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Home My Public Portal About78-017 (03-02-78)i ;. i ,~.,, a. :," .~ ~~:,,. ~, ~ * 't ~. I~ 'su```m. 1~ EMPLOYER-EMPLOYEE' ORGANIZATION RELATIONS RESOLUTION 2 ~ 3 II RESOLUTION: PdO . 7 8-17 i 4 li I 5II BE IT RESOLVED BY THE COUNCIL OF THE City Of Lynwood 6 ~1 ! 7 ~~ ~ I ~i , 8 j ARTICLE:. I. -- GENERAL PROVLSIONS I II 9~ ~ TO~I Sec. 1. Statement.of Purpose. lll~ This Resolution implements Chapter 10, Division 4, Title 1. T2I of the Government Code of the State of California (Sections 13 3500 et seq..) captionedn•"Local Pub is Employee Organizations," 14~ by providing. orderly procedures for the administration of 15i employer-employee relations between the City .and its employee 16~I organizations... However,. nothing contained herein shall be. 17I deemed to supersede the provisions of State law, City 18~ (Charter), ordinances, resolutions-.and rules which establish 19 II and regulate the merit and civil. service system, or which pro- s 20 ;I vide for other methods of administering employer-employee rela- ~~ 21(I tions. This Resolution is intended, instead, to strengthen 22~I merit, civil service and other methods of administering empley- 23I~ er-employee relations through the establishment of uniform and 24iI orderly methods of. communications. .between employees, employee 25i~ organizations and the City. ,,V~~ 26j`I It is the purpose of this Resolution to provide procedures 27!~ for meeting and conferring in good faith with Recognized Em- 28!~ ployee Organizations regarding matters that directly affect and 29~~ primarily involve the wages, hours and other terms and condi- 30I tions of employment of employees in appropriate units and that 31,) are not preempted by Federal or State law (or the City 32!~ Charter). However, nothing herein shall be construe d. .to j 'f _ i o. ~ II 2I 3I 4 ~~ 5 6 7 8 9 10 11 12 13 14. 151 2C 21 2~ .. 2~ 2~ 2r- 2E 2'; 2E ~., 5 y R , T ~ F w J ;t• t ~ M1 ~, i ~a. k ~. r. restrict any legal or inheren`t~ exclusive City rights w.~th respect to matters of general"i"legislative or managerial policy, which include among others.. T:he exclusive right to determine the mission of its."constituent departments, commissions a"nd 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 be- cause of lack of work or for other legitimate reasons; maintain the efficiency of government al operations; determine the methods, means and personnel..by w}~ich government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and dis- cretion over its organization and the technology of performing its work. 16 17 18 19 Sec. 2.. Definitions. As used-in this Resolution, the following ter,~~s shall have the meanings indicated: .___~~~.__ a_.__ "Appropr'ate Unit" means a unit of employ- ee classes or positions, established pursuant to 4 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, in the course. of his or her duties, has access to information relating to tl~e City's administration 2g 30 31 321 of employer-employee relations d "Consult/Consultation in Good Faith" means a.~. 1 i Y '~;'> `°~: :y.' h.. .: Cy P- "S" .~~~'i ,,; ~ =;3i~ ,., : r~. ;~ ~~ ~~`~ ~~- 3..,A ~~ ,, ` ~l ~. ~{ ' `!`. r:Y,~ ~..3 i ~f~ I F ~ ~~`, i to communicate orally or in writing for the purpose a of presenting and "obtaining views or advising of in- I i ~~ . -2- ,~;,. . . r .. (_ ~ i w~ I'" ,~` ~ 'i a -~ ,. - <~: _ , ~_ _ . ~~~= i ._ ~.~ 7 2 3 4 5i 6' "! sII 10 111 12I 13 14 15. 16 17 18 19 20 21 22~ 23 24 25 26 II 27 II 28 li r-.:u tended fictions; end, as distinguished from meeting ' t end' conferring in good faith regarding matters withri`l the required scope of such meet .and confer process,:. -t: does not involve an exchange of proposals and coon -~ ,,, terproposals in an endeavor to reach agreement, nor: v is it subject to Article IV hereof.. e• "Day" means calendar day unless expressly stated oti~erwise. ~ ~~~ '~~ ~, . f• "Employee Relations Officer" means the City Manager or his duly authorized representative, `~ g. "Impasse" means that the. representatives of, .__- the City and a Recognized Employee. Organization have reached a point in their meeting and conferring in. g:ood•faith where their differences on matters to be included in a Memorandum of Understanding, and con- cerning which they are required to meet and confer., remain so substantial a•nd prolonged° that further meeting and conferring would be futile h-. "Management Employee" means an employee having responsibility for formulating, administering' or managing the implementation of City policies or programs. i. "Proof. of Employee Support" means (1) an. authorization card recently signed and personally dated by an employee, or (2) a,`~werified authorization petition or petitions recently signed and personally I `I ~ ~ ~ 1 ~ ->~~~ I ~ i -~ ~t date d. by an employee, or (3) employee dues deduction I ~i authorization, using the payroll register for the I ~~ 29I period immediately prior to the date a petition is ~ i~ 30 filed hereunder, except that dues deduction authori- 31 za,tions for more than one employee organizatior 32 the account of any one employee shall not be cc 1 -3- --- .. , 1. 