CC RES 2018-023 RESOLUTION NO. 2018-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, ADOPTING A
COMPREHENSIVE POLICY PERTAINING TO
COMMUNICATIONS AND RELATIONS BETWEEN THE CITY
OF RANCHO PALOS VERDES AND ITS EMPLOYEES
WHEREAS, Chapter 10, Division 4, Title 1 of the Government Code of the State
of California (Section 3500 et seq.) was enacted for the purpose of promoting full
communication and improved employer-employee relations between public employers
and their employees by establishing uniform and orderly methods of communication
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 for the administration of employer-employee relations after
consultation in good faith with representatives of its employee organizations regarding
such proposed rules and regulations; and,
WHEREAS, there is a need to clarify and establish policies and procedures to
determine Appropriate Employee Units, to recognize Employee Organizations as
representatives of the employees in an employee unit, and to provide for changes thereof;
and,
WHEREAS, from time to time, the City or an Employee Organization may desire
to add classes or to delete classes from a recognized unit; and,
WHEREAS, the City has recognized the Rancho Palos Verdes Employees
Association (RPVEA) as the authorized representative for the Competitive Unit which is
comprised of non-management, full-time employees; and,
WHEREAS, the City may be requested to recognize other Employee
Organizations to represent employees in the aforementioned employee unit in their
employer-employee relations with the City; and,
WHEREAS, the Municipal Employee Relations Representative of the City of
Rancho Palos Verdes ("City"), as defined herein below, has met and conferred in good
faith with the employee representatives of the City's Recognized Employee Organization,
as hereinafter defined, regarding the preparation of reasonable rules and regulations for
the administration of employer-employee relations in the form of a new and complete
Employer-Employee Relations Resolution; and,
WHEREAS, the City Council believes that it is in the best interests of the City and
its employees to adopt a comprehensive and complete Employer-Employee Relations
Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
1. Pursuant to Government Code Section 3500, et seq., the City Council
hereby adopts a policy, as set forth in Exhibit "A" attached hereto and incorporated by
reference, which will provide orderly procedures for the administration of employer-
employee relations between the City and its employee organizations.
2. This resolution shall take effect immediately upon adoption.
PASSED, APPROVED, AND ADOPTED this 17th day of April 2018.
Mayor
ATTEST:
• Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that
the above Resolution No. 2018-23, was duly and re9ti - ly passed and adopted by the
said City Council at a regular meeting thereof held on\Apr 17, 2018.
NAN]
City Clerk
Resolution No.2018-23
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ARTICLE I. GENERAL PROVISIONS
Section 1. Title of the Resolution
This Resolution shall be known as the Employer-Employee Relations Resolution
of the City of Rancho Palos Verdes.
Section 2. Statement of Purpose
2.1 This Resolution is adopted as authorized under Chapter 10, Division 4,
Title 1 of the California Government Code (Sections 3500 et seq.), entitled the Meyers-
Milias-Brown Act ("MMBA"), to provide reasonable, uniform and orderly procedures for
the administration of employer-employee relations between the City and its employees,
procedures for the recognition and/or decertification of employee organizations,
procedures for determining appropriate units of representation and/or modifying such
units, and a reasonable, uniform and orderly method for the resolution of questions
regarding wages, hours, and other terms and conditions of employment of City
employees. This Resolution rescinds and supersedes all previous resolutions pertaining
to employer/employee relations, with the exception of any duly adopted Personnel Rules,
Memorandum of Understanding, Tentative Agreements, and Side Letter Agreements.
Section 3. Definitions
Except as otherwise specifically provided below, the terms used in this Resolution
shall be defined in the same way as such terms are defined in the MMBA. In addition,
the following definitions are adopted for terms used in this Resolution.
3.1 "Appropriate unit" or "Employee unit of representation" means a unit of
employee classes or positions, established pursuant to Article II hereof.
3.2 "City" shall mean the City of Rancho Palos Verdes, a general law city and
municipal corporation, and where appropriate herein, "City" also refers to the City Council,
the governing body of said City, or any duly authorized representative of the City of
Rancho Palos Verdes.
3.3 "Confer in good faith": See "Meet and Confer in Good Faith."
3.4 "Confidential Employee" means any employee who is required to develop
or present management positions with respect to meeting and conferring or whose duties
normally require access to confidential information which contributes significantly to the
development of those management positions.
3.5 "Consult in Good Faith" or "meet and consult in good faith" means to
communicate in writing or, if requested by the employee organization within the time limits
set by the Municipal Employee Relations Representative (also referred to as "MERR"),
orally, for the purpose of presenting and obtaining views and advising of intended actions
in a good faith effort to reach a consensus; and, as distinguished from meeting and
conferring in good faith regarding matters within the required scope of the meet and confer
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process, does not involve an exchange of proposals and counterproposals in an endeavor
to reach agreement in the form of a memorandum of understanding, nor is it subject to
Article IV hereof.
3.6 "Days" means calendar days unless otherwise stated.
3.7 "Employee" means any person employed by the City in a position approved
in the City's allocated positions and compensation plan, as approved by the City Council,
except in a position designated in that plan as temporary or part-time.
3.8 "Employee Organization" or "Recognized Employee Organization" means
any employee organization formally acknowledged by the City as an employee
organization that represents the City's employees.
3.9 "Employee Representative" means the authorized representative of a
Recognized Employee Organization or an Exclusively Recognized Employee
Organization.
3.10 "Employee unit of representation" or "appropriate unit" means a unit of
employee classes or positions, established pursuant to Article II hereof.
3.11 "Employer-employee relations" means the relationship between the City
and its employees and their employee organization(s), or when used in a general sense,
the relationship between City management and individual employees or employee
organization(s).
