HomeMy WebLinkAboutResolutions - No. 3344k
RESOLUTIOK KO. 3344
ADOPTING RULES AND REGULATIONS TO IMPLEMENT PROVISIOXS OF
THE EMPLOYER-EMPLOYEE RELATIONS RESOLUTION
WHEREAS, the City Council of the City of Lodi has adopted
Resolution No. 3312, dated October 15, 1969, entitled "IMPLEMENTING
MEYERS-MILIAS-BROWN ACT BY ESTABLISHING PROCEDURES FOR
ADMINISTRATION OF EMPLOYEX-EMPLOYEE RELATIONS BETWEEN
CITY AND ITS EMPLOYEE ORGANIZATIONS; AND FOR RESOLVING
MATTERS AFFECTING EJNIPLOY%1E:1T. " and it is necessary and de-
sirable that, pursuant to Section 16 of said Resolution, certain rules
and regulations be adopted in order to implement and carry out the
procedures set forth therein,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU,iCIL
OF THE CITY OF LODI that:
OUTLINE OF CONTENTS
Page
SECTION 1.
STATEMENT OF PURPOSE
1
SECTION 2.
DEFINITIONS
1
E
RESOLUTIOK KO. 3344
ADOPTING RULES AND REGULATIONS TO IMPLEMENT PROVISIOXS OF
THE EMPLOYER-EMPLOYEE RELATIONS RESOLUTION
WHEREAS, the City Council of the City of Lodi has adopted
Resolution No. 3312, dated October 15, 1969, entitled "IMPLEMENTING
MEYERS-MILIAS-BROWN ACT BY ESTABLISHING PROCEDURES FOR
ADMINISTRATION OF EMPLOYEX-EMPLOYEE RELATIONS BETWEEN
CITY AND ITS EMPLOYEE ORGANIZATIONS; AND FOR RESOLVING
MATTERS AFFECTING EJNIPLOY%1E:1T. " and it is necessary and de-
sirable that, pursuant to Section 16 of said Resolution, certain rules
and regulations be adopted in order to implement and carry out the
procedures set forth therein,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU,iCIL
OF THE CITY OF LODI that:
OUTLINE OF CONTENTS
Page
SECTION 1.
STATEMENT OF PURPOSE
1
SECTION 2.
DEFINITIONS
1
SECTION 3.
RULE
1 -
REPRESENTATION PROCEEDINGS
1
SECTION 4.
RULE
2 -
DUES CHECK -OFF
7
SECTION 5.
RULE
3
REASOSABLE TIME OFF TO MEET
AND CONFER
9
SECTION 6.
RULE
4
ACCESS TO WORK LOCATIONS
10
SECTION 7.
RULE
5
USE OF CITY FACILITIES
10
SECTION 8.
RULE
6 -
USE OF RULLETIN BOARDS
11
SECTION 9.
RULE
7
AVAILABILITY OF DATA
11
SECTION 10.
RULE
8
PEACEFUL PERFORMANCE OF
CITY SERVICES
12
' SECTION 1. STATEMENT OF PURPOSE
The purpose of these Rules and Regulations is, to implement
the Resolution hereinabove in the recital referred to (hereinafter re-
ferred to as "Resolution") and also Chapter 10, Division 4, Title 1 of
the Government Code of the State of California (Sections 3500 et seq. ).
SECTION 2. DEFINITIONS
(A) The terms used in these Rules and Regulations shall have the same
meaning as those defined in Section 3 of said Resolution.
(B) DAYS - means "calendar days" unless otherwise stated.
SECTION 3. RULE 1 - REPRESENTATION PROCEEDINGS
(A) FORMAL RECOGNITION AS THE MAJORITY REPRESENTATIVE
IN AN APPROPRIATE UNIT
(1) An employee organization that seeks formal recognition as
the majority representative in an appropriate unit shall file
a Petition for Recognition with the Municipal Employee
Relations Officer containing all of the information set forth
in Section 9 (a) of the Resolution, accompanied by written
proof that at least thirty percent (303jo) of the employees in
the unit claimed to be appropriate have designated the em-
ployee organization to represent them in their employment
relations with the City: provided, however. the employee
organization may request that such written proof be sub-
mitted to a mutually agreed upon disinterested third party.