2 3 4 5 6 7 8. 9 10 11 12 13 14I 15~ 16 II 17 II 18 I zs 20 21 22 23 24 25 26 i C, 5 v } I ~, it sidered as proof of employee °support for any employee ~~ organization The only authorization c~hich shall be considered as proof of em to see su I P y pport Hereunder II shall be the authorization last signed by an employ- ( ee T}1e words "recently signed" shall mean within one hundred eight,' (180) days prior to•the filing of i a -petition. f; "Recognized Empl.oye~e Or.g:anizatlon" means an ~. emplo} ee organization which }Z~as been formally ac- ~r~r. ~~ knowledged by the City as the°~employee organization ___ that represents the employees in an appropriate representation unit pursuant.to Article II hereof.. k. "Supervisory Employee" means an}~ employee having authority, in the interest of the City, to hire, transfer, suspend, Tay off, recall, promote, discharge, assign, reward, or discipline other em- ployees, or responsibly to direct them,. or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the ehercise of such authority is not of a merely routine or clerical nature, but requires the use of indepen- dent judgment. _---. A RTICLE II -- REPRESENTATION P.~OCEEDINGS 271. Sec. 3. Filing of Recognition Petition 28! D Emplo ee Or anizatlon. 29 An employee organization that seeks to be formally 30~, acknowledged as the Recognized Employee Organization represent- 31i ln9 t}~e employees in an appropriate unit s hall file a petitio 32 with the Employee Relations Officer containing the following -4- ~. f he ~J ~+j` 3;. 't, r s i X4.1 'r «~.. 6 7~ 8 9~ 10 lI 12, 13 1~ 15 16I 17i 18I 19 20~ 21. 22 23 ..i:. s - ~~ ~j _ it . , ~ ~~ .,,.~ I! t r. 1 ;.. i 1..( information anu ao~,ument.ation F ;i ~ r i Y k,,,.. 2 '~ a . came ar.d a.udr.es`s:. o£ the. employee. organ i za- i Lion. ~~ _ << =,, , 4 Lr. t~amf~s and tia`he,s cf ~ ts: officers... I 5 c~. ~arr~r s of Pn~plo}_ee c~rgairization representa-- 24 !~ 25 (~ I~ 26 ;I li 27 ~!' 28 29~ 30) 31I i•.~es ~~ho are authorized to speak on behalf... cif the .,., ~ or.yanization.. _ ~.~t _ ~ ,. ':~r. d. 1~ state;ncnt that the. employee organizatior~~. r yix s has..; as cane of its pr.inrar.}' purposes, representing em- ,. , ~~loyees °in their empl.oymeri.t relations witfl the City, e A statement wlrether the employee organiza- t.LOn is a chapter of, or;af.filiated directly or ~. indirectly in anv manner;;°with a local, regional, state., national or in:te'r,rratonal organization, and,. .~. if sa, tlae. name and address: of each such other ~_ ~.. organization.. ~`''" '. f. Certified coE~res of tire; employee organiza-< bon's constitution and°by-laws. g.., A d'esiynation of those persons, not exceed.- ing two in number, and their addresses, to whom notice sent. by regular United States.mail will. be deemed sufticient notice on the. employee ar.ganization for an}~ purpose. h. A statement that the employee organization has no restriction on membershi~9° based on race, color, creed, sex or nat.tonal origin. i. The fob classifications or titles of em- • ployees in the, unit claimed- to be appropriate and the approhimate number. of member employees therein. , j. A statement that the employee organization has in its possession proof of employee support as P t c } f i- 1 ~., ~'r~ ;. '~ 4 ii,. 1 ~,-"~ ~ employees ir, the unit claimed t _ 1..... o ue° a:PPropi late { . }lave 2 , des jgna ted the employee orc.ani ,: ~ .3 zation to re ; pr.esena 3 (~ `'~ ~ them 1n their em ,.. ployment relations with the Cl~t~. fl' y ... ~ ' ' ~',, Such written proof shall be submitted: fo ''~~x5 ~ 4 r conf - 5I~ firma Lion to the Employee Rel,ati.ons Officer ~ or to a - 6 mut L` l ~' ua ~ ly agreed upon aisintereste ~ d third 7 party..:, ~~. ~• A request that the .Employee. Re.~ations Offi- ' $ cer formall y acknowledge the petitione ~ t~3~;~ , r as the Reco g L ;~ n.ized Employee Organization representing the employ-~i 10 ~. ees in tl~~ unit claimed to be a `S' ppropr.iate for the .1 .~. ~~``°' 11. purpose of meeting and conferrin in _ g good faith ~~'' ~ .,. 12 '!'he Petition, inc uding all accompanying document ~ ' s shall 13 be declared to be true co , rrect and complete, under ena- P 1t~y of ~!s 14 perjury, by the duly authorized officer (s) of th v~~ e employee 15 ~' organization e;~ecutinq it. ; 16 ~ , :~~ 17 Sec. 4. Ci_ ty Response to Recognitionz Petition. E. ,. ,~' F; ' 18' Upon receipt of the Petition, the Emplcyee~ Relay i ` ~ ~ ons Off i- 19 ce.r shall. determine whether. ~ -'~ `'~~ °~"~° .,. , 20 a There has been complia7ce with the I t ~ ;: re .u.i.re- g 2I I 'f `~' ments of. the' Recognition Petition II and. I 22 b. The proposed representation unit is an°: ~ r ~`~ 23 appropriate unit in accordance with Se.c. 8 of this ~ ~ - 2`~ Article L.L. Y - . ~ 25 If an affirmative determination is m'~de by the Emplo ee r Y ' 26I Relations Officer on the foregoing two matters he shall ~ , so 2'" inform ~ the petitioning employee organization shall i I t f,;,, _•: ~'° , . g ve wr°t- 28 ten, notice. of such request For recognition to the employees i I ~ n I , 29 the unit and s}gall take no action on said re ue q st for thirty 30' (30) days thereafter. If either of the fore oi g ng matters are. 31 not affirmatively determined, the Emplo}~ee Relations Officer I~F{ " 321 shall offer to consult thereon with such petitionin em l . , `~ g p oyee -6- , .. ;~ i. i' - '~-- -- - _ _. - ~ --- ~,. j: j .