HomeMy Public PortalAbout14) 7M Approval of an Agreement between the Temple City Employees Association and the City of Temple City regarding Implementation of Agency Shop arrangementAGENDA
ITEM 7.M.
ADMINISTRATIVE SERVICES DEPARTMENT
MEMORANDUM
DATE: July 1, 2014
TO: The Honorable City Council
FROM: Donald E. Penman, Interim City Manager i)J
By: Tracey L. Hause, Administrative Services Director
SUBJECT: APPROVAL OF AN AGREEMENT BEnNEEN THE TEMPLE CITY
EMPLOYEES ASSOCIATION AND THE CITY OF TEMPLE CITY
REGARDING IMPLEMENTATION OF AGENCY SHOP ARRANGEMENT
RECOMMENDATION:
The City Council is requested to:
a) Approve an Agreement between the Temple City Employees Association (TCEA)
and the City of Temple City (City) regarding implementation of Agency Shop
Arrangement (Agreement) (Attachment "A") and associated letter agreement
confirming the scope of TCEA's indemnity obligation under the Agreement
(Attachment "B"); and
b) Direct the Interim City Manager to enter into an Agreement and letter agreement on
behalf of the City.
BACKGROUND:
1. On June 29, 2005, the City Council adopted Resolution No. 95-3430, a resolution
establishing guidelines for the form ation and recognition of employer-employee
relations organizations (Employer-Employee Resolution) (Attachment "C").
2. On March 12, 2014, the City received correspondence dated March 11 , 2014, from
Robert Cru se, identifying himself as President of TCEA, informing the City that the
general employees would be filing to establish the TCEA as an employee
association and advising that they had retained the staff at the City Employees
Association for legal and professional assistance.
3. Also on March 12, 2014, the City received correspondence dated March 11 ,2014,
from Robin Nahin, City Employees Association (CEA) Director, informing the City
that her office was assisting the TCEA in its effort to establish itself as exclusive
representative for the general employees of City Temple City.
City Council
July 1, 2014
Page 2 of 3
4. On March 13, 2014, the City received a petition that included original signatures
submitted by the general employees of the City of Temple City for the
establishment of TCEA.
5. On April 4, 2014, a representative from the Public Employment Relations Board
(PERB), in accordance with the joint request from the City and TCEA, conducted a
petition check election. The agreed number of employees in the TCEA Unit is 29.
The required majority designation was 15 and the representative from PERB found
that the petition for the employee organization exceeded the majority designation.
6 On April 23, 2014, the City received correspondence from a representative of CEA
requesting that the City implement an Agency Shop agreement for members of its
bargaining unit. Subsequently the City received a petition with majority members
of TCEA supporting implementation of Agency Shop.
7. Between May 8 and June 6, 2014, staff and representatives of TCEA met and
conferred on several occasions and came to agreement on the terms of the
Agency Shop arrangement. In connection with the Agency Shop Agreement, the
City has requested, and TCEA has agreed , to enter into a contemporaneous letter
agreement in which TCEA confirms the scope of its obligation to indemnify the City
in the event of any claim against the City relating to th e Agency Shop Agreement in
any forum and in which TCEA agrees to refrain from challenging the enforceability
of its obligation to indemnify the City.
ANALYSIS:
In accordance with the City's Employer-Employee Resolution and Government Code
Section 3500-3511 , more commonly known as the Meyers-Milias-Brown Act (MMBA},
on April 4, 2014, TCEA became a recognized employee association for the purpose
providing orderly procedures for the administration of employer-employee relations
between the City and TCEA.
Under the provisions of the MMBA, an Agency Shop Agreement may be negotiated
between a public agency and a recognized employee organization if a majority of the
members desire to require Agency Shop. Agency shop is an arrangement that requires
an employee, as a condition of continued employment, to either join the recognized
employee organization and pay membership dues or to pay the organization a service
fee in an amount not to exceed the standard initiation fee, periodic dues, and general
assessments of the organization. In add ition, if an employee is a member of a bona fide
religion, body or sect that has historically held conscientious objections to joining or
financially supporting public employee organizations, that employee shall not be
required to join or financially support a public employee organization as a condition of
employment. Instead, the employee will be required by the agreement to pay sums
equal to the dues or service fees to a nonreligious, non-labor charitable fund exempt
organization under Section 501 (c) (3) of the Internal Revenue Code. The charitable
organization will be chosen by the employee from the list of three of these funds
City Council
July 1, 2014
Page 3 of 3
contained in the Agreement.
CONCLUSION:
Since a majority of the members of TCEA support the implementation of Agency Shop
and a proposed Agreement has been successfully negotiated with TCEA, it is
recommended that the City Council direct the Interim City Manager to enter into an
Agency Shop Agreement and enter into the contemporaneous side agreement clarifying
the scope and enforceability of the indemnity clause in the Agreement on behalf of the
City.
FISCAL IMPACT:
There is no fiscal impact with this action.