Upon receipt of the Petition for Recognition. the Municipal
Employee Relations Officer shall determine whether:
(i) there has been compliance with the requirements of
the Petition for Recognition, and
(ii) the proposed unit is an appropriate unit.
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If an affirmative determination is made by the Municipal
Employee Relations Officer on the foregoing two matters,
he shall give notice of such request for formal recognition
to the employees in the unit and shall take no action on
said request for thirty (30) days thereafter; if either of the
foregoing matters are not affirmatively determined, the
Municipal Employee Relations Officer shall inform the
employee organization of the reasons therefor in writing.
(Z) Within thirty (30) days of the date notice to employees is
given, any other employee organization (hereinafter referred
to as the "challenging organization") may seek formal recog-
nition in an overlapping unit by filing a Petition for Recogni-
tion, provided however, such challenging organization must
submit written proof that it represents at least thirty percent
(307) of the employees in such unit. The Municipal Employee
Relations Officer shall hold a hearing on such overlapping
Petitions. at which time all aifected employee organizations
.94ali be Leard. Thereafter, the Municipal Employee Rela-
tions Oiiicer shall determine the appropriate unit or units
as between such proposed overlapping units in accordance
with the criteria set iarth in Section 10 of the Resolution.
(3) If the written proof submitted by the employee organization
in the unit found to be appropriate establishes that it repre-
sents more than fifty percent (50%) of the employees in such
unit, the Municipal Employee Relations Officer may, in his
discretion, grant formal recognition to such employee
organization without a secret ballot election.
(4) When an employee organization in the unit found to be
appropriate submits written proof that it represents at
least thirty percent (3076) of the employees in such unit,
and it does not qualify for or has not been granted recog-
nition pursuant to Sub -Section 3 above, the Municipal
Employee Relations Officer shall arrange for a secret
ballot election to be conducted by the City Clerk, the
California State Conciliation Service, the American Arbitra-
tion Association, or some agreed upon third party. All
challenging organizations who have submitted written proof
that they represent at least thirty percent (30%) of the em-
ployees in the unit found to be appropriate, and have sub-
mitted a Petition for Recognition as required by Section 9
of the Resolution, shall be included on the ballot. The
choice of "no organization" shall also be included on the
ballot. Employees entitled to vote in such election shall
be those persons regularly employed in permanent positions
within the unit who were employed during the pay period
inimediately- prior to the date which is fifteen (15) days
before the election, including those who did not work during
such period because of illness, vacation or authorized leaves
of absence and who are employed by the City in the same
unit on
the data
of the
election. An employee organization
shall be
granted
formal
recognition following an election or
run-ofi
election
if:
(1) that employee organization has received the vote of a
numerical majority of all the employees eligible to vote
in the unit in which the election is held (i. e. , 50% plus
1 of the votes of all eligible employees), or
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(ii) at least 60% of the total number of employees in the
unit eligible to vote have voted in the election or run-
off election, and an employee organization receives a
numerical majority of all votes cast in the election
(i.e., 50% of the votes cast plus 1).
(For example: If 100 employees are eligible to vote
in an election, but only 59 actually vote, an employee
organization must obtain 51 votes for formal recognition.
if 90 employees vote, an employee organization must
receive at least 46 votes for formal recognition.)
(iii)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 shall be conducted be-
tween 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.
{5) There shall be no more than one valid election in a,twelve
(12) month period within the same unit.
(B) DECERTIFICATION OF ESTABLISHED UNIT
(1) A Petition for Decertification alleging that an employee
organization granted formal recognition is no longer the
majority representative of the employees in an appropriate
unit may be filed with the Municipal Employee Relations
Officer only during the month of November of each year
following the first full year of formal recognition. The
Petition for Decertification may be filed by an employee,
a group of employees or their representative, or an
employee organization. The Petition, including all
accompanying documents, shall be verified, in affidavit
form, by the person signing it, that its contents are
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- true. It may be accompanied by a Petition for Recognition
by a challenging organization. The Petition for Decertifica-
tion shall contain the following information:
(i) The name, address and telephone number of the petitioner
and a designated representative authorized to receive
notices or requests for further information.
