules and RegulatiOns adopted pursuant to Ordinance 449 (as amended) of the City of South San Francisco, the following terms shall have the meanings indicated: A. APPROPRIATE UNIT - A unit established pursuant to Section 2.101 of this Division. B. BOARD - The Personnel Board of the City of South San Francisco. C. CITY - The City of South San Francisco. "City" refers to the City Council. Where appropriate D. DAY - Calendar day, unless otherwise stated. -1- E. DETERMINING BODY OR OFFICIAL - The body or official with final authority to make a decision on matters under discussion within the scope of representation. F. EMPLOYEE - Any person employed by the City except those persons elected by popular vote. (1) Confidential - An employee who is apprized of information leading to decisions of the City management affecting employee relations. (2) Management - (a) 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; and (b) Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay off, recall, promote, discharge, reward or discipline other employees, or having the responsibility to direct them, or to adjust their grievances. (3) Peace Officer - As defined by Chapter 4~5, Part 2, California Penal Code, Sections 830 et. seq. (4) Professional - 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. (5) Regular - An employee who is appointed to a full-time perma- nent position. G. EMPLOYEE ORGANIZATION - Any organization which includes employees of the City of South San Francisco and which has as one of its primary purposes representing City employees in their employment relations with the City of South San Francisco. (1) Recognized Employee Organization - An employee organization which has been formally acknowledged by the City Council as an employee organization that represents employees of an appropriate unit as desig- nated by the City Council. (2) Majority Representative - An employee organization that has been recognized by Municipal Employee Relations Officer as representing the majority of employees in an appropriate unit. H. FACT FINDING - Identifying issues in a particular dispute; re- viewing the positions of the parties; investigating and reporting the facts by one or more impartial fact-finders; and, when directed by the Municipal Employee Relations Officer, making recommendations for settle- ment. I. GRIEVANCE - A dispute concerning (a) the interpretation or. application of departmental rules and regulations, governing personnel practices or working conditions or (b) the effect of departmental prac' rices on employee relations matters. The term ,grievance" shall not include disputes over the substantive terms of a memorandum of under- standing. J. IMPASSE - 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. K. JOINT COUNCIL - Two or more recognized employee organizations which have joined together for the purpose of seeking recognition. -2- L. MANAGEMENT REPRESENTATIVE - A person designated by a deter- mining body or official, to carry out the responsibilities specified for a management representative under this Division or his duly authorized representative. M. MEDIATION - Efforts by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and con- ditions of employment between City management representatives and representatives of recognized employee organizations through interpre- tation, suggestion and advice. N. MEET AND CONFER - The mutual obligation of the City's manage- ment representatives and representatives of recognized employee organiza- tions 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. O. MEMORA_NDUM OF UNDERSTANDING - 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. P. MUNICIPAL EMPLOYEE RELATIONS OFFICER - The City Manager or his duly authorized representative, as d&fined in Section ~93. Q. ORDINANCE - Unless context indicates otherwise, the Employer- Employee Relations Ordinance of the City of South San Francisco. R. RECOGNITION - Formal recognition of an employee organization by the City Council pursuant to Section 2.104 of this Division. S. SCOPE OF REPRESENTATION - 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. T. SOUTH SAN FRANCISCO CITY CODE - City Ordinance 4q9, as amended. Section 4. Section 2.91 is hereby added to the South San Francisco City Code to read and provide as follows: Section 2.91 Employee Rights Employees of the City shall have the right to form, join and parti- cipate 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, intimi- dated, restrained, coerced or discriminated against by the City or by any employee organization because of his or her excercise of these rights. Section 5. Section 2.92 is hereby added to the South San Francisco City Code to read and provide as follows: · Section 2.92 City Rights The City reserves all rights of management not legally granted to employees by agreement or ordinance. Section 6. Section 2.93 is hereby added to the South San Francisco City Code to read and provide as follows: Section 2.93 Municipal Employee Relations Officer - City Manaser Designated -3- The City ManageP shall be the Municipal Employee Relations OfficeP. The Municipal Employee Relations Officem om his appointed mepmesentative shall act as the City's principal mepresentative in all matters of employem-employee melations with authomity to meet and confem on mat- terns within the scope of mepmesentation including wages, hours and other temms and conditions of employment. Section 7. Section 2.94 is hemeby added to the South San Fmancisco City Code to mead and pmovide as follows: Section 2.94 Membems, Meetings Personnel Board Established, Qualifications of, Establishment and General Functions Boamd members shall be appointed as stated in Section 4 of Ordi- nance 449 (as amended) of the City of South San Fmancisco. The Boamd shall meet megulamly as provided in Section 5 of Omdinance 449 (as amended) of the City of South San Fmancisco. Section 8. Section 2.95 is hemeby added to the South San Fmancisco City Code to read and pmovide as follows: Section 2.95 Same, Powers and Duties The Boamd shall: (1) Consult with the City Managem at his mequest on genemal mattems of employem-employee melations. (2) Supemvise elections involving mepPesentatlon om the withdmawal of mepmesentation unde~ the general dimection of the City Managem. (3) Heam disputes maised by an employee om o~ganized employee o~ganization amising undem this omdinance om concerning issues of recognition which have not been mesolved by