HomeMy Public PortalAbout69-026 (05-20-69) :'"� ' " . � , ' .
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RESOLUTION No. 69-26
A RESOLUTION OF THE CITY OF LYNWOOD IMPLEMENTING
CHAPTER 10, DIVISION 4, TITLE l, OF THE CALIFORNIA
GOVERNP9ENT CODE - EMPLOYER_EMPLOYEE RELATIOiVS
WHEREAS Chapter 10, Division 4, Title 1 of the Government
Code of �;'he State of California was amended effective January 1, 1969
for the purpose of promoting improved employer-employee relations
between public employers and'their employees by establishing uniform
and orderly methods of communication bet�veen employees and the public
agencies by vahich they are employed; and
WHEREAS Government Code Section 3507 empowers a City to
adopt reasonable rules and regulations after consultation in good
faith iaith representatives of its employee organizations for the
administration of employer-employee relations; and
WHEREAS the City of Lynwood desires to adopt such reasonable
" rules and regulations as authorized by law:
� --- - IQOW THEREFORE TiiE - CITY COUNCIL OF THE CITY'OF LYIVLJ'OOD" DOES"
HEREBY RESOLVE AS FOLLOWS:
SECTIOPd l. TITLE OF RESOLUTION
This resolution shall be known as the Employer-Bmployee
Relations Reaolution of the City of Lynwood. ,
SECTION 2. STATEMENT OF PURPOSE -'
The purpose of the resolution is to implement Chapter 10,
Division 4, Title 1 of the Government Code of the State of California
(Sections 350o et seq.) captioned "Public Employee Organizations,"
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by promoting full communications through the establishment of orderly
procedures for the administration of employer-employee relations
between the City and its employee organizations and £or resolving -
disputes regarding wages, hours, and other terms and conditions of ,
employment.
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SECTION 3. DEFINITIONS
As used in this resolution, the following terms shall have
the meanings indicated:
(A) APPROPRIATE UNIT -- means a unit established pursuant
to Section 10 of this ordinance.
(B) CITY -- means the City of Lynwood, a municipal cor-
poration, and where appropriate herein "CITY" refers
to the City Council, the governing body of said city,
or any duly authorized management employee as herein
defined. �
(C) CONSULT OR CONSULTATION IN GOOD FAITH -- means to
communicate verbally or iri writing for the purpose of
presenting and obtaining views or advising of intended
actions.
(D) EMPLOYEE -- means any person regularly employed by the �
City except those persons elected by popular vote.
-' " ' ' (E) EMPliOYEE; CONFIDENTIAL -- means an employee who is
privy to decisions of City management affecting
employer-employee relations.
(F) EMPLOYEE; MANAGEMENT means:
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(1) Any employee having significant responsibilities
for formulating and administering city policies
and programs, including but not limited to the
Chief Executive Of£icer, department head, or his
�thorized re�resentative.
(2) Any employee having authority to exercise independ-
ent judgment to hire, transfer, suspend, lay �
off, recall, promote, discharge, assign, reward,
or discipline othe'r employees, or having the
responsibility to direct them, or to adjust their
grievances, or effectively to recommend such
action if in connection caith the foregoing.
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(G) EMPLOYEE, PROFESSIONAL - means employees engaged
in work requiring specializea knowledge and skills
wh'o have ob'tained State re�istration including, but
not limited to attorneys, engineers, architects,
teaehers, etc.
(H) EMPLOYEE ORGANIZATION -- means any organization
which includes employees of the City and which has as
one of its primary'purposes representing such employees
in their employment relations caith the City.
(I) ED4PLOYER-EMPLOYEE RELATIONS -- means the relationship
between the City Government and its employees and their
employee organization, or when used in a general sense,
Lhe relationship between City management and employees
or employee organizations.
(J) GRIEVAtdCE -- as this term is defined in Section 14.