(ii) The name of the formally recognized employee organization.
(iii)An allegation that the formally recognized employee organi-
zation no longer represents a majority of the appropriate
unit, and any other relevant and material facts.
(iv) Written proof that at least thirty percent (30%) of the
employees in the unit do not desire to be represented
by the iormally recognized employee organization. Such
written proof shall be dated within six (6) months of the
date upon which the petition is filed and shall be sub-
mitted for confirmation to the Municipal Employee Rela-
tions Officer or to a mutually agreed upon disinterested
third party.
(2) The Municipal Employee Relations Officer shall arrange
for a secret ballot election to determine if the iormally
recognized employee organization shall retain its recog-
nition rights. The formally recognized employee organi-
zation shall be decertified if a majority of those casting
valid ballots vote for decertification.
(3) There shall be no more than one valid decertification
election in the same unit in any twelve (12) month period.
(C) MODIFICATION OF ESTABLISHED UNIT
A Petition for Modification of an established unit may be
filed by an employee organization with the Municipal Employee
5-
Relations Officer during the period for filing a Petition for
Decertification. The Petition for Modification shall contain
all of the information set forth in Section 9 (A) of the
Resolution, along with a statement of all relevant facts
in support of the proposed modified unit. The Petition shall
be accompanied by written proof that at least fifty percent
(5017o) of the employees within the proposed modified unit have
designated the employee organization to represent them in
their employment relations with the City; provided however,
the employee organization may request that such written proof
be submitted to a mutually agreed upon disinterested third
party. The Municipal Employee Relations Officer shall hold
a hearing on the Petition for Modification, at which time all
affected employee organizations shall be heard. Thereafter,
the Municipal Employee Relations Officer shall determine the
appropriate unit or units as between the existing unit and the
proposed modified unit. if the Municipal Employee Relations
Officer determines that the proposed modified unit is the
appropriate unit, then he shall follow the procedures set
forth in Section 3 (A) Lor determining formal recognition
rights in such unit.
(D) DURATION OF FORMAL RECOGNITION
When an employee organization has been formally recognized,
such recognition shall remain in effect for one year from the
date thereof and thereafter until such time as the Municipal
Employee Relations Officer shall determine, on the basis of
a secret ballot election conducted in accordance with the
foregoing rules, that the formally recognized employee
organization no longer represents a majority of the employees
in the appropriate unit or until such time as the unit may be
6-
x modified as provided in Sub -Section (C).
(E) COST OF ELECTION PROCEEDINGS
The cost of any election proceeding shall be borne by the
challenging organization or organizations whose name(;)
appear on the ballot.
(F) IMPASSES IN REPRESENTATION PROCEEDINGS
Any unresolved complaint by an affected employee organization,
advanced in good faith, concerning a decision of the Municipal
Employee Relations Officer made pursuant to Sub -Sections (A),
(B), (C), or (D) above shall be processed in accordance with
the procedures set forth in Section 13 of the Resolution.
SECTION 4. RULE 2 - DUES CHECK OFF
Only a formally recognized employee organization (i.e. the
majority representatives of employees in an appropriate unit) may be
granted permission by the Municipal Employee Relations Officer to have
the regular dues of its members deducted from their paychecks in
accordance with procedures prescribed by the Municipal Employee Rela-
tions Officer.
Dues deduction shall be for a specified amount and shall be
made only upon the voluntary written authorization of the member. Dues
deduction authorization may be cancelled and the dues check -off payroll
discontinued at any time by the member upon voluntary written notice to
the Municipal Employee Relations Officer. Dues deduction authorization
or cancellation shall be made upon cards provided by the Municipal
Employee Relations Officer. Employee payroll deduction authorizations
shall be in uniform amounts for dues deductions or percentage formulas
as may be submitted by the employee organization and approved by the
Municipal Employee Relations Officer. Any change in the specified
amount of dues deduction or percentage formula shall require the execution
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by each member of a new authorization card.