ATTACHMENTS:
A. Agreement between the Temple City Employees Association and the City of Temple
City Regarding Implementation of Agency Shop Arrangement
B. Letter Agreement between the Temple City Employees Association and the City of
Temple City
C. Resolution No. 95-3430
ATTACHMENT A
AGREEMENT
BETWEEN THE TEMPLE CITY EMPLOYEES ASSOCIATION
AND THE CITY OF TEMPLE CITY
REGARDING IMPLEMENTATION OF AGENCY SHOP ARRANGEMENT
1. Authority
The City of Temple City (City) and Temple City Employees' Association (Association) mutually
understand and agree that all employees in City positions in the bargaining unit represented by
the Association have the right to join or not join the Association. However, the enactment of a
local "Agency Shop" arrangement requires that as a condition of continuing employment,
employees in the affected bargaining unit must join the Association, pay to the Association a
service fee in lieu thereof, or establish a religious exemption therefrom. Such service fee shall
be established by the Association, and shall not exceed the standard initiation fee, periodic dues
and general assessments of the Association.
2. Association Dues/Service Fees
(a) Following adoption of this Agreement by the City Council for the City of Temple City (City
Council), the Association shall provide written notice to the City of the monetary amounts
established for Association membership dues and for service fees.
(b) Effective with the first day of the first pay period following adoption of this Agreement by
the Temple City Council, the Administrative Services Department shall provide all non-
members in positions represented by the Association, and any employees hired into the
Association's represented positions thereafter, with an authorization notice advising
them of the following information: (1) an Agency Shop arrangement for the Association
has been enacted pursuant to state law and (2) all employees subject to the Agency
Shop arrangement must either join the Association and pay dues to the Association,
refrain from joining the Association and pay a service fee to the Association, or execute
a written declaration claiming a religious exemption from this requirement, in accordance
with the provisions of Section 3 of this Agreement. Such notice shall include a form for
the employee's signature authorizing a payroll deduction of Association dues, a service
fee, or a ch aritable contribution equal to the service fee. Employees shall have 14
calendar days from the date they receive the form to fully execute it and return it to the
Administrative Services Department.
(c) If the employee completes the form properly, authorizes the deduction of Association
dues or the service fee, and returns the form within the 14-day period, the City shall
begin the applicable deduction of Association dues or the service fee no later than the
beginning of the first pay period commencing after receipt of the authorization form by
the Administrative Services Department. If the form is not completed properly and/or not
returned within the stated time period, the City shall begin the deduction of the service
fee no later than the beginning of the first pay period commencing after the expiration of
the 14-day time period. If the authorization form is properly completed claiming the
religious exemption and returned during the stated period, the procedure provided in
Section 3 of this Agreement shall be followed.
IRV #4831-9975-2219 vi
(d) No deduction of dues or service fees shall be made during any pay period in which an
employee's earnings, after all other deductions are made, are insufficient to cover the full
amount of the dues or service fee.
(i) When an employee is in a non-pay status for an entire pay period, no deduction
will be made to cover the pay period from future earnings.
(ii) In the case of an employee who is in a non-pay status during less than an entire
pay period and whose earnings, after all other deductions are made, are
insufficient to cover the full amount of the dues or service fee, no deduction shall
be made from future earnings to cover the pay period.
(e) The Association shall provide written notice to the City at least 14 calendar days before
a change in the amount of dues or service fee will take effect and identify the changed
amounts.
3. Religious Exemption
(a) Any employee who is a member of a bona fide religion, body or sect that has historically
held conscientious objections to joining or financially supporting public employee
organizations may request exemption from payment of membership dues or a service
fee as a condition of employment. To request exemption, the employee must submit a
signed declaration affirming membership in such religion , body, or sect, along with any
supporting documentation in the form of a letter signed by a representative of the
religious organization, body or sect, to the Administrative Services Department.
(b) Written declarations, applications for religious exemption and any supporting
documentation must be submitted to the Administrative Services Department. Within 14
calendar days of receipt of any such written request for religious exemption, the City
shall forward a copy of the request and any supporting documentation to the Association
for review, after which the Association shall issue a written determination within 14
calendar days, accepting or rejecting the request for religious exemption.
(c) If an exemption is approved, the employee will be required , in lieu of a service fee, to
pay sums equal to the service fee to a non-religious, non-labor charitable fund exempt
from taxation under Section 501 (c)(3) of the Internal Revenue Code, as chosen and
designated by the Association. The three charitable funds designated by the
Association are: Kiwanis; Camellia Trust Fund; and Senior Lunch Program (via YWCA).
(d) No later than the first pay period after receipt of a request for religious exemption, the
City shall, one time only, deduct the charitable contribution from the employee's
earnings. The charitable deduction shall be held in escrow pending the City's receipt of
the Association's written determination under Section 3(b).