~, ,~ ,il a.:. _. ,_ ,,, .; :.._. _,, . _ _..a. 4~ - ~"e ~,. .. ;. t. ;. ~' -. ~ ~ ._ d ~.:, .. ,.'~ x `. T. ~1 o r~1 3n 1 Z'3t1U11 , and'•, i f. such determination the;reaf ter rem~~~zns un- I ~ `' 2.~; changed, small ~nrorm that.. organization of the rseasons thErefor ` ~. n writin The. petitioning employee; organization may appeal 3,., i 9 I ~: ~`I ~ minat on in accordance wiCh, Sec. 10 of this Resolu- ! "'~~.~ r~ II suc•n detor I ~. ,~.::~ 5 ~~, tlon ~ ~;... li ` 6 iI. ~ ~~ 7,I Sec. 5 Open F~eriod for riling _ I ;, , !~ 8. ~I J 10 I 1l .I 12. 131 14' 15 16I 7.7 ~ 18 19 20' 21 22. 2.~ 2~ 25 26 .,, ?~`'1 ~ Challenging Petition. ~~.. ~. ~~ Within thirty (30) days of the date written notice 'was ;~~~ } `~ F I, given to affected;. employees that a.. valid recognition petition ~, _ i for an appropriate unit has. been filed, any other employee or= rr ganizaton may file a competing request to be formally. a.cknow.l-- ~- edged as the recognized employee organization of. the employees '~ in the same or in an overlapping unit (one whirch corresponds ' i ' i r i. with respect to some but. not all the classifications or' posi- ;^I bons set forth in the recognition. petition being challenged), ii; by filing a petition evidencing p"roof of employee support in -~, -:~, ;; the unit claimed- to be appropriate of at least thirty (3'0) per- •~ '' i~ cent.an:d otherwise in the--same form and manner as set f:brth in 1~ etitiort seeks ~¢ Sec. 3 of this... Article IL.. If such challenging p i~ establisrment o.f an over-lapping unit, the Employee Relations ~~ I such over-lapping petitions i~ Officer shall call for a he~3ring on I ,,{ he ur.ose of asceraaining the more appropriate unit, at ~! for t P P I r which time t~he° petitioning employee organizations sha1.1 be all deter- I heard. Thereafter, the Employee•Relation;s Officer sh I ~ mine the appropriate unit or units in accordance with the stun- I P 2'7 j u8 29 30 31 dards in Sec.. S of this_Article. II:. The petitioning employee organizations shall have fifteen (15) days from the date notice nit determination is communicated to them by the Em- of such u ployee Relations Officer. to amend their petitions to conform to such. determination or to appeal such determination pursuant to `y s i. c /`- s,..~ w j'" T., 2 3 4. 5 6- 7 8 9 10 11 :s !.. ~ 4~: ~.e, ry ~ Sec 6~.: EleEtion Procedure. ~ ,:~ ;3} - k,~ ~' The Employee Relations Officer shall arrange for a~-secret ,.ballot election to be conducted by a party agre.eci~to by the Em- ployee Re-lations Officer and the concerned employee organiza- 't ion(s), in accordance with its rules and procedures subjec.t.to ,~~ , the provisions of this Resolution. A.Tl.employee organizations. who have duly submitted petitions which have been. determined to ;, be in confosmence with this Article II shall be' included on the A H. y ballot. The choice of "no organization" shall also be included ' S ~i on the ballot. Employees entitled to vote in such election Rra shall be those persons employed in regular permanent positions 12 within the designated appropriate unit wtio were employed during 13 the pay period immediately prior to the date which ended.at 14 least fifteen (15) days before the date the election commences, 15 including those who did not work during such period because of 16 illness, vacation or other authorized leaves of absence, and 17 who are employed by the City in the same unit on the date of 18 the election. An employee organization si~all.be?formally ac- 19 knowiedged as the Recognized Employee Organization for the. 20 .designated appropriate unit following an election or run-off 2i election if it received a numerical. majority of all valid votes 22 cast in the election. In an election involving three or more 23 choices, where none of the choices receives a majority of the 24 valid votes cast, a run-of f.elect~on shall be conducted between 25I the two choices receiving the largest number of valid votes, ., ~`,~ 26 cast; the rules governing an initial election being applicable 27 to a run-off election: 28l There. shall be no more than one valid election. under this 29~ Resolution pursuant to any petition in a 12-month period i 30~~ affecting the same unit. 31~I In the event that the parties are unable to agree on a ~- 32 :_ third party' to conduct an election, the election shall be con- -8- I` ~~+ . ~; t ~ y c" ~~;° _i: '':;_' -: ,, _-. `i5~.. _. ~~' .~.i. k ~ mn' t'~ . t. =. is zy.: . ...,. 