CC Resolution 1986-063 LQ City Employee Association MOU^!4 RESOLUTION NO.86-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING AND
ADOPTING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA
CITY EMPLOYEES ASSOCIATION LQCEA) COMMENCING ON
JULY 1, 1986, AND TERMINATING ON JUNE 30, 1987.
WHEREAS, the City of La Quinta hereinafter referred to as
City") and the La Quinta City Employees' Association herein-
after referred to as 1'Association'1) have met and conferred over
wages, hours, terms and Conditions of employment pursuant to
Government Code 3500, as amended; and
WHEREAS, the City and the Association have signed a Memorandum
of Understanding for the period commencing on July 1, 1986, and
terminating on June 30, 1987; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LA QUINTA, as follows:
SECTION 1. The City does hereby approve, ratify, and
authorize implementation of each economic and non-economic benefit
and right set forth in the Memorandum of Understanding between the
City and Association, attached hereto and dated July 15, 1986, and
incorporated hereby by this reference as Exhibit A", and said
economic and non-economic benefits and rights shall be implemented
to the extent the City may legally do so in accordance with the
time constraints of said Memorandum of Understanding.
SECTION 2. The Council hereby does further resolve that
hereafter any motion or resolution of this Council, having for its
object the appropriation, expenditure or use of public funds of
the City of La Quinta, may be reflected upon the Council minutes
by date, resolution number, title, amount and the vote thereon.
APPROVED and ADOPTED this 15th day of July, 1986.
ATTEST:
*TYTYCLE
APPR9VED AS TO FORM: APPROVED AS TO CONTENT:
/Th(*
*ITY ATTORNEY j)L CITY MANAGER
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^!4 MEMORANDUM OF UNDERSTANDING
BETWEEN
ThE: CITY OF LA QUINTA
AND
THE LA QUINTA CITY EMPLOYEES' ASSOCIATION
* on June 18, 1985, the City of La Quinta herein referred to as
CITY), by its City Council, adopted Resolution No. 85-56 recognizing the La
Quinta City Employees' Association herein referred to as ASSOCIATION), as
the recognized employee organization representing all City employees except
the City Manager, City Attorney, Deputy City Manager, Community Develo*nient
Director, Community Safety Director and Depar*nt Secretary-Adrninistration;
and
* the City and Association have met and conferred in good faith,
in pursuant to provisions of the Meyers-Milias-Brown Act, on all matters
relating to emplo**ent conditions and employer/employee relations, including
wages, hours, and other terms and conditions of employment; and
* pursuant to said r*et and Confer process, City and Association
have reached the following agreement relative to wages, hours and other terms
and conditions of employment and have hereby entered into this Memorandum of
Understanding.
SECTION 1. This M*randum of Understanding is made and executed pursuant
to Covernient Code Section 3500, as amended, and hereby
satisfies City's duty to meet and confer with the Association
during the period of this Agreement. The term of this
Agreement shall be for a period of one year, a*rrnencing
retroactively on July 1, 1986, and ending June 30, 1987.
SECTION 2. The following ranges shall be established for the following
job classifications:
Current New
Classification Range Range
Account Clerk 29 31
Animal Control Officer 35 38
Associate Planner 46 50
Chief Building Inspector 53 55
Clerk Typist I 26
Planaing Assistant 40 45
Principal Planner 53 55
Public *rks Maintenance *kr. I 22 26
Public *rks Maintenance *kr. II 30 31
Public **rks Supervisor 41 44
Secretary II 29 34
Following establishment of the above range adjustments and reclassi-
fications for Fiscal Year 1986-1987, a two 2) year cap on range
adjustitients and reclassifications shall be in*posed, with a formal
salary classification study to be Th*lemented for Fiscal Year 1987-
1988, to be completed and implemented in Fiscal Year 1988-1989.
City management shall retain the right to reclassify, promote or
adjust salaries of employees as directed by depart*r*tal and/or
City needs.
SECTION 3. HOLIDAYS
City agrees to establish one 1) additional City holiday per
year, and that holiday shall be Martin Luther King Day.
SECTION 4. *TION
City agrees to provide ten 10) days of vacation during the
first year of service, with one 1) additional vacation day
each year, to be accrued during each additional year of
employee service, with a maxamurt* vacation accrual cap of
twenty 20) vacation days per year.
SECTION 5. UNIFD*M ALL*CE
City agrees to initiate a uniform service to provide five
5) clean sets of uniforms per week to employees within the
Animal Control, Public *rks and Code Enforcement divisions.
Management retains the right to determine proper uniform
attire for employees within all said departments.
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^!4Memorandum of Understanding
July 15, 1986
Page 2.
SE*I* 6. STAND BY PAY
City agrees to provide stand by *ensation for designated
employees, as approved by the City Manager. Stand by *
ensation shall be at the rate of $15.00 per day, with time
and one-half compensation from time. of call-out until
a*letion of the necessary work. Stand by shall be
scheduled, in advance, by the appropriate department head
and shall be automatically forfeited by an employee if said
employee is unavailable when called for duty.
SECTION 7. BI-LINGUAL PAY
City agrees to provide additional coppensation, at the rate
of 20* per hour, for bi-lingual skills in the Spanish language
for those employees in positions so designated by the City
Manager and determined by departmental and/or City needs.
SECTION B. C*PE*SATO* TIME
City agrees to provide for accrual of ocopensatory time,
pursuant to Federal regulations and the Fair Labor Standards
Act, and in accordance with current City of La Quinta adopted
Personnel RLiles and Regulations, providing for a cap of 40 hours
compensatory time accrual.
City further requires that use of copeensatory time shall be
determined by management upon consultation with employee and
shall be based upon the overall departmental and/or City needs.
