Resolution 07476338
CITY OF ALAMEDA RESOLUTION NO. 7476 ✓
IMPLEMENTING MEYERS MILIAS —BROWN ACT BY ESTABLISHING PROCEDURES
FOR ADMINISTRATION OF EMPLOYER — EMPLOYEE RELATIONS BETWEEN CITY
AND ITS EMPLOYEE ORGANIZATIONS; AND FOR RESOLVING MATTERS
AFFECTING EMPLOYMENT
OUTLINE OF CONTENTS
Page
Section 1. TITLE 1
Section 2. STATEMENT OF PURPOSE 1
Section 3. DEFINITIONS 1
Section 4. EMPLOYEE RIGHTS 4
Section 5. CITY RIGHTS 5
Section 6. MEET AND CONFER IN GOOD FAITH -- SCOPE 5
Section 7. CONSULTATION IN GOOD FAITH -- SCOPE 6
Section 8. ADVANCE NOTICE 6
Section 9. PETITION FOR RECOGNITION 6
Section 10. APPROPRIATE UNIT 9
Section 11. RECOGNITION OF EMPLOYEE ORGANIZATION AS MAJORITY
REPRESENTATIVE — FORMAL RECOGNITION 10
Section 12. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER 11
Section 13. RESOLUTION OF IMPASSES 11
Section 14. GRIEVANCES 12
Section 15. MEMORANDUM OF UNDERSTANDING �3
Section 16. RULES AND REGULATIONS 13
Section 17. CONSTRUCTION �3
Section 18. SEPARABILITY 14
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 1. TITLE
This Resolution shall be known as the "Employer— Employee Relations Resolution of the
City of Alameda."
Section 2. STATEMENT OF PURPOSE
The purpose of this Resolution is to implement Chapter 10, Division 4, Title 1 of the
Government Code of the State of California (Sections 3500 and following) captioned "Public Employee
Organizations," by providing orderly procedures for the administration of employer— employee
relations between the City and organizations representing its employees, and for resolving
disputes regarding wages, hours, and other terms and conditions of employment.
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
Resolution.
(B) CITY — means the City of Alameda, a municipal corporation, 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 — means to communicate verbally or in 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) EMPLOYEE, CONFIDENTIAL — means an employee who acts in a confidential capacity
to persons who formulate, determine or effectuate policies or decisions of City management in the
field of employer — employee relations.
(F) EMPLOYEE, MANAGEMENT -- means:
(1) Any employee having significant responsibilities for formulating and
administering City policies and programs, including but not limited to the chief executive
officer, other officers of the City, department heads, their principal assistants; and
(2) Any employee having authority to exercise independent judgment to hire,
transfer, suspend, lay —off, promote, discharge, or discipline other employees, or to
adjust their grievances, or effectively to recommend such action.
(G) EMPLOYEE, PROFESSIONAL -- means employees engaged in work requiring specialized
knowledge and skills attained through completion of a recognized course of instruction, including,
but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and
various types of physical, chemical and biological scientists.
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CH) 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 employ-
ment relations with the City.
(I) EMPLOYER — EMPLOYEE RELATIONS -- means the relationship between the City and its
employees and their employee organization, or when used in a general sense, the relationship between
City management and employees or employee organizations.
(J) GRIEVANCE -- as this term is defined in Section 14 (A).
(K) IMPASSE -- Means (1) the failure of authorized representatives of the City and
a recognized employee organization to reach agreement with respect to any matter concerning which
they are required to meet and confer in good faith, or whether or not a subject comes within the
scope of representation; or (2) any unresolved complaint by an affected employee organization,
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) MAJORITY REPRESENTATIVE -- means an employee organization, or its duly authorized
representative, that has been granted formal recognition by the Municipal Employee Relations Officer
as representing the majority of employees in an appropriate unit.
(M) MEDIATION OR CONCILIATION -- means the efforts of an impartial third person, or
persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to
an impasse, through interpretation, suggestion and advice. Mediation and conciliation are inter-
changeable terms.