3.12 "Exclusive Recognized Employee Organization" means a sole employee
organization certified as the representative of all employees in a unit or units, whether or
not those employees are its members, and having the exclusive right and duty to meet
and confer in good faith on behalf of said employees concerning statutorily required
subjects pertaining to unit employees and thereby assuming the corresponding obligation
of fairly representing said employees. An Exclusively Recognized Employee
Organization may not be challenged by another employee organization within twelve (12)
months of initial recognition.
3.13 "Fiscal Analysis" means the City's Department of Finance shall prepare a
fiscal impact analysis. of any tentative agreement, a proposed memorandum of
understanding, or a proposed amendment to a memorandum of understanding unless the
City Council directs that a fiscal impact analysis shall not be obtained. If the City Council
so directs, the fiscal impact analysis may be reviewed by an independent certified
accountant who is not a public employee.
3.14 "Filing Period" means the period between November 1st and
December 31st of every year following the adoption of this Resolution during which
Employee Organizations may submit petitions to be recognized, decertified, or modified,
or the period within which an Employee Organization or the City may propose to modify
any existing unit of representation.
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3.15 "Impasse" means that the representatives of the City and a Recognized
Employee Organization or Exclusively Recognized Employee Organization have reached
a deadlock or point in their meeting and conferring in good faith at which differences in
positions on matters to be included in a memorandum of understanding or on more
general mandatory bargaining matters within the scope of representation, and concerning
that which they are required to meet and confer, are so substantial or prolonged that
future meetings would be futile.
3.16 "Lead Negotiator" means the person in charge of the City's negotiating team
when a tentative agreement, a proposed memorandum of understanding, or a proposed
amendment to a memorandum of understanding is to be presented to the City Council.
The City's Lead Negotiator may not be a City employee in negotiations for a tentative
agreement for a memorandum of understanding or in negotiations of a memorandum of
understanding. In matters where a tentative agreement, a proposed memorandum of
understanding, or a proposed amendment to a memorandum of understanding is to be
presented to the City Council, in addition to the Lead Negotiator, the City Manager may
select members of the City's negotiation team and present them to the City Council for
consent.
3.17 "Management Employee" means any employee in a position having
significant responsibilities for formulating, administering or managing the implementation
of City policies and programs through independent judgment, including, but not limited to,
the exercise of discretionary authority to develop and modify institutional goals and
priorities, including but not limited to the City Manager, Deputy City Manager, all
Department Heads, Deputy Director of Community Development, Deputy Director of
Finance, Deputy Director of Public Works, Deputy Director of Recreation & Parks,
Building Official, City Clerk, Human Resources Manager, Information Technology
Manager, and Principal Civil Engineer.
3.18 "Mediation or Conciliation" means the efforts of an impartial third person or
persons functioning as an intermediary to assist the parties in reaching a voluntary
resolution to impasse, through interpretation, suggestion and advice. Mediation and
conciliation are interchangeable terms.
3.19 "Meet and Confer in Good Faith" or "Confer in Good Faith" means
performance by duly authorized City and Recognized Employee Organization
representatives of their mutual obligations. The City and a representative of a Recognized
Employee Organization or Exclusively Recognized Employee Organization shall have the
mutual obligation personally to meet within the time periods established by Section 6 of
this Resolution upon request, exchange information on matters within the scope of
representation, including wages, hours and other terms and conditions of employment, in
a good faith effort to 1) reach agreement on those matters within the authority of such
representatives, 2) freely exchange information, opinions and proposals, and 3) reach
agreement in the form of a memorandum of understanding, on what will be recommended
to the City Council on those matters within the decision making authority of the City
Council. This does not require either party to agree to a proposal or to make a
concession.
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3.20 "Memorandum of Understanding" means a written document jointly
prepared by the City's Municipal Employee Relations Representative, or designee(s), and
a Recognized Employee Organization or Exclusively Recognized Employee Organization
enumerating any agreement reached as the result of meeting and conferring on matters
within the scope of representation, and the same signed by the parties involved and
ratified by the relevant bargaining unit and approved by the City Council.
3.21 "Municipal Employee Relations Representative" or "MERR" means the
City's principal representative in all matters of employer-employee relations with authority
to meet and confer on matters within the scope of representation. The City Council hereby
designates the City Manager as the MERR who is hereby authorized to delegate such
duties and responsibilities. Where a tentative agreement, a proposed memorandum of
understanding, or a proposed amendment to a memorandum of understanding is to be
presented to the City Council; in addition to the City's Lead Negotiator as defined above,
the City Manager may select the members of the negotiations team and present them to
the City Council for consent.
3.22 "Professional Employee" means any employee engaged in work requiring
specialized knowledge and skills attained through completion of a recognized course of
instruction.
3.23 "Proof of Employee Support" means (1) an authorization card recently
signed and personally dated by an employee, provided that the card has not been
subsequently revoked in writing by the employee (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 most recently signed by an employee within ninety (90) days prior to the
filing of a petition.
3.24 "Recognized Employee Organization" means an Employee Organization
that has been acknowledged by the Municipal Employee Relations Representative as an
Employee Organization that represents employees of the City. The rights accompanying
recognition include the right to consultation in good faith by all Recognized Employee
Organizations.
3.25 "Scope of Representation" 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, except, however, that the scope of
representation shall not include consideration of the merits, necessity, or organization of
any service or activity provided by law or executive order, as set forth in Section 5.
3.26 "Supervisory Employee" means any employee who has authority, in the
interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
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reward, or discipline employees, or the responsibility to assign work and direct them,
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 judgment.
Section 4. Employee Rights
4.1 Subject to the requirements of the law and Section 5 below, employees
shall have the following rights:
4.1.1 To form, join, and participate in the activities of employee
organizations of their own choosing for the purpose of representation on matters
within the scope of representation, in accordance with this Resolution.
