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HomeMy Public PortalAbout2002.103 (07-16-02), ti ~ RESOLUTION NO ?002.103 ~~ EMPLOYER-EMPLOYE~ RELATIONS RESOLUTION ~: n ~ r , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LYNWOOD. ,. 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 (Seetions 3500~ et. 9ec~.Jcaptioned "Local PLiU11C Employee Organizations," by providing orderly procedures for the i~ administration of employer-employee relations between the Gity and its employee a , organizations. However, nothmg contamed herein shall be deemed to supersede the provisions of State law, City ordinances, resohitions and niles which establlsh and regulate the merit and civil service system, or which provide for other methods of adnlinistenng employer-employee relatlons This Resolution is intended, instead, to ~ , strengthen merit, civil service and other methods of adminlstering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organlzations and the City , It is the pLtrpose of this Resolution to provide procedures for meeting and ` conferring in good faith with Recognized Employee Organizations regarding matters that ~°~ ~ directly affect and primarily involve the wages, liours and other terms and conditions of employment of employees in appropnate units and that are not preempted by Federal or State Law However, nothing herem shall be construed to restrict any legal or inherent , 1 exclusive City nghts with respect to matters of general legislative or managerial policy, which inchide among .others; The exclusive right to determine the mission of its constituent departments, cornmissions and boards; set standards of service, determme the procedures and standards of selection. for employment; direct its employees, talce , ` disclplinary action, relieve Its employees from duty because of lacl~ of worlc or for other legitimate ~reasons, maintain the efficiency o~f govemmental operations; deterinine the nlethods, means and personnel by which government operations are to be conducted, talce all necessary actions to carry out•its mission m emergencies, and exercise complete control and discretion over its organization and the technology of performing its worlc SECTION 2 DEFINITIONS As used in this Resoliihon, the following terms shall have the meanings indicated " a.~ "Appropriate. Unit" means a unit of employee classes or positlons, ~ , ? 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 who; m the course of , hzs or her duhes, has access 'to information relating to the City's administration~of employer-employee relations d "Consiilt/Consultation in Good Faith" means to communicate orally or in writing with all affected employee organizations, whether , " . ~ x ~~ exclusively recognized or not, for the purpose of presenting and obtaining x - views or advising of proposed actions in an effort to reach a consensus; and, as distinguished from meeting and conferring.in good faith regarding ~ matters within the required scope of such meet and confer process, does not 2 involve an exchange of proposals and counter-proposals with an exelusively recogn.ized employee organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it ~ sub~ect to Article IV hereo£ . ~~~' e. "Day" rneans calendar day unless expressly stated otherwise ~. , ; ~ ~ f 'Bmployee Relations Officer" rneans the City Manager or his/her duly authorized represeritative - g "Impasse" means that the representatives of the City and a Recognized ' Employee Organization have reached a point in their meeting and ~. , confemng in, good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they ar.e required to meet and confer, remam so substantial and prolonged that , further meeting and conferring would be futile - ;; h. "Management Supervisory Employee" means an employee having ~ ~ , ~ , r ' responsibility for formulating, admmistering or managing the impleinentation of City policies or programs i "Meet and Confer" means performance by duly authorized City representatives and duly authonzed representatives of an employee organization recognized as the ma~ority representative of their mutual ~ , obligation to meet at reasonable times and to confer m good faith regarding matters. within the scope of representahon 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 recorrmmended to the City Coitncil on those matters within the decision malcing authority of the City Council . ~ 3 ~ This does not require either party to agree to a proposal or to malce a concession. ~ "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitzons 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 deduchon 