Loading...
HomeMy Public PortalAboutAgreement_2014-07-01_The Temple City Employee Association_Memorandum of Understanding (MOU)FULL TIME CLASSIFICATIONS Accountant Accounting Te chn ician Administrative Coordinator Associate Planner Building Inspector Build ing/Ho usi ng Assistant Community Preservat ion Officer Community Services Specialist Deputy City Clerk Maintenance Worker Maintenance Lead Worker Management Analyst Office Assistant I Office Assistant II Park Maintenance Le ad Worker Park Maintenance Worker Parking Control Officer Parks and Recreation Coordinator Personnel Analyst Secretary Senior Community Preservation Officer Tree Trimmer Tree Trimmer Lead Worker CITY OF TEMPLE CITY TEMPLE CITY EMLPOYEES ASSOCIATION MONTHLY SALARY RANGES FIS CAL YEAR 2014-1S STE PS 1 2 3 4 $ 4,842 $ 5,035 $ 5,237 $ 5,446 $ 3,766 $ 3 ,916 $ 4 ,073 $ 4,236 $ 4,004 $ 4 ,165 s 4,331 $ 4,504 s 5,489 s 5 ,709 $ 5,937 $ 6 ,174 $ 4,856 s 5 ,050 $ 5,252 $ 5,462 $ 3,836 $ 3,989 $ 4,149 $ 4,315 $ 3,977 $ 4,136 $ 4,302 $ 4,474 $ 3,192 $ 3 ,320 $ 3,452 $ 3,590 $ 4,174 $ 4 ,341 $ 4,514 $ 4,695 $ 3 ,354 $ 3,488 $ 3,627 $ 3,772 $ 3,756 $ 3,906 $ 4,062 $ 4 ,225 $ 4,787 $ 4,978 $ 5,177 $ 5,384 $ 3,018 $ 3,139 $ 3,265 $ 3 ,395 $ 3,320 $ 3,453 $ 3,591 $ 3 ,735 $ 3,729 $ 3,879 $ 4,034 $ 4,195 $ 3,330 $ 3,463 $ 3,602 $ 3,746 $ 3,529 $ 3,670 $ 3,817 $ 3,969 $ 3,575 $ 3,718 $ 3,867 $ 4 ,022 $ 4,656 $ 4,842 $ 5,036 s 5,238 $ 3,675 $ 3,822 $ 3,975 $ 4,134 $ 4,455 $ 4,633 $ 4,818 $ 5,011 $ 3,267 $ 3,398 $ 3,534 $ 3,675 $ 3,659 $ 3,805 $ 3,958 $ 4,116 Exhibit 2 5 6 7 $ 5,664 $ 5,891 $ 6,126 $ 4,405 $ 4,582 $ 4,765 $ 4 ,685 s 4,872 $ 5,067 $ 6,421 $ 6,678 $ 6,945 $ 5,681 s 5,908 $ 6,144 s 4,488 $ 4,667 s 4,854 $ 4 ,653 $ 4,839 $ 5,033 $ 3,734 $ 3,883 $ 4,039 $ 4,883 $ 5,078 $ 5,281 $ 3 ,923 $ 4,080 $ 4,243 $ 4 ,394 $ 4,569 $ 4,752 $ 5,600 s 5,824 $ 6,057 $ 3,531 $ 3,672 s 3,819 $ 3,884 $ 4,039 $ 4 ,201 $ 4,363 $ 4,537 s 4,719 $ 3,895 $ 4,051 $ 4,213 $ 4,128 $ 4,293 $ 4,465 $ 4,183 s 4,350 $ 4 ,524 $ 5,447 s 5,665 $ 5,892 $ 4 ,299 $ 4,471 $ 4,650 $ 5,211 $ 5,420 s 5,637 $ 3,822 $ 3,975 $ 4,134 $ 4,281 $ 4,452 $ 4,630 FULL TIME CLASSIFICATIONS Accountant Accounting Technician Admin istrative Coordinator Associate Planner Building In s pector Building/Hou s ing Assistant Community Preservation Officer Community Services Specialist Deputy City Clerk Maintenance Worker Maintenance Lead Worker Management Analyst Office As sistant I Office Ass istant II Park Maintenance Lead Worker Park Maintenance Worker Parking Control Officer Parks and Recreation Coordinator Personnel Analyst Se c retary Senior Community Preservation Officer Tree Trimmer Tree Trimmer Lead Worker CITY OF TEMPLE CITY T EMPLE CITY EMLPOYEES ASSOCIATION MONTHLY SALARY RANGES FISCAL YEAR 2015-16 STEPS 1 2 3 4 $ S,084 $ S,287 $ S,498 $ S,718 $ 3,9S4 $ 4,112 $ 4,277 $ 4,448 $ 4,20S $ 4,373 $ 4 ,S48 $ 4,730 $ S,764 $ S,994 $ 6,234 $ 6,483 $ S,099 $ S,303 $ S,S1S $ S,73S $ 4,028 $ 4,189 $ 4,3S6 $ 4,S31 $ 4 ,176 $ 4,343 $ 4,S17 $ 4,698 $ 3,3S1 $ 3,486 $ 3,62S $ 3,770 $ 4 ,382 $ 4,SS8 $ 4,740 $ 4,930 $ 3,S21 $ 3,662 $ 3,809 $ 3,961 $ 3,943 $ 4,101 $ 4,26S $ 4,436 $ S,026 $ S,227 $ S,436 $ S,6S3 $ 3,169 $ 3,296 $ 3,428 $ 3,S6S $ 3,486 $ 3 ,626 $ 3,771 $ 3,921 $ 3,916 $ 4,072 $ 4,23S $ 4,40S $ 3,496 $ 3,636 $ 3,782 $ 3,933 $ 3,70 S $ 3 ,8S3 $ 4,008 $ 4,168 $ 3,7S4 $ 3 ,904 $ 4,060 $ 4,223 $ 4,889 $ S,08S $ S,288 $ S,499 $ 3,8S9 $ 4,013 $ 4,174 $ 4,341 $ 4,677 $ 4 ,86S $ S,OS9 $ S,262 $ 3,431 $ 3,S68 $ 3,711 $ 3,8S9 $ 3,842 $ 3,996 $ 4,1S6 $ 4,322 --------- Exhibit 3 s 6 7 $ S,947 $ 6,18S $ 6,432 $ 4,626 $ 4,811 $ S,003 $ 4,919 $ S,116 $ S,320 $ 6,743 $ 7,012 $ 7 ,293 $ S,96S $ 6,203 $ 6,4S2 $ 4,712 $ 4 ,900 $ S,096 $ 4 ,886 $ S,081 $ S,284 $ 3,921 $ 4,078 $ 4,241 $ S,127 $ S,332 $ S,S4S $ 4 ,119 $ 4,284 $ 4,4SS $ 4,613 $ 4,798 $ 4,990 $ S,880 $ 6 ,11S $ 6,3S9 $ 3,708 $ 3 ,8S6 $ 4,010 $ 4 ,078 $ 4,241 $ 4,411 $ 4,S81 $ 4,764 $ 4,9SS $ 4 ,090 $ 4 ,2S4 $ 4,424 $ 4,33S $ 4,S08 $ 4,688 $ 4 ,392 $ 4,S67 $ 4,7SO $ S,719 $ S,948 $ 6,186 $ 4,S14 $ 4,69S $ 4,883 $ S,472 $ S,691 $ S,919 $ 4,013 $ 4,174 $ 4,341 $ 4,49S $ 4,674 $ 4,861 I I I RESOLUTION NO. 95·3430 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ESTABLISlllNG GUIDELINES FOR THE FORMATION AND RECOGNITION OF EMPLOYER-EMPLOYEE RELATIONS ORGANIZATIONS ATTACHMENT B THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City of Temple City wishes to establish policy concerning the formation of employer-employee organizations and sets forth the following guidelines: Article I ·• General Provisions Section 1. Statement of Purpos e. This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned •Local Public Employee Organizations, • by providing orderly procedures for the administration of employer-employee relations between the City and any recognized employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of any applicable State law, City Charter, orrlinances, resolutions and rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employer-employee relations. This Resolution is intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of Wliform and orderly methods of communications between employees, employee organizations and the City. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with any recognized employee organizations regarding matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by Federal or State law or the City Charter. The scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. Nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work, lack of funds, reorganization or for other lawful reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; contract or subcontract for any service, take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Actions subject to management's exclusive rights s hall not be subject to any grievance procedure. Further, nothing herein shall be deeme d to abrogate existing City rules and regulations regarding disciplinary procedures. Resolution No. 95·3430 Page2 Section 2. Defmitions. As used in this Resolution, the following terms shall have the meanings indicated: a "Appropriate Unit" means a unit of employee classes or positions, established pursuant to Article II hereof. b. "City" means the City of Temple City, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defmed. c. "Confidential Employee" means, as determined by the Employee Relations Officer, an employee who, in the course of his or her duties, has access to confidential information relating to the City's administration of employer-employee relations or who assists and acts in a confidential capacity to person(s) who formulate, determine and effectuate management policies in the field of employee relations. d. "Consult/Consultation in Good Faith" means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions. e. "Day" means calendar day unless expressly stated otherwise. f. "Employee Relations Officer" means the City Manager or his or her duly authorized representative. g. "Impasse" means that the representatives of the City and any recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged tha~ further meeting and conferring would be futile . h. "Management Employee• means, as determined by the Employee Relations Officer, an employee having responsibility for formulating, administering or managing the implementation of City policies and programs. i. "Proof of Employee Support• means (1) an authorization card recently and personally signed and dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words •recently signed" shall mean within one hundred eighty (180) days prior to the filing of a petition. j . •Recognized Employee Organization• means an employee organization which has been I I formally acknowledged by the City as the sole employee organization representing the employees in an I appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. 'I I I Resolution No. 95-3430 Page 3 k. "Supervisory Employee• means, as determined by the Employee Relations Officer, any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, evaluate, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend any such action to the City Manager if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Article ll .. Representation Proceedings Section 3. Filing of Recognition Petition by Employee Organization. An employee organization that seeks to be formally acknowledged as the exclusively Recognized Employee Organization representing the employees in an appropriate writ shall file a petition with the Employee Relations Officer containing the following information and documentation; a. Name and address of the employee organization. b. Names and titles of its officers. c. Names of employee organization representatives who are authorized to speak on behalf of the organization. d. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City. e. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization. f. Signed copies of the employee organization's constitution and bylaws, and those of any organization with which it is affiliated or otherwise associated, which shall be verified as true and correct copies of the actual constitution and bylaws of said organization. g. A designation of those persons, not exceeding two (2) m number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. h . A statement that the employee organization has no restriction on membership based on race, color, creed, ethnicity, sex, marital status, national origin, age, sexual orientation, or physical or mental disability. i. The job classifications or position titles of employees in the writ claimed to be appropriate and the approximate number of member employees therein. j. A statement that the employee organization has in its possession proof of employee support as herein defmed to establish that a majority of the employees in the writ claimed to be appropriate have designated the employee organization to represent them in their employment Resolution No. 95·3430 Page 4 relations with the City. Such written proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party. If the employee organization has in its possession proof of employee support as herein defined to establish that not less than thirty percent (30%) of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City, and upon submission of such written proof, the City may authorize an election. k. A request that the Employee Relations Officer formally acknowledge the petitioner as the Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it to the best of such officer's knowledge and belief after reasonable inquiry. Section 4. City Response to Recognition Petition. Upon receipt of the Petition, the Employee Relations Officer !!hall determine whether: a. There has been compliance with the requirements of the Recognition Petition, and b . The proposed representation unit is an appropriate unit in accordance with Section 8 of this Article II. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, he or she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for twenty (20) days after notice is given. If either of the foregoing matters are not afllrmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefor in writing. The petitioning employee organization may appeal such determination in accordance with Section 10 of this Resolution. Section 5. Open Period for Filing Challenging Petition. Within twenty (20) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been rued, any other employee organization may rue a competing request to be formally acknowledged as the exclusively Recognized Employee Organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Section 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the I I Employee Relations Officer shall de termine the appropriate unit or units in accordance with the I standards in Section 8 of this Article II. The petitioning e mployee organizations shall have flft.een (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to s uch determination or to appeal such de termination pursuant to Section 10 of this Article II. I I I Resolution No. 95-3430 Page 5 Section 6. Election Procedure The Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in such elections shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three (8 ) or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two (2) choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election. There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit. Any election shall be conducted by the State Conciliation Service. Section 7. Procedure for Decertification of Recognized Employee Organization. A Decertification Petition alleging that the incumbent Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be flled with the Employee Relations Officer only during the month of March of any year following the fll'St full year of recognition or during the thirty (80) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be flied by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: a The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b . The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be decertified as the representative of that unit. c. An allegation that the incumbent Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other r e levant and material facts relating thereto. Resolution No. 95·3430 Page6 d. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the f1rst paragraph of this Section. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent that includes the allegations and information required under paragraph (c.) of the Section 7, and otherwise conforms to the requirements of Section 3 of this Article. The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provision of this Article II. If this determination is in the negative, he shall offer to consult thereon with the representative (s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefor in writing. The petitioning employees or employee organization may appeal such determination in accordance Section 10 of this Article II. If the determination of the Employee Relations Officer is in the afflrmative, or if his or her negative determination is reversed on appeal, he or she shall give written notice of such Decertification or Recognition Petition to the incumbent Recognized