2( 3~ 4 _) 5 6 7~ E 9 10 11 12 13: T4 1.5 16 T7 18 19 24 21 22 2~~ 24 25 26, ~. aF.y >`. dLCted by the Arneri~can Arbitration ~~ssociation. Cgs,ts of conducting elections shall be borne in equal shares; by the City and by~each employee organization appearing ~ on the.: ballot.. Sec. 7. Procedure for Decertification of ~~~: ,'-, Recognized Employee Organization. ~ `'?'';p ~~. N,' . A Decertification Petition alleging that the incumbent ~~';~: (4~ s . f'. ~V Recognized Employee Organization no longer represents a ma~o-„rr M1 1 rity of the employees in an established appropriate unit may be :. filed with the Employee Relations Officer only during the month of~January of any year following the first full year of recog- nition or during the thirty (30) day period commencing o.ne hun- dred eighty (180) days prior to the termination date of a Memo- randum of Understanding then having been in effect less than three (3) years,~whichever occurs later A Decertifiration Petition may be filed by two or more employees or their repre- sentati,ve, 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 autho- rized to-receive notices or requests for further ,, ,~~ information. b: Ttie name of the established appropriate 27 II I 28 ~~ 29 30 31) 32 iI unit and of the incumbent Recognized"Employee Organi- zation 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 -9- ~_. _. _ . ~ ~ ~ _.,N .,.. ,~ , ~. - .__ ~ s r ~; 14 , r '~ -'II.'.. u i I ~ "' ~,: 1 li other relevant ~::~d material fac ~ - _ is relatingthere>to.- 2 d P~rfoof of employee su =` 3„' pport that a majority 3'I of t}re em ho ees In the esta>Jl.~shed a P Y f ppropriate unit 4;~ no longer desire to be re}resented b y the incumbent 51i Recognized.Efiployee Organization. Such. ~, proof shall ~~; be submitted for confirmation. to the Employee Relayj`~' ' bons Of „` '. 7~; ficer or to a mutually agreed upon;., disinter- .I 8~~ ested third party. _ `_ J ~i An employee organization may file a `~~a` ~~ Petition. under this;~~ 10 i+ sect.iox~__~_r~ the form of a Recognition Petit ~ I i~ ion that.: conforms ~~. 11~~ the. r.eyuir~ments of Section 3 of-this Article in sati:~sfa ~ i ction~ I 12~ of the Uecer.tification Petition requirements h ~ ereunder, l~r~ The Employee Relations Officer shall initially determin - I. - e 14~I whether the. Decertification Petition or Recognition Petition, ~ ~., ii ~. 1~ it any, have been filed. in com fiance with the a _ I~ P Ppli'cable pro-- I 36~I vis>ions of this Article II Lf .his determination. is. :in the. I 17;I negative, he shall offer.~to consult. thereon with the re.presen-~ ~ I ~~ ~ 1£~I tative(s) of such petitioning em To ees 1 P Y or employee organiza- ~ I9 i tion, acid j I if such determination thereafter remains unchanged., kkj - ~ 20~~ shall return such Petition(s) to~the employees or employee or- ~ 1! 21~i ganization with a statement of the .reasons ~ (~11 therefor inswriting. ?,2!~ The petitioning employees or. employee organization ma ~~ Y appeal. 23i such determination in accordance with Sec. 10 of this Article- ~ =~~I II-. If the determination of the Employee Relatio ~ !~ ns~ Officer is i 1~ ~f. 2J~ in the .altirmative, or if his negative determination. is re- , '1 ~ versed on a ~eaT he sha~.ll 2~ i PI ~ give written rr~btice of such Decerti- ~ '; 271 flcation or Recognition Petition to the incumbent Recognized i I rp. 2~; Employee Grganiza.tion and to unit employees, f + ''t`he hm to ~ ~I ~.9 ~1 p y ee Felations Officer shall th ereupon arrange for !~ J0i I i a secret ballot election to be .held on or abo 'r I ut fifteen (15) ! 31~ days after such notice to determine the wishes of unit employ- 3 2 II ees as to the question of decertification, ' 1 i~ -10- I I ... _ na ~, w.. s~_. and, ~,f an accom- I ~ I< t .[.}t _.,. ~~ , r r.:y:. t ~~ .. ; ~ ~ I1 t ,A~: z,`. h~ ., Y ~:, }r,~,. c 11 panying Recogniti8r:~,Pet~ticn was duly filed, and, in the.event 2 ~; decertification of'~~~the incumbent. Recognized Employee Organza- 3. II tion is voted, the question o,f representation. Such election 4~I shall. be conducted :n conformance with Sec. 6 of this Article 5 6 I''. 7 8+ 9) 10 it 12 13 1~ 15 I6 17` Z8 19 20 21. 22 23 24 25 26 27 28- Iii 29~ 30 31 II. i Sec. 8. Policy and Standards for Determination ,.~, {':~` of Appropriate Units. ,.~ '}. ;`~. The basic policy objectives in determining. the appropri ~, ---- x '~, ateness of units shall be the .effect of a proposed. unit on (1)'' ~- the efficient operations of the City and its compatibility with the primary res.pons~ibility of the City and its employees to effectively and economically serve. the public, and (2) provid- ing employees with, effective representation based. on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the. broadest feasi- ble grouping of positions. that share an identifiable community of interes t. 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 basis of the extent to which employees in the `~ proposed unit have organized. c. Consistency with the organizational pat- terns of the City. d. Number of employees and classifications, 32 ~ ~. r r ~' h, ~. and the effect on the administration of employer-em- ployee relations created by the fragmentation of classifications and. proliferation of units. -11- ~~ ~ ' \Y. ^~ ,_ .