4.1.2 To refuse to join or participate in the activities of employee
organizations and to represent themselves individually in their employment
relations with the City.
4.1.3 To be free from the interference, intimidation, restraint, coercion, or
discrimination by the City, any employee organization, or any other employee
because of the exercise of these rights.
4.2 Professional Employees shall not be denied the right to be represented
separately from non-professional employees by an employee organization consisting of
such Professional Employees.
4.3 Management and/or Confidential Employees shall not represent any
employee organization which represents other non-Management or non-Confidential
employees of the City, on matters within the scope of representation, unless as permitted
by the City of Rancho Palos Verdes Personnel Rules, and Management and/or
Confidential Employees may not engage in any activity with or on behalf of any employee
organization which would result in an actual or apparent conflict of interest between their
official duties and responsibilities of employment and their personal interests in labor
relations, as determined by the MERR.
Section 5. City Responsibilities and Rights
5.1 To ensure that the City is able to carry out its functions and responsibilities
imposed by law, the City has and will retain the exclusive right to manage and direct the
performance of City operations and the work force performing such operations. Among
the rights which are reserved to the City are the following:
5.1.1 To determine the merits, necessity, organization, expansion, or
diminishment of any operation, service, or activity conducted by the City;
5.1.2 To determine and change the facilities, methods, means, and
personnel by which City operations are to be conducted;
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5.1.3 To determine and change the number of locations, relocations, and
types of City operations and the processes and materials to be employed in
carrying out said operations, including but not limited to, the right to subcontract
any work or operation;
5.1.4 To determine the size, assignments, and composition of the
employee work force, to determine employee job classifications and contents
thereof, and to assign work to employees in accordance with requirements as
determined by the City;
5.1.5 To relieve employees from duty because of lack of work, lack of
financial resources, or other non-disciplinary reasons;
5.1.6 To hire, transfer, promote, and discipline employees in accordance
with the City's Personnel Rules;
5.1.7 To determine policies, procedures and standards for the selection,
training and promotion of employees;
5.1.8 To establish employee performance standards including, but not
limited to, quality and quantity standards;
5.1.9 To maintain the efficiency of governmental operations;
5.1.10 To take any and all necessary actions to carry out the City's
operations in emergencies;
5.1.11 To exercise complete control and discretion over the City's
organization and the technology of performing its work and services; and
5.1.12 To establish reasonable work and safety rules and regulations to
maintain the efficiency and economy desirable in the performance of City
operations.
5.2 The City, in exercising these rights and operations, will not discriminate
against any employee because of membership or non-membership in any employee
organization.
Section 6. Meeting and Conferring
6.1 The City, through its representative(s), shall meet and confer in good faith
with Employee Representative(s) of any Recognized Employee Organization or
Exclusively Recognized Employee Organization regarding matters within the scope of
representation for its members or for all employees, whichever applies, in the unit for
which such organization is recognized.
6.2 Where a Recognized Employee Organization or Exclusively Recognized
Employee Organization desires to meet and confer with the City, through its Employee
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Representative(s), on matters within the scope of representation, said organization shall
make a request in writing and specify the subjects to be discussed.
6.3 The Recognized Employee Organization or Exclusively Recognized
Employee Organization shall endeavor to submit any and all request(s) to meet and
confer on matters within the scope of representation that have a fiscal impact and are not
currently accounted for in the current budget in the manner specified below:
6.3.1 By March 15th, if it intends to have the requested item(s)
considered for the budget for the next fiscal year, or, if there is a Memorandum of
Understanding in existence between the parties, for the fiscal year following the
expiration date of the Memorandum of Understanding (MOU), where March 15th
immediately precedes the commencement of said fiscal year.
6.3.2 If a Recognized Employee Organization or Exclusively Recognized
Employee Organization fails to submit, or to request a reasonable extension of
time to submit, written requests by March 15th, the City shall send written notice
requesting said employee organization to submit its written requests.
6.3.3 Promptly after such written requests have been made, a meeting
shall be arranged at a time and place mutually satisfactory to the parties involved.
6.3.4 It is the goal of the City that the meet and confer process discussed
in this Section 6.2 be completed by May 31st immediately preceding the
commencement of the fiscal year in which the changes and/or requests are to
become effective.
6.4 Where the City proposes to take action on matters regarding wages, hours,
and other terms and conditions of employment within the scope of representation,
whether such action be by ordinance, resolution, rule, or regulations, reasonable written
notice shall be given to each Recognized Employee Organization and each Exclusively
Recognized Employee Organization affected thereby, and each shall be given the
opportunity to meet and confer with the City, through its representative(s). In cases of
emergency when the City Council determines that an ordinance, resolution, rule or
regulation must be adopted immediately without prior notice or meeting with any
Recognized Employee Organization or Exclusively Recognized Employee Organization,
the City shall provide such notice and opportunity to meet at the earliest practicable time
following the adoption of same.
6.4.1 In the event the City gives notice of an anticipated action pursuant
to this Section, the City may specify in said notice a reasonable period of time
within which the parties should endeavor to complete the meet and confer process.
6.5 If a tentative agreement is reached by the authorized representatives of the
City and Employee Organization and ratified by the Employee Organization, the City
Council shall vote to accept or reject the tentative agreement within thirty (30) days of the
date it is first considered at a duly noticed public meeting but only after the tentative
agreement has been placed on the agenda at a minimum of two City Council meetings
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that are at least two weeks apart. If implementation of this requirement would result in
the Council failing to act on a tentative agreement within thirty (30) days, the City Council
may waive this requirement or call the second meeting as a special meeting within the
thirty (30) day period. A tentative agreement shall not be placed on the City Council's
consent calendar. If the City Council accepts the tentative agreement, the parties shall
jointly prepare a written Memorandum of Understanding, signed by the City's
representatives and the duly authorized Employee Representatives, which shall be
brought back for approval by the City Council. Said Memorandum of Understanding shall
not be binding until approved by the City Council.