(i) Upon receipt of the Association's written approval of the request for religious
exemption and upon receipt of the employee's written identifi cation of an
appropriate charity, the City shall remit the escrowed amount to the designated
charity.
IRV 11483 1-9975-22 19 vi
(A) In the event that the employee's earnings, after all other deductions are
made, are insufficient to cover the full amount of the required remittance,
the provisions of Section 2(d) of this Agreement shall apply.
(B) The Association shall provide written notice to members who receive an
approved religious exemption at least 30 days before an increase in
service fees and associated required amount of charitable remittance
takes effect.
(ii) Upon receipt of the Association's written denial of the religious exemption by the
Association, the City shall convert the charitable contribution deduction to a
service fee deduction and remit the escrowed amount to the Association as
service fees. Thereafter, the City will follow the provisions set forth in this
Agreement applicable to deduction of service fees.
4. Rescission
The agency shop arrangement set forth in this Agreement may be rescinded by a majority vote
of the employees in positions in the bargaining unit represented by the Association, provided
that:
(a) A request for such a vote is supported by a petition containing the signatures of at least
30% of the employees in the bargaining unit;
(b) The vote is conducted by secret ballot;
(c) The vote may be taken at any time during the term of the memorandum of
understanding, but in no event shall there be more than one rescission vote taken during
that term. Notwithstanding the above, the City and the Association may negotiate, and
by mutual agreement provide for, an alternative procedure or procedures regarding a
rescission vote on an agency shop arrangement.
5. Records
The Association shall keep an adequate itemized record of its financial transactions and shall
make available annually upon request, to the City, and to the employees who are members of
the organization, within 60 days after the end of its fiscal year, a detailed written financial report
thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its
president and treasurer or corresponding principal officer, or by a certified public accountant.
6. Indemnification
The Association shall indemnify, defend, and hold the City harmless against any liability arising
in any forum, whether judicial, administrative, or otherwise, from any claims, demands, or other
action relating to the City's compliance with any obligations imposed under this Agreement
including but not limited to, deduction of membership dues, agency fees, and charitable
donations; religious exemption from payment of agency fees; and the Association's use of
monies collected under these provisions. The City reserves the right to select and direct legal
counsel in the case of any challenge in any forum relating to the City's compliance with this
Agreement, and the Association agrees to pay any attorney, arbitrator or court fees related
thereto, as well as reasonable cost of preparation time by City management.
IRV #483 1-9975-22 19 vi
7. City Council Approval
The City and Association agree that the agency shop provisions set forth in this Agreement shall
be implemented following approval of this Agreement by the City Council
City of Temple City:
Dated: _______ _ By: ________________ _
Donald E. Penman, Interim City Manager
Temple City Employees Association
Dated: _______ _ By: ________________ _
IRV #483 1-9975-2219 vi
ATTACHMENT 8
LETTER AGREEMENT
This Letter Agreement is entered into as of July , 2014, by and
between the City of Temple City ("City") and the Temple City Employees Association
("Association"). Concurrently with the execution of this Letter Agreement, the City and the
Association have entered into the "Agreement Between the Temple City Employees Association
and the City of Temple of City Regarding Implementation of Agency Shop Arrangement,"
("Agency Shop Agreement,") covering implementation of an agency shop arrangement,
pursuant to Section 3502.5 of the Californ ia Government Code.
The City and the Association agree to the following:
I. The City's Reliance upon Representations by the Association.
In accepting the terms of the Agency Shop Agreement, the City and the Association understand
and agree that the City is relying upon the claim by the Association that each of the obligations
imposed upon the City under the Agency Shop Agreement are compliant with applicable local,
state, and federal law.
2. The City's Reliance upon the Association's Promised Indemnification of the City.
In accepting the terms of the Agency Shop Agreement, the City and Association understand and
agree that the City is relying upon the claim by the Association that the indemnification provision
contained in Section 6 of the Agency Shop Agreement entitles the City to full and complete
indemnity by the Association for any claim arising from the City's compliance with the terms of
the Agency Shop Agreement, and that the City is further rel ying upon the Association's
representation that the Association, nor any of its officers, representatives or agents, shall
challenge in any manner the enforceability of the indemnity provisions contained in Section 6 of
the Agency Shop Agreement. The City and Association agree that any action taken by the
Association, its officers, representatives, or agents to seek to invalidate or in any manner
challenge the enforceability of the indemnification provi sion contained in Section 6 of the
Agency Shop Agreement shall entitle the City to pursue all available legal remedies along with
any resulting attorney fees and costs incurred by the City.
3. City Council Approval Required.
The City and the Association agree that the terms set forth in this Agreement shall take effect
following approval of both the Agency Shop Agreement and this Agreement by the City Council.
