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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. 339 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. 340 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. 341 (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