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 alithorizatlon last signed by an employee The words "recently ,signed" shall mean within one hundred eighty { 180) days . , prior to the filing of a petition. , lc. "Recognized Employee Organization" means an employee ; organization which had been forrrially acknowledged by the City as the employee organizatlon that represents the employees .in an appropriate r~epresentation ~Ltnit pltrsuant to Article II ~hereof ~ ~ 1"Supervisory Employee" means any employee having authority, in the interest of the Clty, to hire, transfer, .suspend, lay off, ~ ~ ~ ° , ~: recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to ad~ust thelr grievances, or, effectiyely to recomrnend stich action, if, in ` connection with the foregoing, the exercise of such authority ls t not of a merely routine or clerical nature, but reqiures the use of independent ~udgment. , -. 4 -. ARTICLE II - REPRESENTATION PROCEEDINGS ~ , SECTION 3 FILING OF RECOGNITION PETITION BY EMPLOYEE ORGANIZATION An employee organization that seelcs to be forrnally aclcnowledged 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 documentatiori ~ ~ a. Name and address of the employee organization ` b Names and titles of its of~cers. c Names of employee organization representatives who are authonzed , ~ to spealc on behaif of the organization. ~ ' d. A statement that the employee organization has, as one of its primary puiposes, representing employees in their employment relations ~- j ~ with the City ` t ' e A s"tatement whether the employee organization is a chapter of, or affiliated directly or indlrectly in any manner, wlth a local, regional, state,~ ~ natlonal or international organization, and, if so, the name and address of each such other organization. ~ . , . f Certified copies of the employee organization's constih;ttion and by-laws g A designation of those persons,_ not exceeding two in number, and ,, their addresses, to whom notlce sent by regular United States mail will be ~ deemed sufficient notice on the employee organization for any purpose. L.._ ~ , ~ 11. A statement that the employee organlzation has no restnction on membershlp based on race, color, creed, sex or national origin. 5 ~ ' , i. The ~ob classificahons or titles of employees in the unit claimed to be appropriate and the approximate nLirnber of inember employees therein ~ A statement that the employee organization has in~its possession , proof of employee support as herein defined to establish that a ma~ority of t ~ ' the employees in"the unrt claimed to be appropriate have designated the ~ • , employee organization to repr.esent them in thelr employment 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 lc. r A request that the Employee Relations Officer formally . .` acknowledge the petitioner as the Recognized Employee Organization representing the employees in the unlt claimed to be appropriate for the . purpose of ineetmg and conferring rn good faith. ' ,~ ~ The Petition, including all accompanying documents, shall be declared to be tnle, i ,~ correct ~and complete, under penalty of per~~ury, by the duly authorized officer(s) of the ' einployee organization executing it. SECTION 4 CITY RESPONSE~ TO RECOGNIZED PETITION - ~ Upon receipt of the Petition, the Employee Relations Officer shall determine , _, whether ~ a. There has been compliance with the requirements of the Recognition Petitlon, and _ ' , ~ b The proposed representation unit is an appropriate unit in F ~ ~ - accordance with Section 8 of this Article II. . , 6 If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he/she shall so mform the petltionmg employee organization, shal'1 give written notice of such request for recognition to the employees in the unit and shall talce no action on said request for thirty (30) days thereafter If either of the i~ foregoi,ng matters are not affirmatively determmed, the Employee Relations Offcer shall ~ ~u offer to consult thereon with such petitioning employee organization, and, if such , determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing The petitioning employee orgamzatlon may appeal such determination in accordance with Section 10 of this Resolution SECTION 5 OPEN PERIOD FOR FILING CHALLENGING PETITION - Within~ thirty (30) days of the date written notice was glven to affected employees that a valzd recognition petition for an appropnate unit has been filed, any other E( employee organizatlon may file a competing request to be formally aclcnowledged as i ! ~ the recognized employee organization of the employees in the same or in an overlappmg unit (one which corresponds with respect to some bLtt not all the classifications or osi~tion~s set forth in the .reco nition etition bein chall~en ed b fi~1m a etition p g P g g)~ Y g 1? 