6.6 If an agreement is reached by the representatives of the City and the
employee representatives, all agreed matters shall be incorporated as joint
recommendations to the City Council in a written Memorandum of Understanding signed
by the City's representatives, and the duly authorized employee representatives. Said
Memorandum of Understanding shall not be binding until approved by the City Council.
6.7 Publication of Accepted Meet and Confer Proposals. If a meet and confer
proposal relating to a tentative agreement, memorandum of understanding, or an
amendment to a memorandum of understanding is accepted by the party to which it is
presented, the proposal and the fiscal impact analysis shall be posted on the City's
website.
Section 7. Consult or Consultation in Good Faith
The City, through its representatives, shall consult in good faith with
representatives of recognized and exclusively recognized employee organizations prior
to the modification of any rules and regulations for the administration of employer-
employee relations, including any amendments to this Resolution.
ARTICLE II. REPRESENTATION PROCEEDINGS
Section 8. Employee Unit of Representation
8.1 The City has investigated and considered the services performed by its
employees, their working conditions, and job duties, and the City's need to maintain an
efficient operation while providing sound employer-employee relations and the units of
representation historically recognized by the City. The City recognized the Rancho Palos
Verdes Employees Association ("Association") on October 18, 2011 as the exclusive
employee organization for the designated non-management employees of the City for
purposes of employer-employee relations under the MMBA and regulations of the Public
Employment Relations Board ("PERB")(CaI Code Reg. Section 31001-32997).
8.2 Additional, different or modified employee units of representation may be
created by action of the City Council as it deems appropriate, upon the City's own written
notice given to the appropriate employee organization or upon a petition filed by an
employee organization pursuant to Section 9 of this Resolution. In making its
determination, the City Council will investigate and consider the following factors:
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8.2.1 Whether and which employees share a similar community of
interests, kinds of work performed, types of qualifications required, and general
working conditions;
8.2.2 The City's needs to maintain an efficient operation;
8.2.3 The units of representation historically recognized by the City,
except however, that no unit shall be deemed to be an appropriate unit solely on
the basis of the extent to which employees in the proposed unit have organized;
8.2.4 Consistency with the organizational patterns of the City;
8.2.5 Effect of differing legally mandated impasse resolution procedures;
8.2.6 Number of employees and classifications, and the effect on the
administration of employer-employee relations created by the fragmentation of
classifications and proliferation of units; and
8.2.7 Other matters considered relevant by the City to promoting sound
employer-employee relations and efficient operation of the City.
Section 9. Requirements For and Process of Becoming an Exclusively
Recognized Employee Organization
9.1 Only one employee organization shall be recognized as an employee
organization representing employees in a unit and, after the effective date of this
Resolution, only exclusive recognition on behalf of a unit established in accordance with
this Resolution or amendment hereto shall be conferred.
9.2 An employee organization which was a Recognized Employee Organization
immediately prior to the effective date of this Resolution shall continue to be so recognized
under this Resolution in the unit for which it had been recognized, subject to this Article II,
Section 9, and Sections 14 through 16 herein.
9.3 Process of Becoming Recognized. An employee organization seeking to
become certified as the Exclusively Recognized Employee Organization representing
employees in an appropriate unit shall file a petition ("Recognition Petition") with the
MERR during the Filing Period. The Recognition Petition shall contain all of the following
information and documentation declared by the duly authorized signatory under penalty
of perjury to be true, correct, and complete:
9.3.1 Name and address of the employee organization;
9.3.2 Names and titles of its officers;
9.3.3 Names of employee organization representatives who are
authorized to speak on behalf of the organization;
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9.3.4 Names and addresses of no more than two (2) employee
representatives to whom notices, if sent pursuant to this Resolution, will be
deemed sufficient notice to the employee organization for any purpose;
9.3.5 A copy of the employee organization's current Constitution and
Bylaws, which shall contain a statement that the employee organization has, as
one of its primary purposes, the representation of employees in their employment
relations with the City;
9.3.6 A statement whether the employee organization is a subordinate
body of, or affiliated directly or indirectly in any manner with, any regional or state
or international organization and, if so, the name and address of each such
regional, state, national, or international organization;
9.3.7 A statement that the employee organization has no restriction on
membership based on race, religious creed, color, national origin, ancestry, age,
mental or physical disability, medical condition, marital status, sex or sexual
orientation;
9.3.8 The job classifications or position titles of employees in the unit
claimed to be appropriate and the approximate number of member employees
therein;
9.3.9 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 MERR or to a representative of the California
State Mediation and Conciliation Service; and a request that the MERR formally
acknowledge the employee organization as the Exclusively Recognized Employee
Organization representing the employees in the unit claimed to be appropriate for
the purpose of meeting and conferring in good faith.
Section 10. City Response to Recognition Petition for an Exclusively
Recognized Employee Organization
10.1 Upon receipt of the Recognition Petition, the MERR shall determine
whether:
10.1.1 There has been compliance with the requirements of the
Recognition Petition, in accordance with Section 9, and
10.1.2 The proposed representation unit is an appropriate unit, in
accordance with Section 8.
10.2 If an affirmative determination is made by the MERR on the foregoing
matters listed in Section 10.1, the MERR shall inform the petitioning employee
organization, give written notice of the Recognition Petition to all the employees in the
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unit and any other employee organization(s) representing any employee in the same unit,
and take no action on said request for thirty (30) days thereafter.