(N) MEET AND CONFER IN GOOD FAITH — (sometimes referred to herein as °"Aieet and confer"
or "meeting and conferring") means performance by duly authorized City representatives and duly autho-
rized representatives of an employee organization recognized as the majority representative of their
mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the
scope of representation, including wages, hours, and other terms and conditions of employment, in an
effort to: (1) reach agreement on those matters within the authority of such representatives and
(2) reach agreement on what will be recommended to the City Council on those matters within the
decision making authority of the City Council.
(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 autho-
rized representative.
(P) RESOLUTION -- means, unless the context indicates otherwise, the Employer — Employee
Relations Resolution of the City of Alameda.
(Q) PEACE OFFICER -- as this term is defined in Section 817, Penal Code of California.
(R) RECOGNIZED EMPLOYEE ORGANIZATIONS — means an employee organization which has been
acknowledged by the Municipal Employee Relations Officer as an employee organization that represents
employees 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 majority 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 representation;
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 choosing 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. Employees of the City also shall have the right to refuse to join or participate in
the activities of employee organizations and shall have the right to represent themselves individually
in their employment relations with the City. No employee shall be interfered with, intimidated,
restrained, coerced or discriminated against because of his exercise of these rights.
Section 5. CITY RIGHTS
(A) The rights of the City include, but are not limited to, the exclusive rights: to
determine the mission of its constituent departments, commissions and boards; to set standards of
service; to determine the procedures and standards of selection for employment; to direct its employees;
to maintain the efficiency of governmental operations; to determine the methods, means and personnel
by which government operations are to be conducted; to take all necessary actions to carry out its
mission in emergencies; and to exercise complete control and discretion and the technology of
performing its work.
(8) City rights also include the right to determine the procedures and standards of
selection for promotion, to relieve its employees from duty because of lack of work or other legitimate
reasons, to take disciplinary action, and to determine the content of job classifications; provided,
however, that the exercise by the City of the rights in this paragraph (B) does not preclude employees
or their recognized employee organizations from meeting and conferring in good faith or malting
grievances regarding the practical consequences that decisions on such matters may have on wages,
hours, or other terms and conditions of - :employment.
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Section 6. MEET AND CONFER IN GOOD FAITH -- SCOPE
(A) The City, through its representatives, shall meet and confer in good faith
with representatives of formally recognized employee organizations with majority 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 or by the City Charter, nor shall it be required to meet and
confer in good faith on Employee or City Rights as defined in Sections 4 and 5.
Section 7. CONSULTATION IN GOOD FAITH -- SCOPE
All matters affecting employer — employee relations, including those that are not subject
to meeting and conferring, are subject to consultation. The City, through its representatives,
shall consult in good faith with representatives of all recognized employee organizations on
employer — employee relations matters which affect them.
Section 8. ADVANCE NOTICE
Reasonable written notice shall be given 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 Council or by any board or commission of the
City, and each such organization shall be given the opportunity to meet with such body prior to
adoption.
Section 9. PETITION FOR RECOGNITION
There are two levels of employee organization recognition — formal and informal. The
recognition requirements of each are set forth below.
(A) FORMAL RECOGNITION — THE RIGHT TO MEET AND CONFER IN GOOD FAITH AS MAJORITY
REPRESENTATIVE: An employee organization that seeks formal recognition for purposes of meeting
and conferring in good faith as the majority representative of employees in an appropriate unit
shall file a petition 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 employee organization representatives who are authorized
to speak on behalf of its members.
(4) A statement that the employee organization has, as one of its primary
purposes, representing employees in their employment relations with the City.
(5) A statement whether the employee organization is a chapter or local of,
or affiliated directly or indirectly in any manner with, a regional or state, or national
or international organization, and, if so, the name and address of each such regional,
state or international organisation.
(6) Certified copies of the employee organization's constition 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 sufficient
notice on the employee organization for any purpose.