City of Temple City:
Dated: _______ _ By:-----~--------:------Donald E. Penman, Interim City Manager
Temple City Employees Association
Dated: _______ _ By: _________________ _
IRV 114828-6693-1 227 vi
RESOLUTION NO. 95·3430
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY ESTABLISHING GUIDELINES FOR THE
FORMATION AND RECOGNITION OF EMPLOYER·EMPLOYEE
RELATIONS ORGANIZATIONS
ATTACHMENT C
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City of Temple City wishes to establish policy concerning the formation of
employer-employee organizations and sets forth the following guidelines:
Article I -General Provisions
Section 1. Statement of Purpose.
This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the
State of California (Sections 8500 et seq.) captioned "Local Public Employee Organizations, • by
providing orderly procedures for the administration of employer-employee relations between the City
and any recognized employee organizations. However, nothing contained herein shall be deemed to
supersede the provisions of any applicable State law, City Charter, ordinances, resolutions and rules
which establish and regulate the merit and civil service system, or which provide for other methods of
administering employer-employee relations. This Resolution is intended, instead, to strengthen merit,
civil service and other methods of ad.rninistering employer-employee relations through the
establishment of Wliform and orderly methods of communications between employees, employee
organizations and the City.
It is the purpose of this Resolution to provide procedures for meeting and conferring in good
faith with any recognized employee organizations regarding matters relating to employment conditions
and employer-employee relations, including, but not limited to, wages, hours and other terms and
conditions of employment of employees in appropriate units and that are not preempted by Federal or
State law or the City Charter. 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. Nothing
herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters
of general legislative or managerial policy, which include among others: The exclusive right to
determine the mission of its constituent departments, commissions and boards; set standards of
service; determine the procedures and standards of selection for employment; direct its employees;
take disciplinary action; relieve its employees from duty because of lack of work, lack of funds,
reorganization or for other lawful reasons; maintain the efficiency of governmental operations;
determine the methods, means and personnel by which government operations are to be conducted;
contract or subcontract for any service, take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization and the technology of
performing its work. Actions subject to management's exclusive rights shall not be subject to any
grievance procedure. Further, nothing herein shall be deemed to abrogate existing City rules and
regulations regarding disciplinary procedures.
Resolution No. 95·3430
Page 2
Section 2. Definitions.
AB used in this Resolution, the following terms shall have the meanings indicated:
a. "Appropriate Unit" means a unit of employee classes or positions, established
pursuant to Article n hereof.
b. "City" means the City of Temple City, and, where appropriate herein, refers to the
City Council or any duly authorized City representative as herein defmed.
c. "Confidential Employee• means, as determined by the Employee Relations Officer, an
employee who, in the course of his or her duties, bas access to confidential information relating to the
City's administration of employer-employee relations or who assists and acts in a confidential capacity
to person(s) who formulate, determine and effectuate management policies in the field of employee
relations.
d. "Consult/Consultation in Good Faith" means to communicate orally or in writing for
the purpose of presenting and obtaining views or advising of intended actions.
e. "Day" means calendar day l.Ulless expressly stated otherwise.
f. "Employee Relations Officer• means the City Manager or his or her duly authorized
representative.
g. "Impasse" means that the representatives of the City and any recognized employee
organization have reached a point in their meeting and conferring in good faith where their differences
on matters to be included in a Memorandum of Understanding, and concerning which they are
required to meet and confer, remain so substantial and prolonged that further meeting and conferring
would be futile.
b. "Management Employee• means, as determined by the Employee Relations Officer, an
employee having responsibility for formulating, administering or managing the implementation of City
policies and programs.
i. "Proof of Employee Support• means (1) an authorization card recently and personally
signed and dated by an employee, or (2) a verified authorization petition or petitions recently signed
and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll
register for the period immediately prior to the date a petition is ftled hereunder, except that dues
deduction authorizations for more than one employee organization for the account of any one employee
shall not be considered as proof of employee support for any employee organization. The only
authorization which shall be considered as proof of employee support hereunder shall be the
authorization last signed by an employee. The words "recently signed" shall mean within one
hundred eighty (180) days prior to the ftling of a petition.
j. "Recognized Employee Organization• means an employee organization which has been
formally acknowledged by the City as the sole employee organization representing the employees in an
appropriate representation unit pursuant to Article ll hereof, having the exclusive right to meet and
confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby
assuming the corresponding obligation of fairly representing such employees.
Resolution No. 95·3430
PageS
k. •Supervisory Employee• means, as determined by the Employee Relations Officer, any
employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall,
promote, evaluate, discharge, assign, reward, or discipline other employees, or responsibly to direct
them, or to aqjust their grievances, or effectively to recommend any such action to the City Manager 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.
Article II .. Representation Proceedings
Section 3. Filing of Recognition Petition by Employee Organization.