(K) IMPASSE - means (1) a deadlock in the formal discussions
between ari 'auth'orized representative of a formally �
rec'o"gnized'employee association and the city over any
matters concerning which they are required to meet
and confer in good faith, or over the scope of such
subject matter; or (2) any unresolved complaint by
an affected employee or�anization, advanced in good
faith, concerning a decision of the Municipal Employee
Relations Officer made pursuant to Sections 9, 10, or..
11 of this resolution.
(L) RECOGNIZED REPRESENTATIVE -- means an employee organ-
ization, or its duly authorized representative, that
has been granted formal recognition by the Municipal
Employees Relations Officer as representing the majority
of employees in an appropriate unit.
(M) P9EDIATION OR COVCILATION -- means the efforts of an
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impartial third person, or persons, functioning as
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intermediaries, to assist the parties in reaching a
voluntary resolution to an impasse, through inter-
pretation, suggestion and advice. Mediation and
conciliation are interchangeable terms.
(N) MEET AND CONFER IN GOOD FAITH (sometimes referred to
, herein as "meet and confer" or "meeting and conferring")
-- 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 confer in good £aith 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 representa-
tives, 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 a concession.
(0) MUNICIPAL EMPLOYEE RELATIONS OFFICER -- means the
City's principal representative in all matters of
employer-employee relations designated pursuant
to Section 12, or his duly authorized representative.
(P) RESOLUTION -- means, unless the context indicates
otherwise, the Employer-Employee Relations Resolution
of the City of Lynwood.
(Q) PEACE OFFICER -- as this term is defined in Section 830,
California Penal Code.
(R) RECOGNIZED EMPLOYEE ORGANIZATIONS -- means an employee
organization which has been acknowledged by the City
Couricil or the Municipal Employee Relations Officer
as an employee organizationthat represents employees
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of the city. The rights accompanying recognition
are either:
(1) Formal Recognition which is the right to meet
and confer in good faith as the recognized
representative.in an appropriate unit; or
(2) Informal Recognition which is the right to
consultation in good faith by all recognized
employee organizations.
(S) SCOPE OF REPRESENTATION -- means all matters relating
to employment conditions and employer-employee relations,
including, but not limited to, wages, hours, and other
terms and conditions of employment. City Rights �
(Section 5) are excluded from the scope of represen-
tation.
SECTION 4 EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join
and participate in the activities of employee organizations of their
own choo,sing for the purpose of representation on all matters of
employer-employee relations including but not limited to wages, hours
and other terms and conditions of employment. �mployees 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
o£ these rights.
Employee organizations may 'e'stablish' reasonab'le re'strictions
regarding who may join and may make reasonable provisions for the
dismissal of individuals from membership.
SECTION 5. CITY RIGHTS
The rights of the City are (�xis�i�d�
��e-e�e�as�se_��g��) to determine the mission of its constituent depart-
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', ments, commissiors and boards; set standards of service; determine the'
procedures and standards of selection for employment,.promotion and
demotion; direct.its employees; take disciplinary action; relieve its •
employees from duty because of lack of work or for other legitimate
reasons; maintain the efficiency of governmental operations; determine
the methods, means and personnel by which government operations are
to be conducted; determine the content of job classifications; take
all necessary actions to carry out its mission in emergencies; and
exercise c'omplete control and discretion over its organization and the
technology of performing its work. The scope of representation shall
' not include consideration of the merits, necessity, or organization of
� any,service or activity provided Uy law.or�executive or�der. The
, exercise of such rights does not prec'lude.employees or their authorized
_ representatives from meeting and consulting a'bout the consequences
that decisions on these matters may have om wages, hours; and other
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terms and conditions of employment.
SECTION 6. CONSULTATION IN GOOD FA'ITH - SCOPE
Al1 matters af£ecting employer-employee relations, including
•, those that are not subject to meeting and conferring,.are_subject to
consultation. The City, through its representatives, shall consult
in good faith with representatives of all recognized employee organ-
izations on employer-employee relations matters which affect them.
� Proposed amendments to this r esolution are included in the Scope of
Consultation in Go'od Faith
_ SECTION 7. ADVANCE NOTICE � '
Reasonable written notice shall be given-to,each recognized
employee organization affected by any ordinance, rule, resolution,
or regulation directly relating to matters within the scope of
representati_on proposed to be adopted by the City Council or by any
' board or commission of the City, and each shall be given the oppor-
tunity to meet with such body prior to adoption.
