Loading...
HomeMy Public PortalAbout82-053 (04-06-82)., ' ~ ~..~ _ ~ ,ti. • e h ~n ot~ ~ RESOLUTION NO. ~2-F3 .{4t- Revisec7`'~ .4/~~~L?2 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~F LYNw~OD APPROVING PROCEDURES FOR THE ADMINISTRATION OF I ~~ EMPLOYER-EMPLOYEE RELATIONS. Tf?L COUNCIL JF THE CITY OF LYNWO~OD DOES HEREBY RESOLVE AS i FOLLOWS: ' i • i I ARTICLE I -- GENERAL PROVISIONS Sec. 1. Statement of Purpose. f This resolution implements Chapter 10,' Division 4, Title 1 i of the Government Code of the State of California (SActions 35Cu et set.} captioned "Local Public Employee Organizations," by provicng oraPrly procedures for the administration of employer-~:mployee relations between the City and its employee '~ organizations. However, nothing contained herein shall be ~ deemed to supersede the provisions of 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 ~3 mer:}, civil service and other met:~ods of; administering employer-employee relations through the establishment of uniform and orderi~ methods of communications between emYloyF,es, employee organizations ar~d the~City. • - ?"t 's the purpose cf this Resolution to provide procedures for meecing aad cGnferring in good faith with Recognized Employee Grganizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employe?s i. -+ approprizte units 3.nd i that are~not pre~mpted:by E'ederal or State law (or the City Charter). However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights as set forth in Section 16 hereof. i Sec. 2. Definitions. As used in this Resolution, the following terms shall have the meanings indicated: i a. "Appropriate Unit" ;r:eans a unit of employee classes or positions, established 'pursuant to Article II hereof. b. "'City",means the City of Lynwood, and where appropriate herein, refers to the~City Council or any duly authorized City representative as herein defined. c. "Confidential Employee" means an .employee so designated from time t~ time, who, in the course of his or her duties, has zccess to information relating to the City's administration of employer-employee relations. ~y . d. "Consult/Consultation in Good Faith" means j to communicate orally or in writing for the purpose of presenting and obtaining views orladvising of intended I actions; and, as distinguished frim meeting and conferring in good faith regarding matters within the ~~_ required scope of such meet and clnfer process, does not involve an exchange of proposals and ti counterproposals in an endeavor tI reach agreement, I nor .is it subject to Article IV hereof. e. "Day" means calendar day unless expressly stated otherwise. f. "Employee Relations Of icer" means the City Manage-r o.r his duly authorized representative. g. "Impasse" means that the representatives of I the City and a Recognized Employee Organization have reached a point in their meeting and conferring in -2- `\ ~~ I ~ , ~ ~,- 1:-. ` I :I~ ICI II ~ l.l` I ~: /. ~ J good faith when their dif:cerences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further. meeting and conferring would be futile. h. "Management Supervisory~Employee" means ar, employee having responsibility for formulating, administering or managing the implementation of City policies or programs, including employees employed as department and division heads or such other employees so designated because of their supervisory responsibilities. ~ i. "Meet and Confer" means performance by duly authorized City representatives and duly authorized representatives of an employee organization recognized as the majority representative of their mutual obligation to meet at reasonable times and to conf:~r , in good faith regarding matters within the scope of ' ~~- ~ representation including wages, hours, and other terms and conditions of employment, in an effort to: (1) Reach agreement on those matters within the authority of such representatives, and (2)., reach agreement 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 aEconcession i j. "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization < petition or petitions recently signed and personally dated by an employee, or {3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizaaions for more than one employee organization .. ,, =.': ~, . .~ .. ' for the account of any one employee shall not be considered as prc,of 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 filing of a petition. k. "Recognized 'Employee Organization" means an employee organization which has been formally acknowledged by the City as the employee organization that represents the employees inlan appropriate representation unit pursuant to Article II hereof. ARTICLE II. -- REPRESENTATION PROCEEDINGS Sec. 3. _Filing of Recognition Petition By Em lovee -- - ---- Organization. An employee organization that seeks to be formally acknowledged as the 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. i b. Names and titles of its officers. c. Names of employee organization representatives who are authorized to speak on behalf of the organization and address to which all communications may be directed. d. A statement that the employee organization has, as one of its primary purposes, representing em to ees in their em to P Y p yment relations with the City. .. -4- . ~ ~ ,. 1 ,. .