An employee organization that seeks to be formally acknowledged as the exclusively
Recognized Employee Organization representing the employees in an appropriate unit shall file a
petition with the Employee Relations Officer containing the following information and documentation:
a Name and address of the employee organization.
b. Names and titles of its officers.
c. Names of employee organization representatives who are authorized to speak on behalf
of the organization.
d. A statement that the employee organization has, as one of its primary purposes, the
responsibility of representing employees in their employment relations with the City.
e. A statement whether the employee organization is a chapter of, or affiliated directly or
indirectly in any manner, with a local, regional, state, national or international organization, and, if so,
the name and address of each such other organization.
f. Signed copies of the employee organization's constitution and bylaws, and those of any
organization with which it is affiliated or otherwise associated, which shall be verified as true and
correct copies of the actual constitution and bylaws of said organization.
g. A designation of those persons, not exceeding two (2) in number, and their addresses,
to whom notice sent by regular United States mail will be deemed sufficient notice on the employee
organization for any purpose.
h. A statement that the employee organization has no restriction on membership based
on race, color, creed, ethnicity, sex, marital status, national origin. age, sexual orientation, or physical
or mental disability.
i. The job classifications or position titles of employees in the unit claimed to be
appropriate and the approximate number of member employees therein.
j. A statement that the employee organization has in its possession proof of employee
support as herein defmed 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
Resolution No. 95-3430
Page4
relations with the City. Such written proof shall be submitted for confirmation to the Employee
Relations Officer or to a mutually agreed upon disinterested third party. If the employee organization
has in its possession proof of employee support as herein defined to establish that not less than thirty
percent (30%) 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, and upon submission of
such written proof, the City may authorize an election.
k. A request that the Employee Relations Officer formally acknowledge the petitioner as
the Recognized Employee Organization representing the employees in the unit claimed to be
appropriate for the purpose of meeting and conferring in good faith.
The Petition, including the proof of employee support and all accompanying documentation,
shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized
officer(s) of the employee organization executing it to the best of such officer's knowledge and belief
after reasonable inquiry.
Section 4. City Response to Recognition Petition.
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
a. There has been compliance with the requirements of the Recognition Petition, and
b. The proposed representation unit is an appropriate unit in accordance with Section 8 of
this Article II.
If an aflirmative determination is made by the Employee Relations Officer on the foregoing two
matters, he or she shall so inform the petitioning employee organization, shall give written notice of
such request for recognition to the employees in the unit and shall take no action on said request for
twenty (20) days after notice is given. If either of the foregoing matters are not affirmatively
determined, the Employee RelatioOB Officer shall offer to consult thereon with such petitioning
employee organization and, if such determination thereafter remains unchanged, shall inform that
organization of the reasons therefor in writing. The petitioning employee organization may appeal such
determination in accordance with Section 10 of this Resolution.
Section 5. Open Period for Filing Challenging Petition.
Within twenty (20) 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 3 of this Article
II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations
Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more
appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the
Employee Relations Officer shall determine the appropriate unit or units in accordance with the
standards in Section 8 of this Article II. The petitioning employee organizations shall have flfteen (15)
days from the date notice of such unit determination is communicated to them by the Employee
Relations Officer to amend their petitions to conform to such determination or to appeal such
determination pursuant to Section 10 of this Article ll.
Resolution No. 95-3430
Page5
Section 6. Election Procedure
The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a
party agreed to by the Employee Relations Officer and the concerned employee organization(s), in
accordance with its rules and procedures subject to the provisions of this Resolution. All employee
organizations who have duly submitted petitions which have been determined to be in conformance
with this Article II 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 elections 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 Recognized Employee Organization for the
designated appropriate unit following an election or run·off election if it received a numerica.l majority
of all valid votes cast in the election. In an election involving three (3) or more choices, where non.e of
the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the
two (2) choices receiving the largest number of valid votes cast; the rules governing an initial election
being applicable to a run-off election.
There shall be no more than one valid election under this Resolution pursuant to any petition
in a 12-month period affecting the same unit.
Any election shall be conducted by the State Conciliation Service.
Section 7. Procedure for Decertification of Recognized Employee Organization.
A Decertification Petition alleging that the incumbent Recognized Employee Organization no
longer represents a majority of the employees in an established appropriate unit may be filed with the
Employee Relations Officer only during the month of March of any year following the fu-st full year of
recognition or during 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 less than three
(3) years, whichever occurs later. A Decertification Petition may be fl.led 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:
a The name, address and telephone number of the petitioner and a designated
representative authorized to receive notices or requests for further information.
b. The name of the established appropriate unit and of the incumbent Recognized
Employee Organization sought to be decertified as the representative of that unit.
c. An allegation that the incumbent Recognized Employee Organization no longer
represents a majority of the employees in the appropriate unit, and any other relevant and material
facts relating thereto.
Resolution No. 95-3430
Page6
d. 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 Recognized Employee
Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer 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 (SO) percent that includes the allegations and information
required under paragraph (c.) of the Section 7, and otherwise conforms to the requirements of Section
3 of this Article.