SECTION 8.' MEET AND CONFER IN GOOD FAITH - SCOPE
(A) The through its rep'resentatives, sha11 meet and.
confer in good faith with reoresentatives of formally recognized
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_ �employee organizations with recognized representation rights'regarding
matters within the scope of representation including wages, 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 resolution are excluded from the scope of ineeting and conferring.
SECTION 9. PETITION FOR RECOGNITION
There are two Ievels of employee organization r.ecognition -
informal and formal.. TYie recognition requirements of each are set
forth below. . -
. � (A) FORMAL RECOGNITION -= THE RIGHT'TO MEET AIdD CONFER IN
� GOOD'FA'I1H AS RECOGNIZED REPRESENTATNE: An employee organization that ,
seeks formal recognition for purposes of ineeting and conferring in
.. good faith as the recognized representative of employees in an
appropriate unit shall file a petition annually with the Municipal
Employee Relations Officer containing the following information and
documentation:
(1) Name and address of the employee organization.
(2) .Names and titles of its officers.
. (3) Names of two employee oraanization rep'resentatives
. who are authorized to meet with the Municipal' Employee
• Relations Of£icer to speak on behalf of its members.
. (4) A statement that the employ,ee organization has as
one'of its primary purposes the representation of
� employees in their employment relations with the City.
� (5) .A statement whether.the employee organization is a
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' chapter or local of, or affiliated directly or in-
directly in any manner with, a regi'onal or state, or
`natiora=l or international organization, and, i£ so,
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the name and address of each such regional, state, or
international organization.
(6) Certified copies of the employee organization's
' constitution and by-laws.
(7) A designation of those persons, not exceeding two in
number, and their addresses, to whom notice sent by
regular United States mail will be deemed su£ficient
notice on the employee organization for any purpose.
(8) A statement that the employee organization recognizes
that the provisions of Section 923 of the Labor Code
are not applicable to City employees,
(g) A statement that the employee organization has no
restriction on membership^based on race, color, creed,
sex, or national origin.
(10), The job classifications_or titles of employees in the
unit claimed to be appropriate and the approximate
� number of inember employees therein.
(11) A statement that the employee organization has in its
- possession written proo£, dated within six months of
the date.upon which the petition is filed, to establish
that employees in the unit claimed to be appropriate
have designated the employee organization to represent
them in their formal employment relations with the City.
,,..', Such written proof shall be submitted for confi-rma-
tion to the Municipal Employee Relations Officer or to
a mutually agreed upon disinterested third party.
(12) A'�request that the Municipal Employee Relations Officer
recognize the employee organization as the recognized �.
representative of the employees in the unit claimed to
be appropriate for the purpose o£ meeting and conferring
in good faith on all matters within the scope of
representation. ,
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(13) A statement that the emplovee or�anization will provide
� on demarid satisfactorv proof of ability to meet the
cost of arbitration as part of the impasse procedure.
� (B) INFORMAL RECOGNITION - THE RIGHT TO CONSULT IPd GOOD
FAITH An employee organization that seeks recognition for purposes
of consultation in good faith shall £ile a petition with the Municipal
Employee Re7ations 0£ficer containing the following information and
documentation:
(1) Al1 0£ the information enumerated in (A), (1) through
(9) of this Section, inclusive.
(2) A statement that the employee organization has in its
possession written proof, dated within six months of
the date upon which the petition is filed, to es-
� tablish that employees have designated the employee
� organization to represent them in their informal
' employment relations with the City. Such written
proo£ shall be submitted for confirmation to the
Municipal Employee Relations Officer or to a mutually
agreed upon disinterested third party.
�3) A request that the Municipal Employee Relations'
Officer recognize the employee organization for the
" purpose of consultation in good faith.,
_ (C) The'petition, including all accompanying documents,
shall be verified, under oath, by the Executive Officer and Secretary.