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 seelcs establishmerit of an over-lapping Lmit, the Employee Relations Officer shall call for a hearmg on such over-lapping . i petitions for the purpose of ascertaining the more appropriate unit, at which time the a 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 petitloning employee organizahons shall have fifteen (15} days from the date notice of such unit determinatlon is communicated to them by 7 the Employee Rel~ations~ Officer to amend thelr petitions to conform to such deter-mmation or to appeal such determination pursuant to Section 10 of this Anc~le II SECTION 6- ,ELECTION PROCEDURE ~; If a challenging petition is filed ln accordance with Sectlon 5 hereof, the ~ ~ ~~ Ernployee 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 sub~ect to the provisions of . this Resolution. All employee organizations who have duly submitted petitions which , have been determined to be m conformance with this Article II shall be included on the ballot. The cholce of "no organization" shall also be mcluded on the ballot. Employees entitled to vote in sitch electron shall be those persons employed in reglilar permanent positions within the designated appropriate Lmit who were employed during the pay ;`~ perlod. immediately prior to the date which ended at least fifteen (15) days before the ± ~ 1. j s date the election commences, including those who did not worl{ 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 aclcnowledged as the Recognized Employee Organization for the designated appropriate unit followmg an electlon or rl.m-off election if it received ~ nurnencal ma~ority of all valid votes cast in the elect~on In an election mvolvmg three or more choices, where none of the choices receives a ma~ onty of the valid votes cast, a run-off election sha11 be conducted between the two choices receiving the largest ' number of valid votes cast; the rules governing an initial election bemg applicable to a ~ ! ~ ~ ~ run-off election. , ~ There shall be no more than one valid electron under this Resoliltion pursuant to ~ny petit~ion~ in a 12-month period affec~ting the same unit. .8 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 ~ mPr,~~n o r~„*r~+,~~ o ~~~~~µiy~~ State Conciliation Service.~ ~ Costs of conducting elections shall be borne m equal shares by the City and by ~` each employee organization appearing on the ballot. ~ 1 6 ~ SECTION 7 PROCEDURE FOR DECERTIFICATION OF RECOGNIZED EMPLOYEE ORGANIZATION ~ , ~ A Decertificatlon Petition. alleging that the incumbent Recognized Employee Organization no longer represents a ma~ority of the employees in an established appropriate unit may be filed with the Employee Relatlons Officer only during the month of January of any year folTowing the first full year of recognition or dLtrmg the thirty (30) day period commencing one~hundred eighty (180) days prior to the termmation date of a Memoraridum of Understanding then having been ln effect less than three (3) years, ~ _ ; ; whrchever occurs later ~ , A Decertification Petrtion may be filed by two or more employees or their representatrve, or an employee organization~ and shall~contam the following mfoi-mation ` ~ and documentation declared by the duly authorized signatory under penalty of per~ury to be true, correct and complete a. The name, address and telephone number of the petitloner and a deslgnated representatlve authorized to receive notices or requests for further information. '~ , b~The naine of the established appropriate Ltnit and of the incumbent Recognized Employee Organization sought to be decertified as the representative of that j ~ unit. c An allegation that the incumbent Recognized Employee Organ'izahon no longer represents a ma~ority of the employees in tlie appropriate unlt, and any other relevant and material facts rel~ting thereto 9 , 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 k incumbent Recognized Employee Organization. Such proof shall be submitted i~ for confirmation to 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 in Section 3 of thls Article in: satisfaction of the Decertificahon of Petltion reqLUrements hereunder and that includes the allegation and information required under paragraph c. of this Section 7. The Empl~oyee Relahons Officer shall rnitially determme whether the Decertification Petition or Recognition Petition, if any, have been filed m compliance , with the applicable