~, 1 11 ~y II ~ , ~ - ~' ,~ '~ 2'~ I~ ~I J ~~ I it t '., r { e ~ Effect on the classification structure and~'+` ~`~I r~ ,, ~.mpact on the.. s.tahility of the employer-employee re-:, ,t"~ lat•ionship of'di_viding a single or related classLfi- cations among two or more units 5.I Notwithstanding the foregoing ~~ro~-isions of this: :section, LL. ~ ,: •' ~. 6' man~~gement and confidential employees shall not '~e included i~~ ~I 7~~ any unit, supervisors employees shall on1Y be included in a ' i ~. ~~~ ~+a+~: 8 ii unit consisting solel}~ of supervisory employees, ~~nd. such ~ !`.. Y a~'r. ah~ li ~ i supervisory unit shall not.. be represented by a Recoc,nized Fm=~'„~ ~ '~^~ 1011 hloyee.Organiza.ticn that represents non-supervisor, employees;'. 11' I 121 1SI 1.4 I ZJI 1G I 7 l 1~3 ii cl,~s~sifications, or positions. from units in accordal;ce jJl.t it the , 1~~I provisions of this Section 20 11 • 21~; Sec ~ 1'roccclure for rlodificatior, of i i 22'~ bstablished Appropriate Un.tts 23I Requests by employee organizations for moditications of II 2~~I established appropriate units may be considered b~ the bmplo}~ee r~.l t: ~A' ?5'~ 2G1 2'7 ~6 j 2g 30 i 31 .x,~ 4. .. T:r ' , P. y. > ! 1 c.~f file City, and professional employees shall not ue denied the r.aght to be represented in a separate unit from non-profess.ton- al employees The Employee Relations Officer~shall,_after notice to rind consulstation with affected employee organizations, allocate nAw° classifications or positions, delete eliminated classi.fica- bons or positions, and retain, reallocate or delete modlfiea a., I i Rela.tions Off°icer only during the pe.r.iod .~pec.ifled in Sec 7 0!~ 1 this Article I.I.. Such requests shall be submitted in the form i of a. Recognition. Petition, and, in addition to'the requirements i set forth in Sec. 3 of this Article, shall contain a coml~let.e i statement of all relevant facts and citations in suppc,rt of the proposed modified unit in terms of the policies and standards i set forth in Sec. 8 hereof. Tile Employee Relations- n£ficer ~~ shall rocess such 3~~1 P petitions as other Recognition Petitions ~~ j I~ ` I} ,:. ' 1 -12 - •-~~~~- I e`t ~1~4,,?t ' I~ 1 .~ ~ ~( s:y r:.2. .soya O, _ { _ f f ` -»a:~rs~. s _... 4.,,...;.c,+ u~°~".~e,..~o, .,~~y -.... ._.. :~_-... '"~~^'_ ..„,L +. s3 ,e .~'~,~. ... _..4 ~v '!ql' d, e .. ,~ ~ I c rtf rr~ V s y r. C1 n~ F 1 ~ ~ 4 ~i'.~ ' ` 1 ~; und.er t11is~~ elr title I~I ~~` ~~. Y A~ ti. 2I~~ 1'he• Employee Re la ions OfF.icer may on iris own motion pi.o- r:; 3(I pose during the period specified in Sec. 7 of this 1lrticle,;. (i u j 4Ii. that an est~-rblislted unit be modified The Employee Relati'ons• 5 _ G 7 B 9 TO 11 12 1..! ~ 11'~ 15 16 ?7 18. I ~. s i 20 Officer shall give written notice of t_he proposed m<~ditica-~ ., .~;: tion (s) to~>an} affected employee organization and shall hold"~~a`' meeting concerning the proposed. moaification(s), at which time; ~~;r;: all affected employee organizaaions shall be heard Ther.ear ear " ',~.e; :. ;~ ~. the Er^htoye.e 1tel.ations officer' shall dE~termine the compositi ~; ~?~~..~ of. the appsopriat.e unit. or units in ~3ccordance with Sec 8 ~o y~y this Article II, and shall give. written notice of such deter-~ ruination to: the affected employee organizations The Employee Relations' Officer's determination ma}~ be appealed as provided in~ Section 1-0 of this Article. If. a unit. is modified pursuant ~:;; .r - . . t~ the motion of the Emplo}ee Relation:, Offz~er i,ereunder, e~i- pT.oyee organizations ;t}a,~ there.ar.ter file Recoanit.lon Z>et.itlons. see}.ing to ~5ecome the Recuclnized Encplo,~ee Orc;anza-tion for such nr~~,~ a;~prupr~iate unit. or. units.: pursuant to Sec uereof 21iI ~\n erne-loyee organization. aggrieved by ar: aprropriate unit-. x. 22 detcrrlr.na.t~n of the Lmpl.oyee Rel~~t,.uns G_` f _~ ~ er under- r_lri:~ - ( l,rt.icl.e II` ma' within ten 1Q) da s f. n - , 2~ i , . ( ~ o once t_ner.POf , requ~..~• t ~'= 2.1~~ tl:e intervention o;: the Calirorni:a State Concili cti.on Service 25 26 ~./ ~ ^~ 4 I _ 29 30 31~ ~+n employee oruanization aggrieved by a determi.c~~tion of ~2, the Employee Relations Officer that a Recognition i'etition r.' v I . ;, ~: ~~ + 1 M1' 3 t..l. .~i ~::: i 1 - .. - .. ., i .. pursuant to Government Code SP.Ct10115 350 ~, 1 anti t`_~U7 3, or nri; , ~ I iii lieu thereof or thereafter., appeal such deterr.~~nation to thc~ ; Cif-, Council for final decision within fif.treF~n (15) days of 1 nctic,F of the Employee Ielations Officer's determination or. the tf~rmination of proceedi.nys pursuant to Government Code Sections 3~~07.1 or 3507.3, whichever is later. :13- ~. ~. ~': -~ ,~:;. -.. ~- ~ ~ ! r ~ , n~ ~ r ` ~ e1 .... 1' ~ I 6 - 2 7 ._ r x ~ .