The Employee Relations Officer shall initially determine whether the Petition has been filed in
compliance with the applicable provision of this Article II. If this determination is in the negative, he
shall offer to consult thereon with the representative(s) of such petitioning employees or employee
organization and, if such determination thereafter remains unchanged, shall return such Petition to the
employees or employee organization with a statement of the reasons therefor in writing. The
petitioning employees or employee organization may appeal such determination in accordance
Section 10 of this Article II. If the determination of the Employee Relations Officer is in the
affrrmative, or if his or her negative determination is reversed on appeal, he or she shall give written
notice of such Decertification or Recognition Petition to the incumbent Recognized Employee
Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held
on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the
question of decertification and, if a Recognition Petition was duly filed hereunder, the question of
representation. Such election shall be conducted in conformance with Section 6 of this Article II.
During the •open period" specified in the first paragraph of this Section 7, the Employee
Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit
employees no longer wish to be represented by the incumbent Recognized Employee Organization, give
notice to that organization and all unit employees that he/she will arrange for an election 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 this Section 7, which the Employee Relations Officer shall
act on in accordance with this Section 7.
If, pursuant to this Sec. 7, a different employee organization is formally acknowledged as the
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, but, in no case, for any term
which exceeds three (3) years.
Section 8. Policy and Standards for Determination of Appropriate Units.
The policy objectives in determining the appropriateness of units shall be the effect of a
proposed unit on (1) the efficient operations of the City and its compatibility with the primary
responsibility of the City and its employees to effectively and economically serve the public, and (2)
providing employees with effective representation based on recognized community of interest
considerations. These policy objectives require that the appropriate unit shall be the broadest feasible
grouping of positions that share an identifiable community of interest. Factors to be considered shall
be:
Resolution No. 95-3430
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a Similarity of the general kinds of work performed, types of qualifications
required, and the general working conditions.
b. History of representation in the City and similar employment; 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.
c. Consistency with the organizational patterns of the City.
d. 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.
e. Effect on the classification structure and impact on the stability of the
employer-employee relationship of dividing a single or related classification among two or more units.
Notwithstanding the foregoing provisions of this Section, managerial, supervisory and
confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining factors in
establishing appropriate units hereunder, and therefore such managerial, supervisory and confidential
employees may only be included in units that do not include non-managerial, non-supervisory and non·
confidential employees. Managerial, supervisory and confidential employees may not represent any
employee organization which represents other employees. Except as specifically provided, this section
does not otherwise limit the right of employees to be members of and to hold office in an employee
organization.
The Employee Relations Officer shall, after notice to and consultation with affected employee
organizations, allocate new classifications or positions, delete eliminated classifications or positions, and
retain, reallocate or delete modified classifications or positions from units in accordance with the
provisions of this Section.
Section 9. Procedure for Modification of Established Appropriate Units.
Requests by employee organizations or individual employees for modifications of established
appropriate units may be considered by the Employee Relations Officer only during the period specified
In Sec. 7 of this Article IT. Such requests shall be submitted in the form of a Recognition Petition and,
in addition to the requirements set forth in Sec. 3 of this Article, 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 Sec. 8 hereof. The Employee Relations Officer shall process such petitions as
other Recognition Petitions under this Article IT.
The Employee Relations Officer may on his/her own motion propose during the period specified
in Sec. 7 of this Article that an established unit be modified. The Employee Relations Officer shall give
written notice of the proposed modi.fication(s) to any affected employee organization and shall hold a
meeting concerning the proposed modification(s), at which time all affected employee organizations
shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the
appropriate unit or units in accordance with Sec. 8 of this Article ll, and shall give written notice of
such determination to the affected employee organizations. The Employee Relations Officer's
determination may be appealed as provided in Sec. 10 of this Article. If a Wl.it is modified pursuant to
the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file
Recognition Petitions seeking to become the Recognized Employee Organization for such new
appropriate unit or units pursuant to Sec. 3 hereof.
Resolution No. 95-3480
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Section 10. Appeals,
An employee organization aggrieved by an appropriate unit determination of the Employee
Relations Officer under this Article n may, within ten (10) days of notice thereof, request the
intervention of the California State Conciliation Service pursuant to Government Code Sections 3507.1
and 3507.3, or may, in lieu thereof or thereafter appeal such determination to the City CoWlcil for final
decision within fifteen (15) days of notice of the Employee Relations Officer's determination or the
termination of proceedings pursuant to Government Code Sections 3507.1 and 3507.3, whichever is
later.
An employee organization aggrieved by a determination of the Employee Relations Officer that
a Recognition Petition (Sec. 3); Challenging Petition (Sec. 5); or Decertification of Recognition Petition
(Sec. 7) --or employees aggrieved by a determination of the Employee Relations Officer that a
Decertification Petition (Sec. 7) --has not been filed in compliance with the applicable provisions of this
Article may, within fifteen (15) days of notice of such determination, appeal the determination to the
City Council for final decision.
A unit designated by the Employee Relations Officer need not be the •most appropriate• or
•more appropriate, • but need only be •appropriate. • If •appropriate, • then the Employee Relations
Officer's designation should be upheld. If not •appropriate, • then on appeal an appropriate unit shall
be determined.