'of the organization that the statements are true. Al1 changes in
� . such information shall be filed forthwith in like manner.
(D) The Municipal Employee Relations Officer shall grant
recognition, in writing, to a11 employee organizations who have
complied with Section 9�A) or (E) and (C) for purposes of consultation
- in good faith for.its members, Employee organizations seeking formal
recognition as recognized representative must, in addition, satisfy
x the requirements of Section 11 (A) (1), below. No employee may be I
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represented by more than one recognized employee organization £or
the purposes of this resolution,
SECTION 1Q APPROPRIATE UNIT
(A) The Municipal Employee Relations Officer, after review-
ing the petition filed by an employee organization seeking formal
recognition as recognized representative, shall determine whether the
proposed unit is an appropriate unit. The principal criterion in
making this determination is whether there is a'c'ommunity of interest
among such employees. The following factors, among others, are to
be considered in making such determination:
(1) Which unit will assure employees the fullest freedon
in the exercise of rights set forth under this
reaolution.
. (2) The history of employee relations: (i) in the unit;
' (ii) among other employees of the City; and (iii) in
similar public employment.
(3) The effect of the unit on the efficient operation of
the City and sound employer-employee relations.
{4) The extent to which employees have common skills,
working conditions, job duties or similar educational �
requirements.
�5) The effect on,the existing classification structure
of dividing a single classi£ication eamong� two or more '
units. �
, Provided, however, no unit shall be established solely on the basis of
the extent to which employees in the proposed unit have organized. �
(B) In the establishment of appropriate units, management,
professional or confidential employees shall have the right to separate
representation, but shall not be included in the same unit with
non-management, ��non-professional, or non-con£idential employees for
purposes of ineeting and conferring,5.nor may they represent such
' employees on matters within the scope o£ representation.
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' SECTION ll. RECOGNITION OF EMPLOYEE ORGANIZATIONS AS RECOGIdIZED
REPRESENTATNE - FORMAL RECOGDIITION • .
(A) The Municipal Employee Relations Of£icer_shall:
(l) Determine the recognized representative of City
employees in-an appropriate unit by arranging for a
secret ballot election or by any other reasonable
method which is based upon written proof, and is de-
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signed to,ascertain the free choice of'a majority of
such employees. The employee organization £ound to
represent a majority o£ the employees in an appropriate
unit shall be granted formal recognition and is the
only employee organization entitled to meet and confer
in good faith on matters within the scope of representa-
tion for employees in such unit. This shallnot preclude
� other recognized employee organizations, or individual
employees; from consulting with management representa-
tives on employer-employee relations matters of
concern to them.
. � (2) Revoke the recognition rights of recognized
representabive which has been,found by secret ballot
' election, or by any other reasonable method which is
.• based upon writ'ten proof, no longer to be'the recognized
' , representative. . . ,
. (B) The recognition rights of the recognized representative
, designated in accordance with this Section shall not be subject to
` challenge by any other employee organization £or a period of twelve
months following the date of such recognition.
"SECTIOIV 1'2. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIOPdS OFFICER.
The City Council sha11 designate, by resolution, a P✓Iunicipal
` Employe'e Relations Officer who sha11 be tYie City's principal re-
presentative in all matters of employer-employee relations, with
authority to meet and confer�in good�faith on matters within the
scope of representation including wages, hours, and other terms and
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conditions of employment. •
The Municipal Employee Relations Officer so designated
is authorized to delegate these duties and responsibilities to an
� Assistant Administrative Officer employed in the Citv Mana�er's office.
SECTION 13. RESOLUTIOIQ OF IMPASSES
Impasse procedures may be invoked only after the possibility
o£ settlement by direct discussion has been exhausted.
The impasse procedures are as follows:
(A) MEDIATION (OR CONCILIATION) (Defined in Section 3"1N).
' All mediation proceedings shall be private. ,The
'. Mediator shall make no public recommendations nor
take any public position concerning the issues.