The employee's earnings must be regularly sufficient after
other legal and required deductions are made to cover the amount of the
dues check -off authorized. When a member in good standing of the
formally recognized employee organization is in a nonpay status for an
entire pay period, no dues withholding will be made to cover that pay
period from future earnings nor will the member deposit the amount
with the City which would have been withheld if the member had been
in a pay status during that period. In the case of an employee who is
in a nonpay status during only a part of the pay period, and the salary
is not sufficient to cover the full withholding, no deduction shall be made.
In this connection, all other legal and required deductions have priority
over employee organization dues.
Dues withheld by the City shall be transmitted to the officer
designated in writing by the employee organization as the person authorized
to receive such funds, at the address specified.
All employee organizations who receive dues check -off shall
indemnify, defend, and hold the City of Lodi harmless against any claims
made and against any suit instituted against the City of Lodi on account
of check -off of employee organization dues. In addition all such employee
organizations shall refund to the City of Lodi any amounts paid to it in
error upon presentation of supporting evidence.
SAMPLE DUES AUTHORIZATION CARD
I hereby authorize and direct the Municipal Employee Rela-
tions Officer of the City of Lodi to make a payroll deduction from my
earnings. once each month, for my formally recognized employee
organization dues in the amount of $ , the same to be paid to
the (name of formally recognized employee organization). This authari
zation may be cancelled and the payroll deduction discontinued at any
time upon written notice to the Municipal Employee Relations Officer.
First deduction to be made on the payroll for the payroll
period ending (date) and to continue until further notice.
Effective Date Signature of Employee
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Withdrawal of formal recognition of an employee organization
as representing an appropriate unit shall constitute the termination of
any and all dues deduction agreements as concerns said unit.
This section does not extend to the deduction of monies for
the payment of any initiation fees which may be levied by employee
organizations.
SECTION 5. RULE 3 - REASONABLE TIME OFF TO MEET AND CONFER
The formally recognized employee organization may select no
more than two (2) employee members of such organization to attend
scheduled meetings with the Municipal Employee Relations Officer or other
management officials on subjects within the scope of representation during
regular work hours without loss of compensation. Where circumstances
warrant, the Municipal Employee Relations Officer may approve the
attendance at such meetings of additional employee representatives with
or without loss of compensation. The employee Organization shall. when-
ever practicable, submit the names of all such employee representatives
to the Municipal Employee Relations Officer at least two (2) working days
in advance of such meetings. Provided, further:
(1) that no employee representative shall leave his or her
duty or work station or assignment without specific
approval of the department head or other authorized
City management official.
(2) that any such meeting is subject to scheduling by City
management in a manner consistent with operating
needs and work schedules.
Nothing provided herein, however, shall limit or restrict
City management from scheduling such meetings before or after regular
duty or work hours under appropriate circumstances.
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- SECTION 6. RULE 4 - ACCESS TO WORK LOCATIONS
Reasonable access to employee work locations shall be granted
officers of recognized employee organizations and their officially designated
representatives, for the purpose of processing grievances or contacting
members of the organization concerning business within the scope of
representation. Such officers or representatives shall not enter any work
location without the consent of the Department Head or the Municipal
Employee Relations Oificer. Access shall be restricted sc as not to
interfere with the normal operations of the department or with established
safety or security requirements.
Solicitation of membership and activities concerned with the
internal management of an employee organization, such as collecting dues,
holding membership meetings, campaigning for office, conducting elections
and distributing literature, will not be permitted during working hours.
Nothing in this section shall be construed to prohibit represen-
tatives of employee organizations from leaving with the Municipal Employee
Relations Officer material appropriate to the organization £or distribution
to members of said organization during nonwork hours.
SECTION 7. RULE 5 - USE OF CITY FACILITIES
Employee organizations may, with the prior approval of the
Municipal Employee Relations Officer, be granted the use of City facilities
during non -work hours for meetings of City employees provided space is
available, and provided further such meetings are not used for organiza-
tional activities or membership drives of City employees. All such
requests shall be presented to the MERO as soon as possible, but in
no event less than twenty-four (24) hours prior to such meeting. The
MERO shall be advised of the purpose or purposes of the meeting. The
City reserves the right to assess reasonable charges for the use of such
facilities.