~ :Y Y'~. _}:. + ~+r ~~~~: w. ~,.. ,., a~i R~ , ~ fS 1I 2 3 4 5' G ?I 8 9 10 11 12 (Sec 3); Challenging.Petition (Sec S} or De'certlfication Petition (Sec. 7) -- or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Peti- tion (Sec. 7) -- has not been filed in compliance with the , applicable provisions of this Article, may, wtt}lin fifteen (15) da,s of notice of such determination, appeal the determination to the City Council.. f.or final decision. `, Appeals to the City Council shall be filed in writing w~,~h '~:~ the City Clerk, anal- a copy thereof served on tlae Employee Re~~~a- ,~,,;. b ons Officer. The City Council. shall commence to consider the matte r within t h i r.ty ( 3 0) d ay s o f the-f-i~rn-g-o~f--thg~- aP 15~a~T The City Council may,. in its discretion, refer the dispute to a 13 ~I 14' 15 1G 17 18 191 20! 21 22 23 24 25 26 27 28 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 Relations Officer with- in fourteen (14) days of such change. 29 Sec. 12. Payroll Deductions on Behalf of 30 Employee Organizations, 31 Upon formal acknowledgement by the City of a Recognized 32 Employee Organization under this Resolution, only such Recog- -14- i _.. ... ,..+ ., ~ ,F, •5;?r~ t.. ~. ~`~ti , ,. li I 2' 3I 4! ~ r.~ .i ~ '. nized. Em to ee Or anizator~ ma• be y ~ p Y y y provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employ- ees in the~unit represented by Recognized Employee Organization- 5) on forms provided therefor by the City. The providing of such. II .~,. 6II service to the Recognized Employee Organization by the City G: 7II shall be contingent upon and in accordance with the provisions ,{ $) of t•lemoranda of Understanding and/or applical~Te administrative;, II ~r(~p 9 II procedures . ?l'? to ''~. ~~ ~~~ 11 12 13~ lei T5 I6 17 18 lg~ 20~ I 21 22, i 23~ ?,~ I ?5I 26~ 27 28 i 29~ 30I 31) Se.c. 13. Employee Organization Activities -- Use_of City Resources. Access to City work locations and the use of City paid time, facilities, equipment an d. other resources by employee or- ganizations and. those representing them shall be authorized only to' the extent provided for in Memoranda of Understanding and/o r'administ.rative procedures, shall be lzmited to active- . ties pertaining directly to the employer-employee relationship and not. such internal employee organization business as soliciting membership,. campaigning for office, and organization n;eetings and elections, and shall not interfere with the effi- ciency, safety and security of City operations. Sec. 1~1, f'ldministrative Pules anti Procedures The City rianager is hereby authorized to establish such ~,~ rules .and procedures as .appropriate to implement and administer the provisions of this Resolution. after consultation with affected employee organizations. 32' I r .. ....art. - .:` tl .. .'" ~"_t. `:ti-; ~ TaJ 5.' ~ „.~~ /-. i. .' V ~ ~. ~. ' '~ .:}:. -15- ~ ~ e.t r~~> 1 2 3 4 5 6 7 8 9 l0 l 1 ]. 12 13 I4 15 16 17 18 19 20 2I 22 23 24 25 26 27 28 29 30 31 Z.. 4t '~ ; -~ r r.:._"a.» .i.,:,r`° _»,...s'~~7 a rr..~ ~{~~a ~.as.~.~ ~_,...« _ ,~_. R ~ ~ ~ I '- ~fLyr S. I F:, ~- 7 s w s ° x ~ ~' ~ A$T'IC:LE, IV -~ ~ IMPASSE PROCEDURES ! I r ~. _ *: i. Sec. 1.5. Initiation ogf hm asse Procedures.. ~~ Tf the meet. arid' confer. `process has:;..,.reached impasse as de- ~ , .r,,: .r fined im this Resolution, e°ither party may initiate the impasse ~ p-rocedures by filing with the;, other party a written request for t an impasse meeting, together,~,,with a statement of its positiont` ~ :,~ I ,~ +. 3 7, on all disputed issues. An impasse meeting shall then be ~~4. .aj;,:i '"~ "~ I scheduled promptly by the Employee Relations Officer. The p r~- ~~ s: ~;;. iy_,~ ~ I pose of such. impa5sse meeting:=~.;,shall be :._ ~a' ., ~. _ -_ a• ~T~--i-di-fy and specify in writing the issue or."issues that.;~remain in dispute. __:. b.. To review the position of the parties in a 11~ ~;,. 'j'„.',~'1 , f-final effort to reso ve such disputed issue or ! " I issues ;, .'`and ~~`~-`:`'' ~. 1 ~:., i F .i:. ~~ c.,:..: If the dispute is not resolved., to discuss _ r ,`,~ arrangements for the utilization of the impasse pro- cedures provided herein. ~~as;; - -, .'..yy Sec.. 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 media- tor,, the dispute shall_be submitted to mediation. All mediation proceedings shall. be private. The me- ,: ,'~ diator shall make no; public re ommehdation, nor take J ':. any public position at any time. concerning the issues. b. If the parties failed to agree to submit "`~"- the dispute to mediation or failed to agree on the selection of a mediator, or failed to resolve the 32 dispute through mediation within fifteen (15) days "r- m ,~.Y€. ~_ ~ ~1 :'w, ~.a. _ t ~. '<. ..t ~. ~Il ~.. * ~ ~ ; ,` .>:_16- -, ,,:r~, : ~;,~~~, <~:.. x r 1, ' „ a ~s $ ' .t f -t x J'+" t, ,$C ~ e sib, -~i ~i ~7 ~: 1' after the mzd_iatoi cammencad meeting with the pare= i `~ ., 2 ~_, ties, t`~e,.~'arties may agree to submit the impasse to r }y' ~ ~ 3. . r, ~~'' fact-find"ng. ~~~~. 4. c. Lf. the parties. agree on fact-finding,. they 5~ ~` may agree °oi~ the appointment of one or more fact-fin.- 6 ~ ders. If" they fail to so agree on one or more fact-'`; F 7 finders, a-.fact-finding. panel of three (3~ shall bed:. E. appointed in the following manner One member of the r~, -° ~ 9 :: panel shall. be appointed by the r.mployee Relations ,,.. 