10.3 If either of the foregoing matters listed in Section 10.1 are not affirmatively
determined, the MERR shall deny the Recognition Petition and inform the petitioning
employee organization of the reasons therefor in writing. The petitioning employee
organization shall have seven (7) days to cure any defects in the Recognition Petition. All
defaults must be cured, and a valid Recognition Petition must be submitted by the end of
the Filing Period, unless the submission deadline is extended by the MERR, who shall
not extend the cure period more than fifteen (15) days beyond the end of the Filing
Period. Neither the MERR nor the City is obligated to assist the petitioning employee
organization in curing the alleged defects to the Recognition Petition.
10.4 The petitioning employee organization may appeal such determination in
accordance with Section 18.
Section 11. Open Period for Filing Challenging Petition to an Exclusively
Recognized Employee Organization
Within thirty (30) 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 Exclusively
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 (30) percent and otherwise in the same form and manner as set forth in
Section 9.3. If such challenging petition seeks establishment of an overlapping unit, the
MERR shall call for a meeting on such overlapping Recognition Petitions for the purpose
of ascertaining the more appropriate unit, at which time the petitioning employee
organizations shall be heard. Thereafter, the MERR shall determine the appropriate unit
or units in accordance with the standards in Section 8.2. The petitioning employee
organizations shall have fifteen (15) days from the date notice of such unit determination
is communicated to them by the MERR to amend their petitions to conform to such
determination or to appeal such determination pursuant to Section 18.
Section 12. Granting Recognition to an Exclusively Recognized Employee
Organization Without an Election
If the Proof of Employee Support shows that a majority of the employees in the
appropriate unit have designated the petitioning employee organization to represent
them, and if no other employee organization files a challenging petition, the petitioning
employee organization and the MERR shall request the California State Mediation and
Conciliation Service, or another agreed upon neutral third party, to review the count, form,
accuracy, and propriety of the Proof of Employee Support. If the neutral third party makes
an affirmative determination, the MERR shall certify the petitioning employee organization
as the Exclusively Recognized Employee Organization for the appropriate unit.
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Section 13. Granting Recognition to an Exclusively Recognized Employee
Organization Through an Election Process
13.1 Upon the submission of valid Recognition Petitions of more than one
employee organization for employees in the same or overlapping units, the MERR shall
arrange for a secret ballot election to be conducted by the City Clerk or such other third
party agreed to by the MERR and the concerned employee organization(s), in accordance
with such party's rules and procedures, subject to the provisions of this Resolution. All
employee organizations who have duly submitted Recognition Petitions which have been
determined to be in conformance with this Resolution shall be included on the ballot. The
ballot shall also reserve to 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 prior to the date
which ended at least fifteen (15) 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 shall be formally acknowledged as the Exclusively
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 shall be conducted between
the two choices receiving the largest number of valid votes cast. The rules governing an
initial election are applicable to a run-off election.
13.2 There shall be no more than one valid election under this Resolution
pursuant to any Recognition Petition in a twelve (12) month period affecting the same
unit.
13.3 In the event that the parties are unable to agree on a third party to conduct
the election, the election shall be conducted by the California State Mediation and
Conciliation Service. If a third party conducts the election, costs of conducting elections
shall be borne in equal shares by the City and by each employee organization appearing
on the ballot.
13.4 A Recognized Employee Organization or Exclusively Recognized
Employee Organization of the unit for which a decertification election is being conducted
shall also appear on the ballot, unless within fourteen (14) days of receipt of the notice of
the Decertification or Recognition Petition, or notice of the unit determined by the City
Council, whichever is later, said employee organization provides written notice to the
MERR that it does not intend to participate in the election. Notice of the intention not to
participate in the election shall constitute withdrawal from representation of the unit
effective the date the notice of intention not to participate in the election is received by
the MERR.
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13.5 The MERR shall announce the date of the election and the voting location
or locations at least twenty-eight (28) days before the date of such election. Employees
shall vote in person.
Section 14. Procedure for Decertification of Exclusively Recognized
Employee Organization
14.1 A decertification petition alleging that the incumbent Exclusively
Recognized Employee Organization no longer represents a majority of the employees in
an established appropriate unit ("Decertification Petition") may be filed with the MERR
only during the Filing Period or the thirty(30) day period commencing one hundred twenty
(120) days prior to the termination date of a Memorandum of Understanding then having
been in effect for three (3) years or less, provided that a Decertification Petition may not
be filed within twelve (12) months of initial recognition of an Exclusively Recognized
Employee Organization. A Decertification Petition may be filed by two or more employees
or their representative, or an employee organization, and shall contain the following
information and documentation declared by the duly authorized signatory under penalty
of perjury to be true, correct, and complete:
14.1.1 The name, address and telephone number of the petitioner and a
designated representative authorized to receive notices or requests for further
information.
14.1.2 The name of the established appropriate unit and the incumbent
Exclusively Recognized Employee Organization sought to be decertified as a
representative of that unit.
14.1.3 An allegation that the incumbent Exclusively Recognized
Employee Organization no longer represents a majority of the employees in the
appropriate unit, and any other relevant and material facts relating thereto.
14.1.4 Proof of Employee Support that at least thirty (30) percent of the
employees in the established appropriate unit no longer desire to be represented
by the incumbent Exclusively Recognized Employee Organization. Such proof
shall be submitted for confirmation to the MERR or to a mutually agreed upon
disinterested third party within the time limits specified in the first paragraph of this
Section. An employee organization may, in satisfaction of the Decertification
Petition requirements hereunder, file a petition under this Section in the form of a
Recognition Petition that evidences Proof of Employee Support of at least thirty
(30) percent, that includes the allegation and information required under
paragraph 14.1.3 of this Section, and otherwise conforms to the requirements of
Section 9.