Employee Organization and to unit employees. The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 6 of this Article II. During the •open period• specified in the first paragraph of this Section 7, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section 7, which the Employee Relations Officer shall act on in accordance with this Section 7. If, pursuant to this Sec. 7, a different employee organization is formally acknowledged as the Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term, but, in no case, for any term which exceeds three (3) years. Section 8 . Policy and Standards for Determination of Appropriate Units. The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) I I providing employees with effective representation based on recognized community of interest I considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: I I I Resolution No. 95-3430 Page7 a. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. b . History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. c. Consistency with the organizational patterns of the City. d. Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units. e . Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classification among two or more units. Notwithstanding the foregoing provisions of this Section, managerial, supervisory and confidential responsibilities, as defmed in Sec. 2 of this Resolution, are determining factors in establishing appropriate units hereunder, and therefore such managerial, supervisory and confidential employees may only be included in units that do not include non-managerial, non-supervisory and non- confidential employees. Managerial, supervisory and confidential employees may not represent any employee organization which represents other employees. Except as specifically provided, this section does not otherwise limit the right of employees to be members of and to hold office in an employee organization. The Employee Relations Officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. Section 9. Procedure for Modification of Established Appropriate Units. Requests by employee organizations or individual employees for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Sec. 7 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Sec. 3 of this Article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec. 8 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article ll. The Employee Relations Officer may on his/her own motion propose during the period specified in Sec. 7 of this Article that an established unit be modified. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the propose d modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 8 of this Article II, and shall give written notice of such determination to the affected e mployee organizations. The Employee Relations Officer's determination may be appealed as provided in Sec. 10 of this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition P e titions seeking to become the Recognized Employee Organization for such new appropriate unit or units purs uant t o Sec. 3 hereof. Resolution No. 95·3430 Page 8 Section 10. Appeals. An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer under this Article II may, within ten (10) days of notice thereof, request the intervention of the California State Conciliation Service pursuant to Government Code Sections 3507.1 and 3507.3, or may, in lieu thereof or thereafter appeal such determination to the City Council for fmal decision within flfteen (15) days of notice of the Employee Relations Officer's determination or the termination of proceedings pursuant to Government Code Sections 3507.1 and 3507.3, whichever is later. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Sec. 3); Challenging Petition (Sec. 5); or Decertification of Recognition Petition (Sec. 7) ·· or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition (Sec. 7) ·· has not been filed in compliance with the applicable provisions of this Article may, within flfteen (15) days of notice of such determination, appeal the determination to the City Council for final decision. A unit designated by the Employee Relations Officer need not be the •most appropriate• or •more appropriate, • but need only be •appropriate. • If •appropriate,• then the Employee Relations Officer's designation should be upheld. If not •appropriate, • then on appeal an appropriate unit shall be determined. Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the City Council on the use of such procedure, and/or any decision of the City Council determining the substance of the dispute shall be flnal and binding. Article m ·· Administration Section 11. Submission of Current Wormation 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 within thirty (30) days of such change. Section 12. Payroll Deductions on Behalf of Employee Organizations. Upon formal acknowledgment by the City of a Recognized Employee Organization under this Resolution, only such Recognized Employee Organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by the Recognized Employee Organization on forms provided therefor by the City or other forms approved by and acceptable to the City. Payroll deductions is a topic which may be subject to future negotiations with a Recognized Employee I I Organization. The providing of such service to the Recognized Employee Organization by the City shall I be contingent upon and in accordance with the provisions of Memoranda of Understanding and/or applicable administrative procedures. I I I Resolution No. 95·3430 Page 9 Section 13 . Employee Organization Activities ·· Use of City Resources. Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in the Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Resolution that pertain directly to the employer-employee relationship and not such internal employee organization business as soliciting membership, campaigning for office, and organization meetings and elections, and shall not interfere with the efficiency, safety and security of City operations. Section 14. Administrative Rules and Procedures. The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Resolution after notice to and consultation with any Recognized Employee Organizations. Article IV ·• Impasse Procedures Section 15. Initiation of Impasse Procedures. If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be: a. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and b . If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Section 16. Impasse Procedures. Impasse procedures are as follows: a. H the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. b . If the parties fail to agree to submit the dispute to mediation or fail to agree on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen (15) days after the mediator commenced meeting with the parties, the parties may agree to submit the impasse to fact·fmding. c . If the parties agree on fact-finding, they may agree on the appointment of one or more fact-fmders. If they fail to so agree on one or more fact-fmders, a fact-finding panel of three (3) shall be appointed in the following manner: One member of the panel shall be appointed by the Employee Relations Officer, one member shall be appointed by the Recognized Employee Organization, and those two shall name a third, who shall be the chairperson. If they are unable to agree upon a Resolution No. 95·3430 Page 10 third, they shall select by agreement the third member from one or more lists of seven (7) names of individuals having fact·fmding experience in the municipal sector to be provided by the State Conciliation Service. The following constitute the jurisdictional and procedural requirements for fact·fmding: (1) The fact·fiDders shall consider and be guided by applicable Federal and State laws and Charter provisions. (2) Subject to the stipulations of the parties, the fact-finders shall determine and apply the following measures and criteria in arriving at their fmdings and recommendations: (a) First, as relevant to the issues in dispute, the fact·fmders shall compare the total compensation, hours and conditions of employment of the employees involved in the fact-finding proceeding with the total compensation, hours and conditions of employment of other employees performing similar services in public and private employment in the same and comparable communities. "Total compensation• shall mean all wage compensation, including but not limited to premium, incentive, minimum, standby, out-of-class and deferred pay; all paid leave time; all allowances, including but not limited to educational and uniform benefits; and employer pa~'Dlents for all health, welfare and pension benefits. (b) The fact·fiDders shall then adjust the results of the above comparisons based on the following factors: (i) The compensation necessary to recruit and retain qualified personneL (ii) positions within the City. Maintaining compensation relationships between job classifications and (iii) The pattern of change that has occurred in the total compensation of the employees in the wtit at impasse as compared to the pattern of change in the average •consumer price index• for goods and services, and the pattern of change in wages and compensation of other wage earners. (c) The fact·finder (s) shall then determine preliminary recommendations based on the comparisons as adjusted above which, however, shall be reduced as appropriate based on the financial resources of the City to implement them. In assessing