Appeals to the City Council shall be ffied in writing with the City Clerk, and a copy thereof
served on the Employee Relations Officer. The City CoWlcil 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 the substance of the dispute shall be
final and binding.
Article ill -Administration
Section 11. Submission of Current Information by Recognized Employee Organizations.
All changes in the information flled with the City by a Recognized Employee Organization
under items (a.) through (h.) of its Recognition Petition under Sec. 3 of this Resolution shall be
submitted in writing to the Employee Relations Officer within thirty (30) days of such change.
Section 12. Pavroll Deductions on Behalf of Employee Organizations.
Upon formal acknowledgment by the City of a Recognized Employee Organization under this
Resolution, only such Recognized Employee Organization may be provided payroll deductions of
membership dues and insurance premiUIDB for plans sponsored by such organization upon the written
authorization of employees in the unit represented by the Recognized Employee Organization on forms
provided therefor by the City or other forms approved by and acceptable to the City. Payroll
deductions is a topic which may be subject to future negotiations with a Recognized Employee
Organization. The providing of such service to the Recognized Employee Organization by the City shall
be contingent upon and in accordance with the provisions of Memoranda of Understanding and/or
applicable administrative procedures.
Resolution No. 95·3430
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Section 13. 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 the 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 such intemal employee organization business as soliciting
membership, campaigning for offic.e, and organization meetings and elections, and shall not interfere
with the efficiency, safety and security of City operations.
Section 14. Administrative Rules and Procedures.
The City Manager is hereby authorized to establish such rules and procedures as appropriate
to implement and administer the provisions of this Resolution after notice to and consultation with any
Recognized Employee Organizations.
Article IV ·· Impasse Procedures
Section 15. Initiation of Impasse Procedures.
If the meet and confer process has reached impasse as defined in this Resolution, either party
may initiate the impasse procedures by filing with the other party a written request for an impasse
meeting, together with a statement of its position on all issues. An impasse meeting shall then be
scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be:
a. To review the position of the parties in a final effort to reach agreement on a
Memorandum of Understanding; and
b. If the impasse is not resolved, to discuss arrangements for the utilization of the
impasse procedures provided herein.
Section 16. Impasse Procedures.
Impasse procedures are as follows:
a. If the parties agree to submit the dispute to mediation, and agree on the
selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be
private. The mediator shall make no public recommendation, nor take any public position at any time
concerning the issues.
b. If the parties fail to agree to submit the dispute to mediation or fail to agree on
the selection of a mediator, or fail to resolve the dispute through mediation within fifteen (15) days
after the mediator commenced meeting with the parties, the parties may agree to submit the impasse
to fact·finding.
c. If the parties agree on fact· finding, they may agree on the appointment of one
or more fact-finders. If they fail to so agree on one or more fact·finders, a fact·fmding panel of three
(3) shall be appointed in the following manner: One member of the panel shall be appointed by the
Employee Relations Officer, one member shall be appointed by the Recognized Employee Organization,
and those two shall name a third, who shall be the chairperson. If they are unable to agree upon a
Resolution No. 95·3430
Page 10
third, they shall select by agreement the third member from one or more lists of seven (7) names of
individuals having fact-finding experience in the municipal sector to be provided by the State
Conciliation Service.
The following constitute the jurisdictional and procedural requirements for fact·fmding:
(1) The fact-finders shall consider and be guided by applicable Federal and State laws and
Charter provisions.
(2) Subject to the stipulations of the parties, the fact·fmders shall determine and apply the
following measures and criteria in arriving at their fmdings and recommendations:
(a) First, as relevant to the issues in dispute, the fact-finders shall compare the
total compensation. hours and conditions of employment of the employees involved in the fact-finding
proceeding with the total compensation. hours and conditions of employment of other employees
performing similar services in public and private employment in the same and comparable communities.
"Total compensation• shall mean all wage compensation. including but not limited to premium,
incentive, minimum, standby, out-of-class and deferred pay; all paid leave time; all allowances, including
but not limited to educational and uniform benefits; and employer payments for all health, welfare and
pension benefits.
(b) The fact·fmders shall then a£ljust the results of the above comparisons based
on the following factors:
(i) The compensation necessary to recruit and retain qualified personneL
(ii)
positions within the City.
Maintaining compensation relationships between job classifications and
(iii) The pattern of change that bas occurred in the total compensation of
the employees in the unit at impasse as compared to the pattern of change in the average •consumer
price index• for goods and services, and the pattern of change in wages and compensation of other
wage earners.