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The use of City equipment other than items normally used in
the conduct of business meetings, such as desks, chairs, ashtrays, and
blackboards, is strictly prohibited, the presence of such equipment in
approved City facilities notwithstanding.
SECTION 8. RULE 6 - USE OF BULLETIN BOARDS
Recognized employee organizations may use portions of City
bulletin boards under the following conditions:
1. Material shall be posted on space as designated;
2. Posted material shall bear the identity of the organization.
3. Posted material shall not be misleading, contain any
deliberate misstatements or violate any Federal, State
or City Laws:
4. Material shall be neatly displayed and shall be removed
when no longer timely;
5. The City reserves the right to determine where bulletin
boards shall be placed and what portion of them are to
be allocated to employee organizations' materials;
6. An employee organization that does not abide by these
rules will forfeit its right to have materials posted on
City bulletin boards.
SECTION 9. RULE 7 - AVAILABILITY OF DATA
The City will make available to employee organizations such
non -confidential information pertaining to employment relations as is
contained in the public records of the agency, subject to the limitations
and conditions set forth in this rule and Sections 6250-6260, Government
Code of California.
Such information shall be made available during regular office
hours in accordance with the City's rules and procedures for making
public records available and after payment of reasonable costs, where
applicable.
Information which shall be made available to employee
organizations includes regularly published data covering subjects under
discussion. Data collected on a promise to keep its source confidential
may be made available in statistical summaries, but shall not be made
available in such form as to disclose the source.
Nothing in this rule shall be construed to require disclosure
of records that are:
(1) Personnel, medical and similar files, the disclosure of
which would constitute an unwarranted invasion of per-
sonal privacy or be contrary to merit system principles;
(2) Working papers or memoranda which are not retained in
the ordinary course of business or any records where the
public interest served by not making the record available
clearly outweighs the public interest served by disclosure
of the record;
(3) Records pertaining to pending or prospective litigations to
which the City is a party, or to claims or appeals which
have not been settled:
(4) Nothing in this rule shall be construed as requiring the
City to do research for an inquirer or to do programming
or assemble data in a manner other than usually done by
the agency.
SECTION 10. RULE B - PEACEFUL PERFORMANCE OF CITY SERVICES
Participation by any employee in a strike or work stoppage is
unlawful and shall subject the employee to disciplinary action up to and
including discharge.
-1Z-
No employee organization, its representatives, or members
shall engage in, cause, instigate. encourage, or condone a strike or
work stoppage of any kind.
If a recognized employee organization, its representatives, or
members engage in, cause, instigate, encourage, or condone a strike or
a work stoppage of any kind, in addition to any other lawful remedies or
disciplinary actions, the Municipal Employee Relations Officer may suspend
or revoke the recognition granted to such employee organization, may
suspend or cancel any or all payroll deductions payable to such organization,
and prohibit the use of bulletin boards, prohibit the use of City facilities,
and prohibit access to former work or duty stations by such organization.
As used in this section "strike or work stoppage" means the
concerted failure to report for duty, the willful absence from one's position,
the stoppage of work, or the abstinence in whole or in part from the full
faithful performance of the duties of employment for the purpose of induc-
ing, influencing, or coercing a change in the conditions of compensation,
or the rights, privileges or obligations of employment.
Any decision of the Municipal Employee Relations Officer made
under the provisions of this Section may be appealed to the City Council
by filing a written Notice of Appeal with the Municipal Employee Relations
Officer or the City Clerk, accompanied by a complete statement setting
forth all of the grounds upon which the appeal is based. Such Notice of
Appeal must be filed within seven (7) days after the affected employee
organization first receives notice of the decision upon which its complaint
is based, or its complaint will be considered closed and not subject to
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any other appeal.
Dated: January 21, 1970.
I hereby certify that Resolution No. 3344 was passed
and adopted by the City Council of the City of Lodi
in regular meeting held January 21, 1970. by the
following vote:
Ayes: Councilmen - BROWN, CULBERTSON, HUNNELL,
SCHAFFER and KIRSTEN
Noes: Councilmen - None
Absent: Councilmen - None
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