10 .,'Officer,:orie member shall be appointed by the Recog~~ 11 x nized Employee Organization, and. those two shall name ~: k. 12 a third, who shall be the chairman. If they are un- r " 13 able to agree upon a third, they shall select by a- ! ° 14 ~ g„reement'fhe third member from one or more lists of ~ i 15` '~. names to~ b'e provided by the- American Arbitration As- ,, 16 sociation°.::. 17 !,.,, ~ The following"constitute the.~urisdictional and procedural ~~ t. ~' G 28.. requirements for fact-finding: 1'g' ?'" ~(1) The fact-finders shall consider and be I~ 20 guided by applicabhe Federal. and State laws (and, i 2T. ' ~^ Charter provisions) . ! ;~ 22 (2) Subject to the stipulations of the ~~ 23: parties, the fact-finders shall. determine and apply ,~. 24~~. the following measures and criteria in arriving at 25 the ix findings and' recommendations. ,, ~, 2g (a) As relevant to the issues in dis- 2~Ti pute, the fact-finders shall compare the total com- i 23 pensation,. hours and conditions of employment of the i~ 29, employees involved in the fact-finding proceeding 3.0 with the total compensation, hours and conditions of 31 employment of other employees performing similar ser- ~° 32 vices in public and private employment in the same j i -17- f. ,; 1 4 _.. E - Y .- +'~~ h ry ae . 1 I 1 Sx ' -~ Lr - ~ N t t , , 4e .Lw f ~ t i'. 1 sir Y$ ~ I.;! ' a r '~« ! 1 r {", ~ ' ~ ~~~ Lr ~ ,~ ~ 1 , ` ' _i ~ ~ ! 4Ff , and comparable c~nununities, i ~ "T~tal compensation" `~' ~ . 2 sha1T mean all. wage compensation, including. b.ut no >~. . '°`~ ~~- t- 3 f limited to premium, incentive, minimum, standb = y out- 4 ~ of°.c.lass and deferred pay, all paid leave time; all ,.. ~~„: 5 allowances,. incluaing but not limited to educationa],, -w=~ ~`°"~ and' uniform benefits; medical and hospitalization . .- ,,`' ~~ ~ benef.i..s; and insurance.,, pension and welf--are bene- ~~. .~: ,~~( °~' x~ - ~~~.i' I (b) The fact-finders shall then ~~? .. ,~ ,. ~.; , K: ;-- ;:ft adjy~st the results of the above comparisons based on -----'~~~ 11 the following factors ,.. 12 r ;;~~ ~ f.` `' ---- ---(-i) Equitable employment benefit _.. r., , 4 13 re.lationsh,ips between job classifications nd - a posi ~',~'''~ .:;~ 14 t.ions within the City. ,.~'.-~~`„ s'; 15 (ii) The pattern of change that.. ;<^• _. . 16 ~~ r has occurred in tiie total compensation of the employ- ~ _ „ 17 ~ ees`'in the unit at impasse as compared to the pattern ;.. ~y 18 f , of`change in_the average consumer price index for I ~_ -=Y'--= 19 ~_ goods and services, commonly known as the cost of I 20 living index.... i 21 ~. (iii) The benefits of job sta- . 22 ~ bility and continuity of employment. ~ - 2a (iv) The difficulty,. or lack 24 thereof., of recruiting and retaining qualified per- ~~~ 25 sonnel. ~, ~ ~ 26 (c) The fact-finder(s) shall then ;~ 27 determine recommendations based on the comparisons as ~ I ?8 adjusted above subject to the financial resources of` ~y the City to implement them, taking into account: 30 (i) Other legislatively deter- 31 mined and projected demands on agency resources, and 32 i ~ i ~~.. ~„ ;, -18- r ~3~ f } .l f 3 f f ' .. ~^ ... h .Y~•~ .-. w ~ _-.... _ . _ ~ . ~, ~ ~, ,~ ~x - - f ~. t• a y ^ ff. 'I ~ yk ` ~~ } { (, ,f i t 'yj ~ a y. ` ~;: u ~ ,~ s x ~. _.. ' '~ ~.. .~.. ,, :` <. ` ' I~ ~ ~ ~ .1 a`.~ a :i .l' y ... f ~ ~L {' I~S.t~ ~i i t. { '1 ; ~.. ~.. ~" +I = fi. ~ (11) Assurance' of sufficient and . #: sound budgetary reserves, and' 3 ~ ~ inn ~ ~ ` .- (111) Statutor • (and charter) I. 4 ~ .~ ~~_ limitations on tax. and other revenues and expendi- 5 ?I~ `f Lures '" ~;~, 6~ i~ (3) The. fact-finder (s) shall make written,i 7' ~' ~~ findings o.f fact and recommendations for the resolu-', 8` x t,. tion of the issues- in dispute, which shall be pre- ~`~. q 4' r r I seated in.terms of the criteria, adjustments, and `~` ^~y i 10 limitations specified above. Any member of ?:~~ a ~ i 1.1 y fact-finding panel shall be accorded the right to 12" - file dissenting written findings of fact and recom- i 13 ,.mendations. The fact.-finder or chairman of the 14 `fact-finding panel. shall serve such findings and" 15 _ recommendations on the Emplo}gee Relations Officer and 16 the designated representative of the Recognized Em- l.? 'ployee Organization. If these parties have not re- 18 _ solved the. impasse within ten (1~) days after service 19 ~' ,of the findings and recommendations upon them, the 20 `fact-finder or the chairman of the fact-finding panel 21 shall make them public by submitting them to the City 22 Clerk for consideration by the City Council in con- 23"I nection with the Council's legislative consideration 24 of the issues at imp-a-s`se. 25 d. If the parties agreed~,to submit t11e impasse ,, ~~ .26 directly t.o the City Council, or if the parties did 2'l F 28 2 9~ 3 0I ~,A a;.Y-T~. ~z 4 ~~ r"- ~~ t ~.ti. vs1` , ~ c r~. . 