14.2 The MERR shall initially determine whether the Decertification Petition has
been filed in compliance with the applicable provisions of this Resolution.
14.2.1 If the foregoing matters listed in Section 14.1 are not affirmatively
determined, the MERR shall deny the Decertification Petition and inform the
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petitioning employee organization of the reasons therefor in writing. The
petitioning employee organization shall have seven (7) days to cure any defects in
the Decertification Petition. Neither the MERR nor the City is obligated to assist
the petitioning employee organization in curing the alleged defects to the
Decertification Petition.
14.2.2 If the foregoing matters listed in Section 14.1 are affirmatively
determined by the MERR, or if his/her negative determination is reversed on
appeal, the MERR shall give written notice of such Decertification or Recognition
Petition to the incumbent Exclusively Recognized Employee Organization and to
unit employees. The MERR shall thereupon arrange for a secret ballot election to
be held 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 shall be conducted within the same timeframe
and under the same procedures as set forth in Section 13.
14.2.3 The petitioning employee organization may appeal such
determination in accordance with Section 18.
14.3 During the Filing Period or the thirty (30) day period commencing one
hundred twenty (120) days prior to the termination date of a Memorandum of
Understanding then having been for three (3) years or less, the MERR may give written
notice of the city's specific intent to the affected employee organization, when the MERR
has reason to believe that a majority of unit employees no longer wish to be represented
by the incumbent Exclusively Recognized Employee Organization, give notice to said
organization and all unit employees that an election will be arranged and held by the
MERR to determine that issue. In such event, any other employee organization may,
within fifteen (15) days of such notice, file a Recognition Petition in accordance with
Section 9.3, which the MERR shall act on in accordance with this Section.
14.4 If, pursuant to this Section, a different employee organization is formally
acknowledged as the Exclusively Recognized Employee Organization, such organization
shall be bound by all the terms and conditions of any Memorandum of Understanding
then in effect for its remaining term.
Section 15. Procedure for Modification of Established Appropriate Units
15.1 Requests by employee organizations for modifications of established
appropriate units ("Modification Petition") may be considered by the MERR. The
Modification Petition shall be submitted during the Filing Period or the thirty (30) day
period commencing one hundred twenty (120) days prior to the termination date of a
Memorandum of Understanding then having been in effect for three (3) years or less,
whichever occurs later, shall be in the form of a Recognition Petition, and, in addition to
the requirements set forth in Section 9.3, shall contain a complete statement of all
relevant facts and citations in support of the proposed modified unit in terms of the policies
and standards set forth in Section 8. The MERR shall process the Modification Petition
as any other Recognition Petition under this Resolution.
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15.2 Proof of Support: The MERR will require proof of at least thirty (30) percent
support among the affected employees if a pending representation petition by another
employee organization overlaps the positions at issue in the unit modification petition.
15.3 At any time, the MERR may, by giving written notice of City's intent to the
affected employee organization, propose that an established unit be modified. The
MERR shall give written notice of the proposed modification(s) to any affected employee
organization(s), and each employee within said affected unit or units, and shall hold a
meeting concerning the proposed modification(s), at which time all affected employee
organizations shall be heard. Thereafter the MERR shall determine the composition of
the appropriate unit or units in accordance with Section 8, and shall give written notice of
such determination to the affected employee organizations.
15.3.1 The MERR's determination may be appealed in accordance with
Section 18.
15.3.2 If a unit is modified pursuant to the written notice of the MERR
hereunder, employee organizations may thereafter file Recognition Petitions
seeking to become the Exclusively Recognized Employee Organization for such
new appropriate unit or units pursuant to Section 9.
Section 16. Procedure for Processing Severance Requests
16.1 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 ("Severance Request"). The timing, form, and
processing of the Severance Request shall be as specified in Section 15 for a
Modification Petition.
16.2 Proof of Support: When an employee organization requests severance of
classifications or positions to its established unit, the MERR will require proof of majority
support of persons employed in the classifications or positions to be severed. The MERR
may require proof of at least thirty (30) percent support among the affected
employees. The MERR's determination may be appealed in accordance with Section 18.
Section 17. Amendment of Certification
17.1 Employee Organization Petition
17.1.1 A Recognized Employee Organization shall file with the MERR a
petition to amend its certification or recognition ("Amendment Petition") in the event
of a merger, change in affiliation, or transfer of jurisdiction.
17.1.2 The Amendment Petition shall be in writing, signed by an
authorized agent of the employee organization, and contain the following
information:
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(a) The name, address and telephone number of the employee
organization and the name, address and telephone number of the agent to
be contacted;
(b) A brief description and the title of the established unit;
(c) A clear and concise statement of the nature of the merger,
amalgamation, affiliation, or other change in jurisdiction, and the new name
of the employee organization. The statement shall include the following
information:
(1) Whether the new organization has the same structure
as the former organization (e.g., eligibility for membership, dues/fees
structure, continuation of the manner in which contract negotiations,
administration and grievance processing will be effectuated), and if
not, an explanation of the change(s) in structure;
(2) Whether the officers and representatives of the new
organization are the same as the former organization, and if not, a
specification of the changes in officers and/or representatives;
(3) Whether the power of the members to control the
organization's agents is the same as it was in the former organization
(e.g., input into contract proposals, contract ratification, frequency of
membership meetings, preservation of the (former) organization's
physical facilities, books, and assets, choosing/oversight of
executive board members), and if not, a specification of what
changes have been made; and
(4) Whether the organization's members were given an
opportunity to vote on the change in status, and if so, a description
of the voting process and results.