(B) A DETERMINATIOld BY THE CITY COUPdCIL - after a hearing
' on the merits o£ the dispute and/or after review of
an.independent, advisory, fact-finding report.
(C) Any other dispute resolving procedures to whieh the
, parties mutually agree or which the City CowZCil may
order. � -
Any party may initiate the impasse procedure by filing with
the other party (or parties) affected a written request for an
impasse meeting together with a statement of its position on all
disputed issues. An impasse meeting shall then be seheduled by the
Municipal Employee Relations 0£ficer forthwith after the date of
filing of the written request £or such meeting, with written notice�
to all parties af£ected. The purpose of such impasse meeting is
� two-fold: (1). To permit a review of the position of all parties in
a final ef£ort to reach agreement on the disputed issues, and (2) if
_ agreement is not. concluded, to mutually select the specific impasse
procedure to which the dispute shall be submitted; in the absence
-- of agreement be.tween the parties on this point, the matter shall be
re£erred to the City Council. •
The fees and expenses, if any, of inediators or of any other
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impasse procedure, shall be payable one-half by the City and one-half
" by the employee organization or employee organizations. •
SECTION 14. "GRIEVANCES
, (A) A grievance is any dispute concerning the interpretation
or application of this resolution, or of rules or regulations govern-
ing per,sonnel practices or working conditions, or o£ the practical
consequences of a City Rights. decision on wages, hours and other
terms and conditions of employment in appropriate cases.
(B) Grievances shall be processed in accordance with
, procedures established by the City.
' SECTIOIQ 15. M�MORANDUM OF UPdDERSTANUING
. When the meeting and conferring process between the City and
a formally recognized employee organization is concluded, all agreed
' upon matters sha11 be incorporated in a written memorandum of under-,
standing signed by the,duly authorized city and recognized.majority
'representatives. '�o avoid continuous discussions the written memo
o,f understandine'shall settle the matter within the scope of
� representation for a specific period of time.
As to those matters within the authority of•the City Council,
, the memorandum of understanding shall be submitted to the 'City Council
for determination.
. SECTION 16, CONSTRUCTION
(A) Nothing in'this resolution shalT be constr.ued to deny
any person or employee the rights granted by Federal and State laws.
� (B) The rights, powers and authority of the City Council I
in all matters, including the to maintain any legal action, �
- shall not be modified or restricted by this resolution. '
(C) Nothing contained in this resolution shall abrogate
' any written agreement between any employee organization and the
City in effect on the effective date of this resolution. All such
agreements shall continue in effect for the duration of the term
specified therein unless modified or rescinded Uy mutual agreement
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o£ the parties thereto.
(D) The provisions of this resolution are not intended to
`� conflict with the provisions o£ Chapter 10, Division 4, Title 1 of
' the Government Code of the State of Cali£ornia (Sections 3500 et seq.)
as amended in 1968. '
SECTION 1"�.: RULES AI1D REGULATIONS
� The City Council may adopt such rules and regulations
necessary to implement the pr.ovisioris of this resolution'arid Chapter 10,
Division 4, Title l, of the Government Code of the State of California
(Section 3500 et seq.). � '
SECTION 18. SEPARABILITY
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 th'e application of such provision
' t d persons or,,circumstances other than those as to which it is held I
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�invalid,�.sha�11'.not be affected thereby, i
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, `APPROVED and ADOPTED this20th day of May_ , 196g.
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'• _ /Jufayor of the ity of Lynwood
C�
• ATTEST:
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Cit Clerk, City of ynwood
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STAT� OF CALIFORNIP. )
. ss.
CQUNT'Y Or LOS A�IGELES )
;, the undersi�ned r,�y Clerk of the City oi
Lynwood, do hereby certiiy tha* the above and f`ore�oi�� -
resolution was duly adopted by the City Council of said
city at a regular meeting thereof heid
in the City Hall ef said city on the 20th day of
May , 19 69, and passed by the following vote:
AYES: CGUidCILltE\� Green, Siokos, Smith, Steve
NOES: COUNCILT•�Eiq -
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; - - Av� ?i,t?T : COUNCILMEN .
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