31 (I 32r ,~. ,., - . r ,x~ not agree on mediation or the selection of a mediator ar~d did not. agree on fact-finding, or Izaving so agreed, the impasse has not been resolved through such mediation and/or fact-finding, the City Council shall take such action regarding t}Ze impasse as it in its discretion deems appropriate as in the public in- -19- ..,. ~t• ~1• -~ 4 ~ ~, a~ -; i. ~. i '~\'.. ,:y ~~, .. ~ ~. .n ~ ~ .. ,...., a ~ tea' } ~ } r .- x ~: .. .,. ~: ~ ,; .. :. ~ p?« _ _r_, c .. a~ t V ~~. ~ ~ . 7 ~ t ; I . i d s . ' Y . y: ~ ~1; ~ 1 : ~' t ' ~- . : ~ erest ~iiy legsl,ative action by the City C buncil .. 2. ~I- `' on the -impasse shall b f t ,: j . 4'` 5'.i ~i 6' 7~~ 8~~ y,: 10'. s ~, 111 12I T3 e anal and binding. ~:~- ,:-, t: w?`` ~ I j~, ~: S~eMc.. 17 Costs of Impasse Proced~ure~s ' ~,, Tlie~ costs fc~r`'tre sere ices of a mediator and fact-finderit; '~l or chairman of a- fact-fin~3irg panel utilized by the parties, ~; and other mutually incurred costs of mediation and fact-find- ~-; ~ ~. ,~ ''`~~ ing, shall be Lorne equally b}. the City and the Recognized Em--` ~. I ployee Ur,ganizat~ion. The cost for .a fact-finding panel membez ;,, Y~~; selected by each party, and other separately incurred costs ~+ ~: -, shall. be borne by~such party. t:, 14 _~ ARTICLE'V -- MISCELLANEOUS PROVISIONS 15, f.> i 1~6~ Sec.. 18 Co:ristruction. 17 This. Resolution shall be administered and construed as 15; ' follows.:.: 19 a... Nothing in this Resolution shall be con- 20 strued to..;deny to any person, employee, organization, 21 the City, or any authorized officer, body or other 22 representative of the City, the rights, powers and 23~ authorit}~ granted by Federal or State law (or City 24I C}~arter ,provisions). 25 b.~ This Resolution shall be interpreted so as "~ ~ 2G to carr out its y purposes as s e~ forth in Article I 2i7~ c,. Nothing ,in this Resolution shall be con- 2g strued as .making the provisions of California Labor 29 Code Section 923 applicable to City employees or em- 30 ployee organizations, or of giving employees or em- ~ 31 , . ployee organizations the right to participate in, ~- 32j support, cooperate or encourage, directly or in- . r t; ~. ;- - ~ ~ - -_ u- a Y ~ K S., _ 9f .e+• i~ 19 .J !7 ~~ `f r ~ ~ ~~ E' i - , ,. ._ _._ t y7'ti. Y a.,3. ~ , n r:r C~ .... ~ '~.. i..4. i ,~ ,_~ ^ ~. `~ sl ~~ '2 .I 3' 4 II I t 5I 6i 7( i ,. t: r ,~:i ~;. , t.,, , directly, any st.r:.ke, si.ckout or other total or par- teal stoppage or slowdown of work In the event em- plo; ees engage in such actior;s , they shall suaje~.t tr~emselves to discipline up t~ and including tern~ina- tiun;aild may be deemed to have abandoned their em- ,, ployment, ~3nd empl~~yee organizatzans may thereby ford teit.~all rights accorded them under this Resolutlon~,:'j ~. and o.thet_ :.it~• law for a pr riod up to one (1) year ~`=~ti -, `, from commencement of such activity. sE:` ~~S ',f ~. 11. Sec. 19. severabilit~. 12 _ If any provision_of th~._ 13 Such provision 'to any person 14 valid, the remainder of this 15 such provision to persons or 16 to which it is held invalid, 17 18 19 20 21 ATTEST 22 s_~iesa-~u-t--~-c3 r-r,-o f "the app 1 i c a t i o n o f or circumstance, shall be held in- Resolution, or the application of circumstances other than those as shall. not be affected thereby /S/ -JAMES E-.--ROWE Mayor, City of Lynwood 23 /S/ JOSEPHINE. L. SHEPHERD City Clerk, City of Lyntivood 24 2J 26 2'7 n,$ , N 29 30I 31~ 32I I ,... ~ ~m..,.~.<. , ~ _ ._t_ ,_ ~~ ... ;,_ ~.~ ~:° ;:;. ~~~ -21- Ii t I~ t if ~' ~: ii' f~ f! ~~ -' .` STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, JOSEPHINE L SHEPHERD, 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 21st day of February, 197 ~. AYES Councilmen BYORK, HIGGINS, MORRIS, ROWS NOES Councilmen NONE ABSENT Councilmen GREEN \ '` ~ J / u,~-: ., - ..~ ~City'Clerk, City of Lynwood- ~ ~ ~~` F ? { ' i ~ ;~,, u+~ - y... ~~ , Y'nt~.j .• STATE, OF~CALIFORNIA 1 r~ :~~r .~ s s ... ... COUNTY. OF LOS ANGELES ) ;~ 9 I„ the; ,:undersigned, City Clerk of the City of ~~ _ Lynwood,. =d'o hereby^~s:certify that the above and foregoing resolution was duly adopted. by the City Council of said city at.a regular meeting thereof held in the City Hall. of said. city on the 21st day of February 197_, ,Z .. and passed by the following vote. ~,~ AYES: ~, COUNCILMEN B.YORK,, HIGGiNS, i°?OP~RIS, ROGv'E. q - - NOES: ~ COUNCILMEN NONE.=' ABSENT::, COUNCILMEN. GREEN. 4 .~., <. ;: v _ /S/ Josephine L. She herd .; City Clerk, City of Lynwood } ~ ... STATE OF CALIFORNIA: ~` ) ~,~ ;~ ss . . COUNTY OF~LOS ANGELES ) :, - -- _ -- __ I, the-~';undersign~d~~ City.. Clerk of the City of ~R ,- Lynwood,.,. and clerk. Hof the City Council of said city, do hereby certify that the above. and foregoing is a full, true and correct copy of. Resolution N.o. 78-17 on file in my office and r that said resolution was adopted on the date and by the vote therein stated. Dated this 2nd day of Iviarch , 197 8 ~, ~%. < i' ~ ~ ~ L ~ ~ ~~ ; x .C ~. G. l is L L r L t_ l ...y...-.~ 1. ^'(. i"l. '.- ,~City Clerk, City of Lynwood ~~s ~. ~., ~~ _ ~ y= ;: } F? .~. 4 ,> ~ ~fe ~.: ..w,. ~ ., ~ .r~,:, t. 5 '~.~ .. 4 . '.l ''f