17.2 Review Process
17.2.1 Upon receipt of a petition filed pursuant to Section 17.1 above, the
MERR shall conduct such inquiries and investigations, and hold such meetings as
deemed necessary and/or conduct a representation election in order to decide the
questions raised by the Amendment Petition.
17.2.2 The MERR may dismiss the Amendment Petition if the petitioner
has no standing to petition for the action requested or if the Amendment Petition
is improperly filed.
17.2.3 In determining whether to grant the Amendment Petition, the
MERR will examine the following issues:
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(a) Whether the new organization has the same or similar
structure as the former organization;
(b) Whether the officers and representatives of the new
organization are substantially the same as the former organization;
(c) Whether the power of the members to control the
organization's agents are substantially the same; and
(d) Whether the organization's members were given an
opportunity to vote on the change in status.
17.3 Determination
17.3.1 Unless the MERR finds that there is no substantial continuity of
identity and representation between the former and new organizations, the MERR
will issue an amendment of certification reflecting the new identity of the Exclusive
Recognized Employee Organization. Such certification shall not be considered to
be a new certification for the purpose of computing time limits pursuant to
Section 14. The terms and conditions of a Memorandum of Understanding then in
effect shall remain in effect until said Memorandum of Understanding expires.
17.3.2 If the MERR determines that there is no substantial continuity of
identity and representation between the former and new organizations, the MERR
shall order an election in conformance with Section 14.
17.3.3 The MERR's determination may be appealed in accordance with
Section 18.
Section 18. Appeals
18.1 Within fifteen (15) days of a final decision of the MERR, (i) an employee
organization aggrieved by a determination of an appropriate unit or that a Recognition
Petition (Sec. 9), Challenging Petition (Sec. 11), Decertification Petition (Sec. 14),
Modification Petition (Sec. 15), Severance Request (Sec. 16), or Amendment Petition
(Sec. 17) has not been filed in compliance with Article II; or (ii) employees aggrieved by
a determination that a Decertification Petition (Sec. 14) or Severance Request (Sec. 16)
has not been filed in compliance with Article II, may request to submit the matter to
mediation by the State Mediation and Conciliation Service. In lieu thereof, or fifteen (15)
days after such mediation proceedings, said employee organization or employees may
appeal such determination to the City Council for final decision.
18.2 Appeals to the City Council shall be filed in writing with the City Clerk, and
a copy thereof served on the MERR. The City Council shall commence to consider the
matter within thirty (30) days of the filing of the appeal. The City Council may, in its
discretion, refer the dispute to a third party hearing process. Any decision of the City
Council on the use of such procedure, and/or any decision of the City Council determining
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the substance of the dispute, shall be final and binding. Any costs for the appeal shall be
borne equally by the City and the employee organization.
ARTICLE III. ADMINISTRATION
Section 19. Submission of Current Information by Recognized Employee
Organizations
All Recognized Employee Organizations and Exclusively Recognized Employee
Organizations shall advise the MERR in writing immediately of any changes in the
information enumerated in Sections 9.3.1 through 9.3.9 within fourteen (14) days of such
change.
Exclusively Recognized Employee Organizations that are party to an agency shop
provision shall provide annually to the Employee Relations Officer and to unit members
within 60 days after the end of its fiscal year the financial report required under
Government Code Section 3502.5 (f) of the Meyers-Milias Brown Act.
Section 20. Employee Organization Activities — Use of City Resources
Access to City work locations and the use of City paid time, facilities, equipment
and other resources by employee organizations and those representing them, shall be
authorized only to the extent provided for in Memoranda of Understanding and/or
administrative procedures, shall be limited to lawful activities consistent with the
provisions of this Resolution that pertain directly to the employer-employee relationship
and not to such internal employee organization business as soliciting membership,
campaigning for office, or organization meetings and elections, and shall not interfere with
the efficiency, safety, and security of City operations.
ARTICLE IV. IMPASSE PROCEDURES
Section 21. Initiation of Impasse Procedures
If the meet and confer process has reached an Impasse, either party may initiate
the Impasse procedures by filing with the other party a written request for an Impasse
meeting, together with a statement declaring an Impasse and its position on all issues. An
Impasse meeting shall then be scheduled promptly by the MERR. The purpose of such
meeting shall be:
21.1.1 To review the position of the parties in a final effort to reach
agreement on a Memorandum of Understanding; and
21.1.2 If the Impasse is not resolved, to discuss arrangements for the
utilization of the Impasse procedures provided herein.
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Section 22. Impasse Procedures
Impasse procedures are as follows:
22.1 If the parties agree to submit the dispute to mediation, mediation will be
conducted by a mediator from the California State Mediation and Conciliation Service,
unless the parties agree to use another mediator. All mediation proceedings shall be
private. The mediator shall make no public recommendation, nor take any public position
at any time concerning the issues. If there is a cost for the services of a mediator, such
costs shall be borne equally by the City and the employee organization.
22.2 If the parties, having so agreed to mediation, fail to resolve the dispute
within thirty (30) days after the appointment of the mediator, the employee organization
thereafter may request to submit the Impasse to fact-finding, as provided by state law.
22.3 If the parties do not agree to mediation, the employee organization may
request to submit the Impasse to fact-finding, as provided in Section 23 below.
22.4 If the Impasse has not been resolved through fact-finding, or the employee
organization fails to request fact-finding, the Impasse will be sent to the City Council,
which shall then hold a public hearing on the impasse and take such action regarding the
Impasse as it, in its discretion, deems appropriate as in the public interest, including but
not limited to unilaterally implementing its last, best, and final offer, but shall not implement
a memorandum of understanding. Any legislative action by the City Council on the
Impasse shall be final and binding.