the Municipal Employee Relations Officer. (4) Aftem notice and heaming, submit mecommended ~ules and pro- cedures not inconsistent with the provisions of City omdinances to the City Managem which, in the op. inion of the Boamd, amc necessamy and pmopem to implement the pmovzsions of this Division. Section 9. Section 2.96 is hemeby added to the South San Fmancisco City Code to mead and pmovide as follows: Section 2.96 Unit Detemmination, Cmitemia fora Establishing Employee Representation Units. The Municipal Employee Relations OfficeP shall considem the fol- lowing and other melevant factoms in detemmining the appropmiateness of mepmesentation units: (1) The community interest of employees. (2) The histomy of employee mepmesentation in the unit~ among other employees of the City and in simila~ employment. (3) The effect of the unit on the efficient opemation of the City and sound employee relations. (4) The extent to which employees have similam skills, womking conditions, job duties om educational mequimements. (5) The effect upon the City's classification structume of dividing a single classification among two om mome units. (6) Legal rights of pmofessional and law enforcement employees to omganize separately and be mepmesented sepamately. (7) Sepamate units of management om confidential employees shall be limited to employees in those categomies. (8) Management and confidential employees as defined in Section 290 G of this Division shall be designated by the Municipal Employee Relations Officem and set fomth as an attachment to the Rules and Re gulations. 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. (9) Units shall not be established solely on the basis of the extent of an Q~ganization's effort or ability to secure employees' authorizations. Section 10. Section 2.97 is hereby added to the South San Francisco City Code to read and provide as follows: Section 2.97 Consultation with Affected Employee Organizations by Municipal Employee Relations Officer. The Municipal Employee Relations Officer shall notify all affected employee organizations of his determination of employee units by unit and job classification title. Section 11. Section 2.98 is hereby added to the South San Francisco City Code to read and provide as follows: Section 2.98 Employee Organization, Consultation 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. Section 12. Section 2.99 is hereby added to the South San FrancisCo City COde to read and provide as follows: Section 2.99 Modification of Units by Employee Relations Officer 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. Section 13. Section 2.100 is hereby added to the South San Francisco City Code to read and provide as follows: Section 2.100 Transmittal of Units determined by Municipal Employee Relations Officer to City Council 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. Section 14. Section 2.101 is hereby added to the South San Francisco City Code to read and provide as follows: Section 2.101 Unit Determination, formal and final action .by City Council 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. Section 15. Section 2.102 is hereby added to the South San Francisco City Code to read and provide as follows: Section 2.102 Recognition, Notice of and Statements necessary An employee organization or joint council or organizations desiring formal acknowledgement as the recognized employee organization of a pro- -5- posed representation unit, shall file with the Municipal Employee Relations Officer a petition in a form prescribed by the said of- ficer containing the information specified below. Within two (2) 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 30% of the regular employees of an appropriate unit designating the organization as their representa- tive organization. The petition shall also contain a request .that the organization be formally recognized. Section 16. Section 2.103 is hereby added to the South San Fran- cisco City Code to read and provide as follows: Section 2.103 Same, Processing Requests 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 2.102. The Muni- cipal Employee Rel~ions Officer shall consider the views of all con- cerned 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 representa- tion 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 representa- tion of the unit and the-City Manager agree that an election is not re- quired. Before the City formallyrecognizes an employee organization, all affected employee organizations will be given 10 days notice of the intent to grant recognition. C. If anelection 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 in- cluded 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 elec- tion if they were employed during the specified period of time imme- diately 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 rUn-off election if such organization has received the vote of a numerical ma- jority.of the employees voting in the unit i~ which the election is held (i.e., fifty (50%) per cent plus one (1) of the votes of all' employees voting) provided that at least sixty (60%) per cent of the eligible employees vote. A majority vote of all employees of the unit eligible to vote shall be reqmired in order for the organization to be recognized ' as the recognized employee organization. F. Within thirty (30) days from the date of an election at which no employee organization obtains a majority in accordance with paragraph E above, a rUn-off election, shall be conducted between the two choices re- -6- ceiving the largest number of votes. G. No petition for recognition shall be filed or received by the City until one (1) year has elapsed from the date of the election where no majority employee organization was selected as the majority representa- tive for the representation unit involved. Section 17. Section 2.104 is hereby added to the South San Fran- cisco City Code to read and provide as follows: Section 2.104 Same, Notification of Election Results The City Clerk or other agency conducting the election shall report the election results to the Board and the other affected employee or- ganizations and departments. The Board will also submit its recommenda- tion and that of the Municipal Employee Relations Officer to the City Council which will then make a final determination with respect to grant- ing or denying recognition. Section 18. Section 2.105 is hereby added to the South San Fran- cisco City Code to read