(8) A statement that the employee organization is aware of the provisions
of Section #3509 of the Government Code.
(9) 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 member employees therein.
(11) 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 establish
that employees in the unit claimed to be appropriate have designated the employee
organization to represent them in their employment relations with the City. Such written
proof shall be submitted for confirmation 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 majority representative of the employees in the unit claimed
to be appropriate for the purpose of meeting and conferring in good faith on all matters
within the scope of representation.
(B) INFORMAL RECOGNITION — THE RIGHT TO CONSULT IN GOOD FAITH: An employee organi-
zation that seeks recognition for purposes of consultation in good faith shall file a petition
with the Municipal Employee Relations Officer containing the following information and documentation:
(1) All of 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 establish
that employees have designated the employee organization to represent them in their
employment relations with the City. Such written proof shall be submitted for confirma-
tion 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.
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(0) The petition, including all accompanying documents, shall be verified by the
• EScecutive Officer and Secretary of the organization that the statements are true. All changes
in such information shall be filed within a reasonable period of time following their occurrence
in like manner.
(0) The Municipal Employee Relations Officer shall grant recognition, in writing,
to all employee organizations who have complied with Section 9 (A) or (0) and (C) for purposes of
consultation in good faith for its members. Employee organizations seeking formal recognition as
majority representative must, in addition, satisfy the requirements of Section 11 (A) (1) below.
No employee may be represented by more than one recognized employee organization for the purposes
of this Resolution.
Section 10. APPROPRIATE UNIT
(A) The Municipal Employee Relations Officer, after reviewing the petition filed
by an employee organization seeking formal recognition as majority representative, shall determine
whether the proposed unit is an appropriate unit. The principal criterion in making this deter-
mination is whether there is a cnauunity of interest among such employees. Units may be estab-
lished on any craft, functional, departmental or other basis so as to assure to employees the
fullest freedom in exercising the rights set forth herein. The following factors, among others,
shall be considered in making such determination, not necessarily in the order listed:
(1) The history of employee relations: (i) in the unit; (ii) among other
employees of the City; and (iii) in similar public employment.
(2) The effect of the unit on the efficient operation of the City and sound
employer — employee relations.
(3) The extent to which employees have common skills, working conditions,
job duties or similar educational requirements.
(4) The effect on the existing classification structure of dividing a single
classification among two or more units.
(5) The desires of the employees in the proposed unit, where the unit is
otherwise appropriate.
(B) In the establishment of appropriate units (1) professional employees shall not
be denied the right to be represented separately from non — professional employees; and (2) management
and confidential employees who are included in the same unit with non — management or non — confidential
employees may not represent such employees on matters within the scope of representation.
(C) Peace Officers may form, join, participate in, and be represented by employee
organizations of their own choosing for the purpose of representation on all matters of employer —
employee relations as provided by this Resolution, provided such employee organizations: (i) are
composed solely of such peace officers, and (ii) concern themselves solely and exclusively with
the wages, hours, working conditions, welfare programs, and advancement of the academic and
vocational training in furtherance of the police profession, and (iii) are not subordinate to any
other organization.
Section 11. RECOGNITION OF EMPLOYEE ORGANIZATIONS AS MAJORITY REPRESENTATIVE —
FORMAL RECOGNITION
(A) The Municipal Employee Relations Officer shall:
(1) Determine the majority 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 designed to ascertain the free choice of a majority
of such employees. The employee organization found to represent a majority of 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 representation for employees in such unit. This shall not preclude other
recognized employee organizations, or individual employees, from consulting with manage-
ment representatives on employer — employee relations matters of concern to them.
(2) Revoke the recognition rights of a majority representative which has been
found by secret ballot election no longer to be the majority representative.
(B) The recognition rights of the majority representative designated in accordance
with this Section shall not be subject to challenge for a period of twelve months following the date
of such recognition.