provisioris of this Article II If his determination is in the negative, ~ he/she shall offer to consult thereon with the representative(s) of such petihonmg ~ I ~ ~ X~ elnployee or employee organization, and, lf such determination thereafter remains unchanged, shall return such Petition(s)~ to the employees or employee organization with a statement of the reasons therefore in wnting The petitionin.g employees or employee organization may appeal such determination in accordance with Section 10 of this Article II` If the determmation of the Employee Relations Officer is in the affirmative, or if 111s/her negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Recognized Employee Org~nization and to unit einployees. ~; The Ernployee Relations Officer shall thereilpon arrange for a secret ballot ~ , i ~ ~ . 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 an accompanyrng Recognition Petition was dLily f led, .and, in the event decertificatlon of the incumbent 10 , P Recognized Employee Organization is voted, the question of representation. Such electiion s11a11 be~conducted in conformance with Section 6 of this Article II !; SECTION 8. POLICY AND STANDARDS FOR DETERMINATION OF ~ ~ APPROPRIATE LINITS ` ' The basic policy ob~ectives 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 tfie City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized eommunlty of interest considerations. "These policy ob~ectives ` reqLUre that the appropriate unit shall be the broadest feasible grouping of positions that `- share an identifiable community of mterest. Factors to be considered shall be a. Similarity of the general kinds of work performed, types of , i , . ~~ qualifications required, and the general worl~ing condi.tions. 1 b History of representation m the City and similar employment, .. ~~ ~ T ~ 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 wlth the organizational pattern of the City ' d. Effect of differing legally mandated impasse resolution pr.ocedures 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 relahonship of divlding a single or. related classificahons among two or more units • 11 , Notwithstanding the foregomg provlsions of this Section, management, confidential and supervisory employees shall only be inchided in one or more units, consisting solely of such employees, and such unit(s) shall not be represented by a ~` Recognized Employee Organization that represents other employees of the City; and professional employees shall not be denied the right to be repre'sented in a separate unit from non-professional employees ~ ' ' 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 retaln, 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 ` f I ~ Requests by employee organizatioris for modifications of established appropriate ~ . ~ units may be considered by the Employee Relations Officer only dunng .the penod specified in Section 7 of this Article II Such requests shall be submitted m the form of a Recognition Petition, and, in addition to the reqLUrements set forth in Section 3 of this Article, shail contain a complete,statement of all relevant facts and citations m support of the proposed modified Ltnit in terms of the policies and standards set for•th in Section 8,• 1lereof The Bmployee Relations Officer shall process such petitions as other. Recognition Petitions under this Article II . The Einployee Relations Officer may, on his/her own motion, propose during the ~ ~ ~ period specified in Section 7 of this Article; that an established unit be rnodified. The ~ ` , Employee Relations Officer shall glve written notice of the proposed rriodification(s) to any ~ffected employee organization and shall `hold a meeting concerning .the proposed ~ ',_~ modification(s), at which time all affected employee organizations shall be heard. ~ 12 ~ Thereafter, the Employee Relations Officer `shall determine the compositlon of the appropriate unit or units in accordance with Section 8 of this Article II, and shall give wrrtten notice of such determination to the affected employee organizations The , Emp'loyee Relations Officer's determination may be appealed as provided in Section 10 ; ; ~ ~""" of this Article If a unit is modified pursuant to the motion of the Employee Relations Officer h~ereunder, employee organizations may thereafter file Recognition Petltions seelcing to become the Recognized Employee Organization for such new appropriate unrt or units pursuant to Section 3 hereof. l SECTION 10 APPEALS An employee organization aggrieved by an approprlate unit determination of the Employee Relations Officer, or an employee organization • aggrieved by a ;~ detee-mination of the Employee Relations Officer that a Recognition Petition, ~ I ~` Challenging, Petition Decertification Petition, Unit Modification Petition - or ernployees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition - has not been filed in compliance with the applicable provisions of this Article may, within ten (10) days of notice of the Employee ~ Relations Officer's final decision, request to submit the matter to mediation by the ~- State Mediation~ and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the City Council for final decision within fifteen (15) days notice of the Employee Relations Officer's determination or the termination of mediation proceedings, whichever is later. »r~Pr +~„° er+,~ T~°" ~x"+~,;n +Pr ri n , . l~ ~ ~ 'a~~c n~ nn=}6~~~~{~~ YP!'177PC~~ ~~a in~ar~~ari4inn n ~~ a a i nir~ ~ ~ l • • > > ~ 13 ~ ~, . ., f~cff ~~~~~~ ~ ~~a~iic n orr[triA~~a~ ~~~ •a ~'a in ~~n n~ t~a ~imr~~n~~aa b~~ i , ~ • ~ • ~ # ~ ~ . ~ Appeals to the City Council shall be filed in wrlting with tlie City Clerk, and a copy thereof served on the Employee Relatioris Officer The City Council shall commence to consider the matter within thirty (30) days of the fi'lmg of the appeal The , ~ City Council may, in its discretion, refer the dispute to a third party heanng process ; ~ ~ ~, ~ Any decision of the City Council on the achon 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 ' , SECTION 1 T SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED EMPLOYEE ORGANIZATIONS ` All changes in the information filed with the City by a Recognized Employee ; . ~ j Organization under items a. through h of its Recognition Petition under Section 3 of this ~._...! - Resolution shall be submitted in writing to the Employee Relations Officer within four:teen (14) days of such change. 14 S SECTION -12 PAYRO'LL DEDUCTIONS ON BEHALF OF EMPLOYEE • ORGANIZATIONS Upon fornial aclcnowledgment by the City of a Recognized Employee Organization Linder this Resoliition;~only such Recognized Employee Organization may be provided payroll deductions of inembership dues and msurance premiums for plans sponsored by siich organization upon the written authorization of employees ln the unit represented by Recognized Employee Organization on forms provlded therefore by the City 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 admi~nistrative procedures , SECTION -13 EMPLOYEE ORGANIZATION ACTIVITIES -- USE OF CITY RESOURCES Access to City work locations and the Ltse of City paid time, facilities, equipment and other resoiirces by employee organizatlons and those representing them shall be 4 auth'orized only to the extent provided for in MemorandLtm of Understanding and/or administrative procedures, shall be limlted to activities pertaining directly to the employer-employee relationship and not such lnternal employee organization business as soliciting membership, campaigning for office, and organizatlon 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 i:...,.: appropnate to implement and administer the provislons of this Resolution after consultation with affected employee organizations 15 ! SECTION 15 EMPLOYEE RIGHTS ~ Ernployees of the City shall have the nght to form, ~oin and participate m the activities of employee organizations of their own choosing for the purpose of ~-- f representation on all matters of ernployer-employee relations, includmg, but not limited ~ ; u to, wages, hours and other terms and conditions of employment. Employees of the City , shall~ also have the right to~ refuse to ~~oin or participate in the activities of employee organizations and shall have the rigfit to represent themselves individually in their employment relations wlth the City No employee shall be interfered with, mtimidated, restralned, coerced or discriminated agalnst becaLtse of his/her exercise of these rights Employee organizations may establish reasonable restrictions regardmg who may ~om and mal~e reasonable provisions for the dismissal of individuals from membership SECTION 16 CITY RIGHTS The rights of the City are to determine the mission of its ~constltuen~t departments~~, ~ , ;~ , . commissions and boards, set standar:ds of service; determine 'the procedures and standards of selection for employment, promotion and demotion, direct its~ employees, talce disciplinary action, relieve its employees from duty because of lacl~ of worlc or for other legitimate reasons, maintain the efficiency of governmental operations; deterniine ~ , , the methods, means and personnel by which government oper.ations are to be conducted, determine the content of ~ob classifications, talce all necessary actions to carry out its mission ln emergencies, arid exercise complete control and discretion over ~its organizatlon and the technology of performing its worlc. The scope of representation shall not inclttde 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 einployees or their authorized representatives from ineeting and consulting ~ 16 about the consequences that declsions on these matters may have on wages, hours, and a - other terrris and coridihons of employment. SECTION 17 CONSULTATION IN GOOD FAITH - SCOPE ~`-~ All matters affecting employer-employee relations, including those that are not ~ ~ 4 ~ ~' sub~ect to meeting and conferring, are sub~ect to consultation The City, through its representatives, shall consult in ~good faith with representatives of all recognized employee organizations on employer-employee relations matters which affect them Proposed amendments to thls resolution are inchided iri the S~cope of Consultation in Good Faith. SECTION 18 ADVANCE NOTICE Reasonable written notice shall be given to each recognized employee ,~ . G, , organization affected by any ordinance, rule, resolution, or regulation directly relating to i ~ ~ inatters with'in the scope of representation proposed to be adopted by the City Council or by any board or cornmission of the City, and each shall be given the opporh.inity to meet with such body prior to adoption. SECTION 19 MEET AND CONFER ON GOOD FAITH - SCOPE ~ ' a The City, through its representatives, .shall meet and confer in good faith with representatives of formally recognized employee organizations with recognized representation rights~regarding matters withm the scope of representation including wages, hours and other terms and conditions of ~ , ; ~ . t__~,_ employment within the appropriate unit. • ~ b The City shall not be required to meet and confer in good faith on any ° sub~ect preerripted by Federal or State law, nor shall it be required to meet ' 17 , r and confer in good faith on employee or City Rights as defined in Sections 4 and 5 Proposed amendments to thrs resolution are excluded from the ~ scope of ineeting and conferring. (~-, ° ARTICLE IV - - IMPASSE PROCEDURES . , ~ t , SECTION 20 1NIT.IATION OF IMPASSE PROCEDURES If`the meet and confer process has reached impasse as defined m this Resolution, either party inay inihate the impasse procedures by filing with the other. party a wrltten r.equest for an impasse meeting, together with a statement of its position on all disputed issiies. " An impasse meeting shall then be schedLtled promp.tly by the Empioyee Rel~tions Officer The purpose of such impasse meehng shall be. a. To id'entify and specify in wnting the issue or issues that remain m 4 dispute ' ; J ~ . . b' To review the position of the parties in a final effo'rt to resolve sttch disputed issue or issues, and , c If the dispute is not resolved, to discuss arrangements for the ~ utilization of the impasse procedLtres provided herein. ~ SECTION 21 IMPASSE PROCEDURES ,- Impasse procedures are as follows '. ", a. If the partles agree to submit the dispute to mediation, and agree on ; the selection of a mediator, the dispute ~ shall be submitted to , . i . .~` mediation All mediation proceedings shall be .private .The , mediator shall mal~e no public recommendation, nor talce any public , posrtion at any time concernmg the issues 18 S b If the parties failed to agree to submit the dispLite to mediation or il failed to agree on the selection of a mediator, or failed to resolve the dispLite throiigh medlation within fifteen (15) days after the mediator - ~ commenced meeting with the parties, the parties may agree to submrt the i ~ ~ lmpasse to fact findmg c. If the partles 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 m the followrng manner One mernber 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 athird, who shall be the chairman If they are Lmable to agree upon a third, they shall ;; . select by agreement the third member from one or more lists of names to be , ; .. I ~ ~ provided by the State Conciliatlon Service The following constitute the ~unsdictional and procedural requirements for fact-finding , (1) The fact-finders shall consider and be guided by applicable Federal and State laws (2) Sub~ect to the stipulations of the parties, the fact-finders shall determine 1 and apply the following measures and criteria m arrlving at their findings and recommendations, ` , , (a) As relevant to the issues ln dispute, the fact-finders shall compare [._, , ' , . the total compensation, hours and condihons of employment of the