and provide as follows: Section 2.105 Same, Duration 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 recog- nition is withdrawn as provided in Section 2.106., Section 19. Section 2.106 is hereby added to the South San Fran- cisco City Code to read and provide as follows: Section 2.106 Same, Withdrawal of 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 em- ployees or their representatives, an employee organization or by manage- ment in accordance with the procedures set forth in this Division for recognition and the rules and regulations of the City. Section 20. Section 2.107 is hereby added to the South San Fran- cisco City Code to read and provide as follows: Section 2.107 Number of Employee Organizations'representing single employee No employee may be represented by more than one recognized employee organization for the purposes of this Division. Section 21. Section 2.108 is hereby added to the South San Fran- cisco City Code to read and provide as follows: .. Section 2.108 Communicating with Employee Organizations 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 subsection S. Section 2.90. 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 re- lations pursuant to this Division, Rules of the Personnel Board and pro-. posed amendments thereto are excluded from the scope of meeting and con- ferring but are subject to consultation as defined in Section 2.109. -7- Requests to meet and confeP on mattePs Pequiring major budgetary financing shall be submitted to the Municipal Employee Relations Officer in time fop adequate discussion, consideration and action in connection with the budget, or within the time set by the Rules and Regulations relating to this Division. Meetings on thoSe matters which affect employees generally may be held jointly, with representatives of other recognized employee organi-' zations. Section 22. Section 2.109 is hereby added to the South San Francisco City Code to read and provide as follows:' Section 2.109 Consultation~ Scope The scope of consultation between management representatives and representatives of employee organizations includes any item considered within the scope of representation. Every reasonable effort shall be made to have such consultation prior to basic changes in any rule or procedure affecting employee~ re lations. . Requests for consultation shall be directed to the Municipal Employee Relations Officer or his duly authorized representative. Section 23. Section 2.110 is hereby added to the South San Fran- cisco City Code to read and provide as follows: Section 2.110 Same - Referral of Requests 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 fop review and processing pursuant to the provisions of this Division. Section 24. Section 2.111 is hereby added to the'South San Francisco City Code to read and provide as follows: Section 2.111 Proposed Changes by City, Notice to Employee Organization Except in cases of emergency as hereafter provided~ a determining body or official shall give reasonable written notice to each recognized employee organization affected by any proposed ordinance, Pule, resolu- tion 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 gonsult with the determining body or official before the proposed ordinance; rule, resolution or regulation is adopted. In cases of emergency when an ordinance, rule, resolution or regu- lation 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. Section 25. Section 2.112 is hereby added to the South San Francisco City Code to read and provide as follows: Section 2.112 Employee Grievances Grievances shall be processed in accordance with Ordinance 449 (as amended), Rules and Regulations adopted pursuant thereto, and related statutes of the State of California. -8- Section 26. Section 2.113 is hereby added to the South San Fran- cisco City Code to read and provide as follows: Section 2.113 Memorandum of Understanding When the meeting and conferring process is concluded between the City and a recognized employee organization a jointly written memo- randum of understanding shall be prepared for signature by the duly authorized City and employee representatives. The memorandum of understanding shall be submitted to the City Council for determination and is not effective or binding until adopted by the Council. Section 27. Section 2.114 is hereby added to the South San Fran- cisco City' Code to read and provide as follows: Section 2.114 Employer-Employee Relations, Rules and Regulations The City Council may adopt such Rules and Regulations necessary or convenient to implement the provisions of this Division and Chapter 10 Division 4 Title 1, of the Government Code of the State of California (Sections 3500, et seq.). Section 28~ Section 2.115 is hereby added to the South San Fran- cisco City Code to read and provide as follows: Section 2.115 Applicability This Division shall apply to all departments under the budgetary control of the city council. section 29. section 2.116 is hereby added to the South San Fran- cisco City Code to read and provide as follows: Section 2.116 Construction The enactment of this Ordinance shall not subject the City or its employees to the provisions of Section 923 of the California Labor Code. The provisions of this Ordinance 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.. Section 30. Separability If any provision of this Ordinance is held invalid or unconstitu- tional by the decision of any court of competent jurisdiction, such de- cision shall not affect the validity of the remainder of this Ordinance. The Council of this City hereby declares that it would have adopted this Ordinance and each provision thereof irrespective of the fact that' any one or more provisions be declared invalid or unconstitutional. Section 31. This ordinance shall be in full force and effect from and after its adoption and publication or as soon thereafter as all pre~ cedents of law have.been satisfied. IN COUNCIL DULY PASSED this 19th day of ''March · 1975 - 9- Introduced this 20th day of February, 1973. Passed and adopted as an Ordinance of the City of South San' Francisco at a regular meeting of the City Council of the City of South San Francisco this 19th day of Hatch, 1973, by the following vote: AYES, COUNCILMEN Patrlck E. Ahem, Willlam A. Borba, NOES, " ABSENT, " F. Frank Mammlni and Warren Stelnkamp None None ATTEST'/ -- Cli'y Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this ~9th day of March 19 75 May~r -I0-