Section 23. Fact-Finding Procedures
23.1 Upon failure to agree to, or upon failure to reach an agreement through,
mediation, the employee organization may submit a written request to the MERR and the
Public Employment Relations Board for a fact-finding panel in accordance with state law.
23.1.1 If the dispute was submitted to mediation, not sooner than thirty
(30) days, but not more than forty-five (45) days, after the appointment of the
mediator.
23.1.2 If the dispute was not submitted to mediation, not later than thirty
(30)days following the date that either party provided the other with a written notice
of an Impasse and request for an Impasse meeting.
23.2 The request for fact-finding shall be filed with the Public Employment
Relations Board - Los Angeles Regional Office located at 700 N. Central Ave., Glendale,
California 91203-3219, with a proof of service, containing a declaration signed under
penalty of perjury with the following information: (1) the name of the declarant; (2) the
county and state in which the declarant is employed or resides; (3) a statement that the
declarant is over the age of 18 years and not a party to the case; (4) the address of the
declarant; (5) a description of the documents served; (6) the method of service and a
statement that any postage or other costs were prepaid; (7) the name(s), address(es)
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and, if applicable, fax number(s) used for service on the party(ies); and (8) the date of
service. The Public Employment Relations Board shall approve or disapprove all
requests for fact-finding.
23.3 Within five (5) working days after notification from the Public Employment
Relations Board that the fact-finding request is approved, (i) each party shall select a
person to serve as its member of the fact-finding panel and notify the Public Employment
Relations Board of its selection; The parties shall then select the chairperson by utilizing
a strike procedure whereby each side strikes a member of a list provided by PERB until
one is selected. Within five (5) working days after a chairperson is selected through this
procedure, the parties may alternatively mutually agree upon another person to serve as
chairperson. The strike procedure will be initiated by a coin toss by a member of the City
witnessed by the employee organization. The costs for the services of the chairperson,
including per diem fees, if any, and actual and necessary travel and subsistence
expenses, shall be divided equally between the parties. Any other mutually incurred costs
shall be divided equally between the parties. Any separately incurred costs for the panel
member selected by each party shall be borne by that party.
23.4 Within ten (10) days of its appointment, the fact-finding panel shall meet
with the parties or their representatives, either jointly or separately, and may make
inquiries and investigations, hold hearings, and take any other steps it deems appropriate,
including issuance of subpoenas requiring attendance and testimony and production of
evidence.
23.5 Within thirty (30) days of its appointment, or upon agreement by the parties
for a longer period, and if the dispute is not settled by the parties within said time period,
the fact-finding panel shall make findings of fact and recommend terms of settlement,
which shall be advisory only. In making its findings and recommendations, the fact-
finding panel shall consider the following criteria:
23.5.1 State and federal laws that are applicable to the City;
23.5.2 Local rules, regulations, or ordinances;
23.5.3 Stipulations of the parties;
23.5.4 The interests and welfare of the public and the financial ability of
the City;
23.5.5 Comparison of the wages, hours, and conditions of employment to
employees performing similar services in comparable public agencies;
23.5.6 The consumer price index for goods and services, commonly
known as the cost of living;
23.5.7 The overall compensation presently received by the employees,
including direct wage compensation, vacations, holidays, and other excused time,
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insurance and pensions, medical and hospitalization benefits, the continuity and
stability of employment and all other benefits received; and
23.5.8 Any other facts which are normally or traditionally taken into
consideration in making the findings and recommendations.
23.6 The fact-finding panel shall submit its findings and recommendations in
writing to the parties prior to making them available to the public for the purpose of
resolving the impasse. The City shall make the findings and recommendations available
to the public within ten (10) calendar days after its receipt. If the Impasse has not been
resolved within ten (10) calendar days after the City's receipt of the fact-finding panel
findings and recommendations, then the Impasse shall be sent to the City Council, which
shall then hold a public hearing on the Impasse and take such action regarding the
Impasse as it, in its discretion, deems appropriate as in the public interest, including but
not limited to unilaterally implementing its last, best, and final offer, but shall not implement
a Memorandum of Understanding. Any legislative action by the City Council on the
Impasse shall be final and binding, including but not limited to unilaterally implementing
its last, best, and final offer.
ARTICLE V. MISCELLANEOUS PROVISIONS
Section 24. Construction
The City may adopt such rules, regulations and/or procedures necessary or
convenient to implement the provisions of this Resolution and of the MMBA after
consultation with affected Recognized Employee Organizations. Nothing in this
Resolution shall be construed to deny any person or employee any rights granted by
Federal or State laws. The rights, powers, and authority of the City in all matters, including
the right to maintain any legal actions, shall not be modified or restricted by this
Resolution.
Section 25. Unlawful Strikes
Nothing in this Resolution shall be construed as making the provisions of California
Labor Code Section 923 applicable to City employees or employee organizations.
Employees that engage in unlawful strikes may be subject to disciplinary action, up to
and including termination.
Section 26. Severability
If any provision or portion thereof contained in this Resolution, or the application
thereof, to any person or circumstances is held to be unconstitutional, invalid, or
unenforceable, the remainder of this Resolution and the application of such provision, or
portion thereof, to other persons or circumstances, shall be deemed severable, shall not
be affected, and shall remain in full force and effect.
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Section 27. Notice
Wherever written notice to either party is required by this Resolution, it shall be
given by email and if to the City at 30940 Hawthorne Boulevard, Rancho Palos Verdes,
California 90275, and to any employee organization at its last address furnished in writing
to the City, by first class registered or certified mail, postage prepaid and shall be deemed
to have been received on the third day immediately following the day it was mailed
(excluding Saturdays, Sundays and holidays on which the offices of the City are closed).
Service of notice by mail at the sender's option, may be given by hand delivery.
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