employees involved m the fact-finding proceeding with the total - compensation, hours and conditions of employment of other ' 19 ~ employees performing similar service in public and private employment in the same and comparable communihes "Total compensation" shall mean all wage compensation; including but not lnnited to premium, incentrve, minimum, standby, out-of-class f~~~ and deferred pay, all paid leave time, all allowances, including but ~ ` not limrted to educational and uniform benefits, medical and hospitalization benefits, and insurance, pension and welfare benefits (b) The fact-finders shall then ad~ust the results of the above ' comparisons based on the following factors (i) Equitable employment benefit relationships between ~ob classifications and positions within the City. , . `~, . (ii) The pattern of change that has occurred in the total compensation ~ • , ~ ~ i ,, of the employees in the unit at impasse as compared to the pattern of - , . change in the average consumer price mdex for goods and services, commonly lcnown as the cost of living index (iii) The benefits of~ob stability and continuity of employment. (iv) The difficulty, or lacl~ thereof, of recruiting and retaining qualified personnel (c) The fact-finder(s) shall then determine recommendations based on the comparisons as ad~usted above, sub~ect to tlie, financial resources of the , City~ to implement them, talcing into account. ~' , (i) Other legislatively determmed' and pro~ected demands on agency resources, and (ii) Assurance of sufficient and sound budgetary reserves, and f ~ 20 ' (iii) Stahitory llmitations on tax and other revenues and~ expenditures - (3 ) The fact-finder(s) shall malce written findings of fact and recommendations ~' for the resolution of the issues in dispute, which shall be presented in terms of the ~ criteria, ad~ustments, and llmitations specified above Any member of a fact-findmg panel shall be accorded the right to file dlssentmg 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 witliin ten (10) days after service of the findings and recommendations upon them, the fact-finder or the chairman of the fact-finding panel shall inalce them public by submltting them to the City Clerlc for conslderation by the . ; City Council in connection with the Council's legislative consideration of the issues at 4 ~. ; ~ . . ~ impasse (a) 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 Councii shall talce such action regarding the impasse as it, in its discretion, deems approprlate is in the public lnterest. An~y legislative , action by the City Council on the impasse shall be final and binding ; i i f !.__~ 21 I SECTION 22 COST OF IlVIPASSE PROCEDURES , ~ 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 incur'red costs of inediation ~ t,._ : ; ~ i 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 mcurred costs, shall be borne by such party. TICLE V -- lO~IISCELLANEOUS PROVISIONS ~ SECTION 23 CONSTRUCTION This Resolutzon shall be administered and construed as follows~ - ~a. Nothing in this Resohltion shall be construed to deny to any person, i ~ ~ ' ~ ~ , ; employee, organization, the City, or any authorized officer, body or other representative of the City, the riglits, powers and authority granted by Federal or State law b This Resolution shall be interpreted so as to carry out its purposes as set forth in Article I. SECTION 24 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 provislon to persons or circumstances other than those as to which it is held invalld; shall not be affected thereby 22 1 PASSED, APPROVED AND ADOPTED THIS ~_ day of ~i„ 2002' ~ - , ~ . , . ~:~~~ ~~ , ` ARTURO RE~ S C ~~ ~ " ~ 4. ~ " ' 1 Mayor ..._., ATTEST ' - _ ~~~- O~~ ~~ i~.~ ' ANDREA L HOOPER,' , City Clerlc _ ~ City of Lynwood ~ APPROVED AS TO FORM• APPROVED AS TO CONTENT. .f v ~ j~-..,~.r/~j~~--- ~~ ~-~ .-~ ~ -~- `City Attorney ' g FAL7 IN GOI~A ~ MICHAEL MONTGO ERY ~ ~ r.- , ~~ Cit Mana er Y g . ~ ~. ~: . ~ ~. ~J 23 " ., STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) ss. I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 16 day of ~U~Y ,2002. And passed by the following vote: AYE s: COUNCILMAN BYRD, PEDROZA, RICHARDS, RODRIGUEZ AND REYES NoES : NONE ABSENT • NONE ~;~~~-~- ~' ~~:~~--~ City Clerk, City of Lynwood STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City hereby certify that the above and foregoing is a full, true and correct copy of resolution no.2002.103 on file in my office and that said resolution was adopted on the date and by the votes there in stated. Dated this 16 day of July , 2002 . ~~~ ~ ~ ~~ City Clerk, City of Lynwood ~