(c) The fact·finder(s) shall then determine preliminary recommendations based on
the comparisons as adjusted above which, however, shall be reduced as appropriate based on the
financial resources of the City to implement them. In assessing the City's financial resources, the
fact·fmder(s) shall be bound by the following:
(i) Other legislatively determined and projected demands on agency
resources, i.e., budgetary priorities as established by the governing body; and
(ii) Allowance for equitable compensation increases for other employees
and employee groups for the corresponding fiscal period(s); and
(iii) Revenue projections not to exceed currently authorized tax and fee
rates for the relevant fiscal year(s); and
(iv) Assurance of sufficient and sound budgetary reserves; and
Resolution No. 95·3430
Pagell
(v) Constitutional, statutory and charter limitations on the level and use of
revenues and expenditures.
(3) The fact-finder(s) shall make written fmdings of fact and recommendations for the
resolution of the issues in dispute, which shall be presented in terms of the criteria, adjustments, and
limitations specified above. Any member of a fact·fmding panel shall be rux:orded the right to file
dissenting written fmdings of fact and recommendations. The fact-finder or chairperson of.the fact-
fmding panel shall serve such findings and recommendations on the Employee Relations Officer and the
designated representative of the Recognized Employee Organization. If these parties have not resolved
the impasse within ten (10) days after service of the fmdings and recommendations upon them, the
fact-finder or the chairperson of the fact·fmding panel shall make them public by submitting them to
the City Clerk for consideration by the City Council in connection with the Council's legislative
consideration of the impasse.
d. If the parties did not agree on mediation or the selection of a mediator and did not agree on
fact-fmding, or having so agreed, the impasse has not been resolved, the City Council may take such
action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any
legislative action by the City Council on the impasse shall be final and binding.
Section 17. Costs of Impasse Procedures.
The costs for the services of a mediator and fact-finder or chairperson of a fact-finding panel
utilized by the parties, and other mutually incurred costs of mediation and fact·finding, shall be borne
equally by the City and Recognized Employee Organization. The cost for a fact-finding panel member
selected by each party, and other separately incurred costs, shall be borne by such party.
Article V -Miscellaneous Provisions
Section 18. Construction.
This Resolution shall be administered and construed as follows:
(a) Nothing in this Resolution shall be construed to deny to any person, employee,
organization, the City, or any authorized off1eer, body or other representative of the City, the rights,
powers and authority granted by Federal or State Jaw or City Charter provisions.
(b) This Resolution shall be interpreted so as to carry out its purposes as set forth in
Article I.
(c) Nothing in this Resolution shall be construed as making the provisions of California
Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees
or employee organizations the right to participate in, support, cooperate or encourage, directly or
indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration
of and as a condition of initial and continued employment by the City, employees recognize that any
such actions by them are in violation of their conditions of employment except as expressly otherwise
provided by legally preemptive State or contrary local Jaw. In the event employees engage in such
actions, not protected by legally-preemptive State or contrary local law, they shall subject themselves
to discipline up to and including termination, and may be permanently replaced; and employee
organizations may thereby forfeit any rights accorded them under City Jaw or contract.
Resolution No. 95-3430
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Section 19. Severability.
If any provision of this Resolution, or the application of such provision to any persons or
circumstance, shall be held invalid, the remainder of this Resolution, or the application of such
provision to persons or circumstances other than those as to which it is held invalid, shall not be
affected thereby.
Section 20. Right to Organize or Refuse to Join.
Except as otherwise provided by the Legislature, City employees shall have the right to form,
join, and participate in the activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations. City employees also shall have the right
to refuse to join or participate in the activities of employee organizations and shall have the right to
represent themselves individually in their employment relations with the City.
Section 2L Discrimination Prohibited.
It shall be prohibited for any City agent to interfere with, intimidate, restrain, coerce or
discriminate against City employees because of their exercise of their rights Wlder Government Code
Section 3502.
Section 22. Notice.
Except in cases of emergency as provided in this section, the City shall give reasonable written
notice to each recognized employee organization affected of any ordinance, rule, resolution, or
regulation directly relating to matters within the scope of representation proposed to be adopted by
the City and shall give such recognized employee organizations the opportunity to meet with the City.
In cases of emergency when the City determines that an ordinance, rule, resolution or
regulation must be adopted immediately without prior notice or meeting with a recognized employee
organization, the City shall provide such notice and opportunity to meet at the earliest practicable time
following the adoption of such ordinance, rule, resolution, or regulation. Nothing in this Section shall
be interpreted to provide any greater rights than provided by Chapter 10, Division 4, Title 1 of the
Government Code of the State of California (Sections 3500 et. ~
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution.
APPROVED AND ADOPTED this 29th day of June, 1995.
ATTEST:
/
J /7 A.-
City 6lerk
MAYOR PRO TEM
,
l/' 7'
Resolution No. 95·3430
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I hereby certify that the foregoing resolution, Resolution No. 95-3430 was duly adopted by the
City Council of the City of Temple City at a special meeting held on the 29th day of June, 1995.
AYES:
NOES:
ABSENT:
Councilman· Budds, Gillanders, Souder, Wilson
Councilman· None
Councilman· Breazeal
City Clerk