-;. ~; ,. e. A statement whether the,Pmployee 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. i . f. Certified copies of thelemployee organizat.ion's constitution and by-laws. g. A designation of those persons, not exceeding two in mumber, and their addresses, to whom ,,~ notice sent by regular United Staites 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, sex or national origin. i. the iob:~:classifications or 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 ~~~suport as herein defined to establish that a majorlity of the employees in the unit claimed to be appropriiate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to tide Employee Relations. Officer or toia mutually agreed upon disinterested third party. I k. A request that the Employee. Relations Officer "fomall acknowled a the y g petitioner as the i 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 all accompanying documents, shall. 4 be declared to be true, correct and comn'eite. under penalty of -5- I .,, i { • - , ., -- ~ , ,, ~:•., perjury, by the du.:Ly :a:uthorized officer(s) iof the employee organization executing it. ~ Sec. 4. Cit Res onse to Reco nition Petition. Upon receipt of the Petition, the Employee Relations Officer shall determine whether: , a. There has been compliance with the requirements of the Recognitior. Petition, and b. The proposed representation unit is an i appropriate unit in accordance with Sec. 8 of this Article II. , If an affirmative determination is mad? by. the Employee Relations Officer on the foregoing two matters, h'e shall so inform the petitioning employee organizati,on,.shall give written notice of such request for recogni*_ion to the employees in the unit and shall formally acknowledges the organization as the Recognized Employee Organization. Such detz:rmination shall be approved by the City Council at its next meet-'ng. If either of the foregoing matters are not affirmatively deter:ained, thy: Employee Relations Officer shall offer to ;consult thereon with such petitioning employee organization, and, if -such determination thereafter remains unchanged, shall inform that organization of the reason s_ therefor in writing. ~i'ti.e petitioning employee organization may appeal such determination in accordance with Sec. 10 of this Resolu ion. --_-- --~- ,:ti--< Sec. 5. Open__Peri_od for Filing Challenging Petition. 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 acknowl~ed'ged as t°he recogni•zed employee organization of the employees. in .the same or in an overlapping unit tone which corresponds with respect to some but not ill the. classifications or positions set forth i.n~the recognition -6- ~ e 1 .1 L ~. . ` ~ 1 I I .. 1 4, petition :~eing challenged), by filing a petiit~on 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 Sec. 3 of this Article II. If such ~. challenging petition seeks establishment of an over-lapping unit, the Employee Relations Officer shalllcall for a hearing on such over-lapping 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 Sec. 8 of this. Article II. The petitioning employee orgaiizations shall have fifteen (15) days from the date notice of such unit I determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determinatiion pursuant to Sec. 10 of this Article II. Sec. 6. Election Procedure. j If a challenging petition is filed insaccordance with Sec. 5 hereof, the Employee Relations Officer slhall arrange for ~a secret.bailot election to be conducted .byia 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 hive been determined to be in conformance with this~Article II shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. Employee 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 i.liness, vacation ~r other authorized -7- h ~' ~, ;~ ,'~: 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 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 or the valid votes cast, a run-off election shall be conducted between the.twb choices receiving th,e largest number~o=f valid: vo es 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 challenging petition in a 12-month period affecting the same unit.. In the event that the parties are unable to~agree on a . third..,party to conduct an election, the election shall be conducted by the American Arbitration Association. Boa is cf :conducting elections shall be borne ,:in equal share by the City and by each employee organization appearing on the ballot. ' ~e c, 7. Procedure for Decertification of Recognized Em to ee Or anizaton. A~ Decertification Petition alleging tYiat the incumbent Recognized Employee.Organization no longer, represents a majority of the employees in an established appropriate unit may be fled_with the Employee Relations Officer only during. the month of January of any year"following. the first full year of zecognition or during the thirty (30) day period commencing, - one hundred eighty (180') 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 filed by two or~more employees ' or their representative; or an employee organization, and shall contain the following information a.nc~ ~r?nC:~~?^°nt.