Section 12. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER
The City Manager is hereby designated as the Municipal Employee Relations Officer who
shall be the City's principal representative 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 conditions of employment.
The Municipal Employee Relations Officer so designated is authorized to delegate these
duties and responsibilities.
Section 13. RESOLUTION OF EMPASSES
Impasse procedures may be invoked only after the possibility of settlement by direct
discussion has been exhausted.
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
J 4 2
disputed issues. An impasse meeting shall then be scheduled by the Municipal Employee Relations
Officer forthwith after the date of filing of the written request for such meeting, with written
notice to all parties affected. The purpose of such impasse meeting is twofold: (1) to permit
a review of the position of all parties in a final effort to reach agreement on the disputed
issues, and (2) if agreement is not concluded, mutually to select the specific impasse procedure
to which the dispute shall be submitted; in the absence of agreement between the parties on this
point, the matter shall be referred to the City Council.
The Impasse procedures, not necessarily to be utilized in order, are as follows:
(A) MEDIATION (OR CONCILIATION) (Defined in Section 3 -M) — All mediation pro-
ceedings shall be private. The Mediator shall make no public recommendations nor take any public
position concerning the issues.
dispute.
(B) A DETERMINATION BY THE CITY COUNCIL — after a hearing on the merits of the
(0) Any other dispute resolving procedures to which the parties mutually agree
or failing such agreement, which the City Council may order.
Any fees and expenses of mediators, or of any other impasse procedure except one
involving the City Council, 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 governing personnel practices or working conditions, or of
the practical consequences of a decision on wages, hours and other terms and conditions of employ-
ment.
(B) Grievances shall be processed in accordance with procedures established after
consultation between representatives of the City and representatives of recognized employee
organizations, as they may thereafter be adopted by the City Council.
Section 15. MEMORANDUM OF UNDERSTANDING
When the meeting and conferring process is concluded between the City and a formally
recognized employee organization representing a majority of the employees in an appropriate unit,
all agreed upon matters shall be incorporated in a written memorandum of understanding signed by
the duly authorized City and majority representatives.
As to those matters within the authority of the City Council, the memorandum of under-
standing shall be submitted to the City Council for determination.
Section 16. RULES AND REGULATIONS
The City Council may adopt such Rules and Regulations necessary or convenient to implement
the provisions of this Resolution and Chapter 10, Division 4, Title 1 of the Government Code of the
State of California (Section 3500, and following). Such Rules and Regulations shall be adopted
after consultation in good faith between representatives of the City and representatives of recognized
employee organizations.
Section 17. CONSTRUCTION
(A) Nothing in this Resolution shall be construed to deny any person or employee
the rights granted by federal and state laws and City Charter or ordinance provisions.
(B) The rights, powers and authority of the City Council in all matters, including
the right to maintain any legal action, shall not be modified or restricted by this Resolution.
(C) The provisions of this Resolution are not intended, and shall not be construed,
to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the
State of California (Sections 3500, and following) as amended in 1968.
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 the application of
such provision to persons or circumstances other than those as to which it is held invalid, shall
not be affected thereby.
* * * * * * * * *
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the
20th day of May, 1969, by the following vote, to wit:
AYES: Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5)
NOES: None.
AESENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said
City this 21st day of May, 1969.
(SEAL) IRMA L. NELSON
City Clerk of the City of Alameda
* i. * * * * * * * *
I hereby certify that the foregoing is a full, true and correct copy of "City of Alameda
Resolution No. 7476, IMPLEMENTING MEYERS- MILIAS -BROWN ACT BY ESTABLISHING PROCEDURES FOR ADMINIS-
TRATION OF EMPLOYER EMPLOYEE RELATIONS BETWEEN CITY AND ITS EMPLOYEE ORGANIZATIONS; AND FOR
RESOLVING MATTERS AFFECTING EMPLOYMENT," introduced and adopted by the Council on the 20th day of
May, 1969.
City Clerk of the City of Alameda