the City's financial resources, the fact·fiDder (s ) shall be bound by the following: (i) Other legislatively determined and projected demands on agency resources, i.e., budgetary priorities as established by the governing bndy; and (ii) Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); and (iii) Reve nue projections not to exceed currently authorized tax and fee rates for the r e levant fiscal year (s); and (iv ) Assurance of sufficient and sound budgetary reserves; and I I I I I I Resolution No. 95·3430 Pagell (v) Constitutional, statutory and charter limitations on the level and use of revenues and expenditures. (3) The fact·finder(s) shall make written fmdings of fact and recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria, adjustments, and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written fmdings of fact and recommendations. The fact-finder or chairperson of.the fact· finding panel shall serve such findings and recommendations on the Employee Relations Officer and the designated representative of the Recognized Employee Organization. If these parties have not resolved the impasse within ten (10) days after service of the fmdings and recommendations upon them, the fact·fmder or the chairperson of the fact-finding panel shall make them public by submitting them to the City Clerk for consideration by the City Council in connection with the Council's legislative consideration of the impasse. d. If the parties did not agree on mediation or the selection of a mediator and did not agree on fact·fmding, or having so agreed, the impasse has not been resolved, the City Council may take such action regarding the impasse as it in its discretion deems appropriate as in the public interest. Any legislative action by the City Council on the impasse shall be final and binding. Section 17. Costs of Impasse Procedures. The costs for the services of a mediator and fact-finder or chairperson of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the City and Recognized Employee Organization. The cost for a fact·fmding panel member selected by each party, and other separately incurred costs, shall be borne by such party. Article V-Miscellaneous Provisions Section 18. Construction. This Resolution shall be administered and construed as follows: (a) Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law or City Charter provisions. (b) This Resolution shall be interpreted so as to carry out its purposes as set forth in Article I. (c) Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, c ooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive State or contrary local law . In the eveut employees engage in such actions, not protected by legally-preemptive State or contrary local law, they shall subject themselves to discipline up to and including termination, and may be permanently replaced; and employee organizations may thereby forfeit any rights accorded them under City law or contract. Resolution No. 95-3430 Page 12 Section 19 . Severability. If any provision of this Resolution, or the application of such provision to any persons or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Section 20 . Right to Organize or Refuse to J oin. Except as otherwise provided by the Legislature, City employees shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. City e:nployees also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. Section 21. Discrimination Prohibited. It shall be prohibited for any City agent to interfere with, intimidate, restrain, coerce or discriminate against City employees because of their exercise of their rights under Government Code Section 3502. Section 22 . Notice . Except in cases of emergency as provided in this section, the City shall give reasonable written notice to each recognized employee organization affected of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall give such recognized employee organizations the opportunity to meet with the City. In cases of emergency when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution, or regulation. Nothing in this Section shall be interpreted to provide any greater rights than provided by Chapter 10 , Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et. ~ SECTION 2 . The City Clerk shall certify to the passage and adoption of this resolution. APPROVED AND ADOPTED this 29th day of June, 1995. MAYOR PRO TEM A'ITEST: ~~f-~ i lerk I I I I I I Resolution No. 95-3430 Page 13 I hereby certify that the foregoing resolution, Resolution No. 95-3430 was duly adopted by the City Council of the City of Temple City at a special meeting held on the 29th day of June, 1995. AYES : NOES: ABSENT: Councilman-Budds, Gillanders, Souder, Wilson Councilman-None Councilman-Brea.zeal ~f.~, Qity e erk