~`-,gin ~~ci.a,-Pd by -8- . ~~ i ~~~~ i :ir .. H ~ the duly authorized signatory under penalty of perjury to be • true, correct and. completer 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~decertitied 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. d. Proof of employee support that a. majority of the .:employees in she establi hed;appropriate unit no longer desire to ba rPpre-ented by the incumbent Recognized Employee Organization. Such proof shall be . submitted for confirmation tc the Employee Relations Officer or to a mutually=agreed upon disinterested ` third party. An employee organization may file a Petition under this section in the~form of a Recognition. Petition that conforms to -the requirements of Sec. 3 of this Article in satisfaction of the Decertification Petition requirements hereunder. The Employee Relations Officer shall initially determine whether the Decertification Petition or Recognition Petition, if any, have .been filed in compliance with the applicable provisions of this Article II. If his determination is in the negative, he shall offer *o consult thereon with the representative(s) o~ such petitioning, employees or employee organization, and, if such determination thereafter remains unchanged, shall return such Petitions} 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 with Sec. 10 of -9- 1 .,_ "! ~ - ~~ , .~~ 1 this Article II. If the deter:~nination of the EinFloyee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he 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 f fifteen (15 ) days after such notice to determine the wishes of unit employees as to the question of decertification, and., if an accompanying Recognition Petition was duly filed, and, in the. event decertification of the incumbent Recognized Employee << Organization is voted, the question of representation. ,.Such. election shall be conducted in conformance with Sec. 6 of this Article II. Sec. 8. Policy and Standards for Determination Qf A ro riate Units. The basic policy objectives in determing 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 sha~.l be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to ,be considered shall be: 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 -10- unit. have organized. ' cf. Consistency with the organizational patterns ~. Hof the City.; ' d. Number of employees and class~ificat-ions, and the effect on the administration ,of employer-employee relations created by the fragmentztion of classifications .and proli.feratiori of units.' Management and supervisory employees shall only be included ' in a unit consisting solely of .management and supervisory ` employees, and such unit shall not be represented by a Recognized Employee.Organi:zation that represents non-management, non-supervisory employees 'of the City. 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. " ;. Sec. 9.. Procedure for Modification of Established Appropriate Units.. , Requests by employee organizations for modifica-tions of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Sec. 7 of this Article II. 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.Il. " The Employee Relations Officer may on :his own motion propose during the period specified in Sec.. 7 of this Article, that an established unit be modified. The Employee Relations , -11- .. ... _ ...:.._ _--1 " x ,, ~ ~ ~ - __ . h ~ ~ ~ Off~ce.r shall give written notice of the proposed modification(s) to any affected employee organisation 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 II, 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 Section 10 of this Article. If a unit is modified pursuant to th,~ 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. Sec. 10. A~oeals. An employee.•organization aggrieved by an appropriate unit determination of~the Employee Relations Officer under this Article II may,:within ten (lOJ days of notice thereof, request the interventicn:of tie 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 Council 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 or 3507.3, whichever is later. ti An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Sec. 3); Challenging Petition. (Sec. 5) or Decertification PetitionA (;Sec.. 7) -- or employees aggrieved by a determination of the Employee Relations Officer that a Decertification .Petition (See. 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. -12- .. . ~ ;,, ,., ,. ! • N ~ 1 Appeals~to the Ci-ty, Council-shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. 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 action of such procedure, with; or without any decision of the City Council determining the substance of the dispute, shall be final and binding. ARTICLE III -- ADMINISTRATION Sec. 11. Submission of Current Information by Recognized Employee Organizations. All changes in the information filed '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 Re.'_ations Officer within fourteen (14) days of such change. 3n add~.tion, on or before April 1 of each year, each Recognized ~rployee. Organization shall file a statement of organization setting forth the name of its officers, negotiating :representatives and financial information indicating ability to~pay the estimated costs provided for in Section 17 hereof. Sec. 12. Payroll Deductions on Behalf of Em loyee Or anizations. ~ Upon formal acknowledgement 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.. premiums for plans sponsored by such organization upon tree written authorization of emp~loyees~in the unit represented by Recognized Employee Organization on forms provided therefor by the City. The providing of such service to the Recognized Employee Organization by the City shall be contingent upon and in -13- ~~ s~ ~ r.t i ~ . h ~ accordance with the provisions of Memoranda of Understanding and/or applicable administrative procedures. Sec. i3 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 trze extent provided for in Memoranda of Understanding andjor administrative procedures, shall be limited to activities pertaining directly to the employer~mployee relationship rand riot such internal employee organization business as soliciting membership, campaigning for office, and organizatioaz meetings and elections, a~ld shall not interfere with the efficiency, safety and security of~City operations. Sec. 14 Administrative Rules and~Procedures. The:,Ciy,'TManager is hereby authorizled to establish such rules and procedures as appropriate to implement and administer z: the provisions of this Resolution after consultation with affected employee organizations. . Sec. 15 Employee Rights. Employees of the City shall have tie right to form, join ~~ and participation in the acitivies of e~ployee organizations of their own choosing--for-the purpose of representation onyall matters of employer-employee relations including but not limited to wages, hours and other terms and conditions of employment. Employees of the City 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. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his exercise of these rights. -14- w! r" N anizations may establi reasonable #~ ~ '4 i.. i restrictions regarding who may join and make reasonable prow-s ions for the dismissal of individuals from membership. Sec. 16. City _Ri_ghts. The rights of the City are to determine the mission of its constituent departments, commissions and boards; se t. standards of service; determine the procedures and standards of selection j for employment, promotion and demotion; direct its employees; take disciplinary action; relie~ae its emol~oyees from duty because of lack of work or for other legitimate reasons; ~ ' maintain the efficiency of governmental~cp'erations; determine the methods, means and personnel by which government operations are to be conducted.; determine the cc-n tent~of job j ~. classifications; take all'necessary action`s to carry out its mission in emergencies; and exercise complete control and ~t _. -- . u. ~ ~ ; discretion over its organization and the`technology of performing its work.. The scope of represeitation shall not include consideration of the merits, necessity, or organization of any service or~activity provided by~law~or executive ,order. The exercise of such rights does not preclude employees or their authorized representatives from mee~~ing and consulting l about the consequences that decisions on tiese matters-mays have on wages, hours, and other terms and conditions of employment. i i ~ Sec. 17. Consultation In Good Faith -;.Scope. All matters affecting employer-employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The CityP through its representatives, shall consult in good faith with representatives of all recognized employee organizations on employer-employee relations matters which ~ffect them. Proposed amendments to this resolution areiincluded in the Scope of Consultation in Good Faith. -15- I _... ...... .. _.....-._. ,. ...m_ _-........._..,. a " y ~ ..5 ~ ` ' ~ 'i ~ q ~ vP , . - .r, w ~ ` .. " 6 Sec. 18. Advance "tdotice. ~ . . Reasonable written notice shall be given to each recognised I employee organization affected by any ordinance, rule,-. _ , resolution, or regulation cairectly relating to matter's within i the scope of representation proposed to be ;adopted by the City Council or by any-board or commission of the City, and each shall be given the opportunity to meet with such body prior to adoption. ~ f Sec.. 19. Meet and Confer On Good Faith - Scope.. ~ ' a The City, through its representatives, shall s meet and confer in good faith with representatives of ' formally. recognized employee organizations with ` recognized representation rights regarding matters within the scope of representation including-wages,.. . 4 " hours and other terms and conditions of employment within the appropriate unit. " b The City shall not be required to-meet and- ,confer in-good. faith on any subject preempted. by Federal or State. law, nor shall it be required to meet and confer in good faith on employee or City Rights as defined in Sections 4 and 5. Proposed amendments to. this resolutions are. excluded from the scope of ` meetings and confering ARTICLE IV -- IMPASSE PROCEDURES " Sec. 20. Initiation of Impasse Procedures. t If the meet and"confer process has reached impasse as defined in this Resolution, either party m~y initiate"the ~. impasse procedures by filing with the other party a written i request for an impasse meeting, together with a statement of its. position on al.l disputed issues. An impasse-meeting shall -16- i ,, h °.~,~ V ' , . F ~ then be scheduled promptly by the Employee` Relations Officer.` P The purpose of such impasse meeting shall be: a. To identify and specifyfin writing the issue. or issues that remain in dspute.l b. ~ review the position of the- parties in a i final effort to resolve such disputed issue or issues;. . and ~ . c. If the dispute is 'not. resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Sec. 20. Impasse Procedures. G i ~ ' Impasse procedures are-as follows: ~ ' a. If the parties agree toy.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 ... ~. - t time concerning the issues. ~ b. If the parties failed t'o agree to submit the dispute to,med.iation or failed to agree on the selection of a mediator, or fele',d 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.' ti 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-finding 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 chairman. Zf they are -i7- I ._ ~ ~ ___~ 1 - . ( ~ - • ~~' ~' ~3 . .~ ~ a . unable to agree upon a third,. they shall sel{:ct by. agreement the third member from one-or more. lists of ' names to~be provided by,the.American Arbitration . Association. The following constitute the jurisdictional and procedural requirements for fact-finding: (1) The fact-finders shall consider and be ' guided by applicable Federal and State laws (and t Charter provisions). (2) jubject to the stipulations of the parties, the fact-finders shall .determine and apply . the following measures and criteria in arriving at their findings and recommendations: r . (a) As relevant t~ the issues in dispute, the fact-finders shall compare the total compensation., hours and conditions of employment of the employees ,_nvolved in the fact-finding proceeding ~, - with the total compensation, hourss and conditions of I ' 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,- j out-of-class and deferred pay; all paid leave time; all allowances, including but not limited to - educational and uniform benefits;~medcal and i ~hospitaiization benefits; and insurance, pension and welfare benefits. i (b) The. fact-finder shall then adjust the results of the above-comparisons based on the following factors: ~ - I . (i) Equitable employment benefit relationships between job classifications and . positions within the City. I -. . ~ ~ ~ j iG~ . _ y ' ' ~ _ {ii) The pattern of change that has occurred in the total compensation. of the - " ~ employees in the unit as impasse as compared to the ` pattern of change in the average consumer price ,index for goods and services, commonly known asthe cost of living index. (iii) The benefits of job i stability and continuity of employment. ~ ~. . (iv) The difficul~t,y, or lack thereof, of recruiting and retaining qualified . personne 1. ~ ~ . - (c) The fact-finder(s) s~haY'1 then determine recommendations based on the cUmaarisons as • _ adjusted above subject to the financial resources of the City to implement'them,.taking into accoun to o (i) Other legislatively determined and projected demands on agency.-resources, and ~ • { (ii) Assurance of surf'fiLient and sound budgetary reserves, and . {iii) Statutory {and charter) limitations on tax and other revenues and expenditures. ~~ • (3) The fact-finders}~ shall make written r " findings of fact and recommendations for the~~ 4 resolution. of the issues in dispute, which--shall be " presented in terms of the criteria, adjustment; and limitations specified above. Any member of a , fact-finding panel shall be accorded the right to fil e ' dissenting written findings of fact and recommendations. The fact-finder or chairman of the fact-finding 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 -19- i z i ~ - .. - _..r '~ ~ .. ,~ ~ !~ ~ ~, ,~ ~ ' ,,.- ~i .~ ,~ ~. ., service of the findings and recommenda~:ions upon them, the fact-finder or the chairman of the fact-finding 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 issues at impasse. d. If the parties agreed to submit the impasse directly to the City Council, or if the parties did not agree on mediation or the selection of a mediator and did not agree on fact-finding, or having so agreed, the impasse has not been resolved through such mediation and/or fact-finding, the City Council shall i take such action regarding the impasse as it in its i discretion deems appropriate as i'n the public interest. Any legislative action~by the City Council on the impasse shall be final and., binding. Sec.. 22. Cost of Impasse i Procedures. -- f The costs for- the services of a mediator and fact-finder or chairman 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 the 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.. ti ARTICLE V -- MISCELLANEOUS PROVISIONS Sec. 23. 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 officer, -20- ,,,, - , . ,• ..~ '.~ ~ i,, ~, ill t,' j ~~ ~i~~ body or other representative of the City, the rights, powers and authority granted by Federal or State law (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 constr~ied 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 the event employees engage in such actions, ,'they shall subject "themselves to discipline up to and including termination and may be deemed to have abandoned their employment; and employee organizations may thereby forefeit all rights accorded them under this Resolution and other City law for a period up to one (1) year from commencement of such activity. Sec. 2~. Severability. If .any provision of this Resolution, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Resolution,. or the application of such provisim to persons or circumstances other than-.those as to which it is held invalid, shall not be affected thereby. Sec. 25. Re eal of Prior Resolution. This Resolution is intended to replace Resolutions No's 69-26 and 78-17 which are hereby repealed. Any reference to I -21- :.,' ~, 'i' ~ '"} such Resolutions shall. be treated in all respects as a reference to this Resolution.. PASSED, APPROVED and ADOPTED this 6th day of April 1982. _: ~ ~. G~. - ~ Ma or, City © Lynwood AT EST : ~^.. ~ ~P1 L~a~. e e Coffey, ; City Clerk, City of Lynwood APPROVED FORM: Da id R. cEwen City Attorney APPROVED TO CONTENT: Sandra Chapek Personnel Manager :~•• .. r' .. ~ . i'* , STATE OF CALIFORNIA ) ss. COtTNTY OF LOS ANGELES ) a r ~ ' I, the undersigned, City Clerk of the City of LynwcSod, do hereby certify that the .foregoing resolution teas passed snd adopted by the City Council of the City of Lyrwond at a regular meeting held on the 6.th day of April 1982. ~~~ AYES: Councilmen Green, Morris, Rowe, Thompson, Byork NOES : None ASSENT: None V l~t~! ~ C~ ~~ . City Clerk, City of Lyny'~oci'd /