SECTION 9. SI* TIME PAY BACX
A. City agrees to provide sick leave pay back upon employee
termination, as follows:
2 to 5 years service 25%
6 to 10 years service 50%
11 years service and up 75%
B. A maxaam sick leave accrual of days shall be
established, to coincide with long-term disability
benefits once established. After the maximum accrual
of sick leave has been reached, at the end of each
fiscal year, employee shall be reimbursed for the
number of sick leave days that would have been accrued
and unused above the rnaxiiuurn during the fiscal year,
according to the formula used for sick leave pay back
upon employee termination, as above.
C. City agrees to provide long-term disability insurance
coverage which would take effect after an employee
absence from work due to illness or injury of days.
The number of days to be decided by City and Association
pending review of long-term disability policies).
SECTION 10. HEALTh CARE
City agrees to pay premiums for employee health care, including
a vision plan, at an amount not to exceed $244.78 per month
the current monthly premium for employees w/dependent coverage,
plus March, 1986, C.P.I.) E*ployees shall pay the balance of
the monthly health insurance premium over this cost.
City further agrees to obtain coverage and premium proposals
from three 3) separate health care providers, arid submit same
to the employees Associati*n for the purpose of selecting
one of the three health care packages for individual employees.
SECTION 11. ACPOSS THE BOARD COST*QE'-LIVING A*ILJSThENT
City agrees to provide an across the board cost*f-living
increase for Fiscal Year 1986-87 of five percent 5%) for
all employees.
SECTION 12. CONTRACT LANGUAGE
D*del contract language as defined in E*libit A", attached
hereto, is agreed upon as written.
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^!4*rarx*um of Understa**ding
July 15, 1986
Page Three.
This M**raixlijn of Understanding is hereby executed and/or ratified
this 15th day of July, 1986, by and between the following authorized repre-
sentatives of the City and The La Quinta City *1oyees Associa n.
OR
AITEST:
4**#C*RK
APPRO* As TO POI*: * %k*;04*
Pa:ela S. Nie to
CITY ATIOI** *D& *
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^!4 EXHIBIT A"
CONTRACT LANGUAGE PERTAINING TO EMPLOYER/EMPLOYEE RELATIONS
AND WAGE AND BENEFIT NEGOTIATIONS BETWEEN THE CITY OF LA QUINTA
AND THE LA QUINTA CITY EMPLOYEES ASSOCIATION
I. DURATION
A. This Agreement shall become effective as of July 1, 1986,
and shall remain in full force and effect until June 30, 1987, and
shall renew automatically from year to year thereafter unless either
party gives at least sixty 60) days notice in writing to the other
party prior to any annual expiration date of its desire to modify or
terminate this Agreement.
B. If the parties fail to negotiate a new agreement by the
annual expiration date of the Agreement, the Agreement shall remain
in effect unless the parties mutually agree in writing to termi-
nate the Agreement.
II. NO STRIKE-NO LOCKOUT
A. During the term of this memorandum of understanding, the
Association, its officers, agents and members agree that they shall
neither engage in, or encourage, nor will any of its members or
representatives take part in any strike, work stoppage, slowdown,
sick-in, or other concerted refusal to work.
B. If an employee participates in any manner in any strike,
work stoppage, slowdown, sick-in, or other concerted refusal to
work or participates in any manner in any picketing or impedi-
ment to work in support of any such strike, work stoppage,
slowdown, sick-in, or other concerted refusal to work or induces
other employees of the City of La Quinta to engage in such activi-
ties, such employee shall be subject to discharge by the City.
C. In the event the Association calls, engages in, encour-
ages, assists, or condones in any manner, any strike, work
stoppage, slowdown, sick-in, or other concerted refusal to work
by employees of the City of La Quinta or any picketing or work
impediment in support thereof, or any other form of interference
with or limitation of the peaceful performance of City services,
the Association agrees that the City, in addition to any other
lawful remedies or disciplinary actions available to it, may
suspend any and all of the rights and privileges accorded the
Association under any ordinance, resolution, rules or procedures
of the City, including but not limited to, the suspension of
recognition of the Association, and the use of the City's
facilities.
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^!4DRAFT
M.O.U. Contract/Language
June 9, 1986
Page 2.
D. The City shall not lock-out employees.
E. Any employee violating the obligations of this section may
be disciplined or discharged by the City without recourse to the
grievance procedure except as to the question of whether the
employee participated in the prohibited conduct.
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^!4 EMPLOYER-EMPLOYEE RELATIONS
ARTICLE I
GENERAL PROVISIONS
Section 1. Statement of Purpose. 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 its employee organizations.
However, nothing contained herein shall be deemed to supersede
the provisions of State law.
It is the purpose of this Resolution to provide pro-
cedures for meeting and conferring in good faith with Recog-
nized Employee Organizations regarding matters that directly
affect and primarily involve the 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 Muni-
cipal Code. In order to insure that the City is able to carry
out its functions and responsibilities imposed by law, the City
has and will retain the exclusive right to manage and direct
the performance of City services, which include but are not
limited to the following exclusive right:
To determine the nature and extent of services to be
performed, as well as the right to determine and implement its
public function and responsibility.
To manage all facilities and operations of the City,
including the methods, means and personnel by which the City'
operations are to be conducted.
To schedule working hours and assign work.
To establish, modify or change work schedules or
standards.
To direct the working forces, including the right to
hire, assign, promote, demote or transfer any employee.
To determine the location of all facilities.
To determine the layout and the machinery, equipment
or materials to be used.
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^!4 To determine processes, techniques, methods and means
of all operations, including changes or adjustments of any
machinery or equipment.
To determine the size and composition of the working
force.
To determine policy and procedures affecting the
selection or training of employees.
To establish, assess and implement employee perform-
ance standards, including, but not limited to, quality and
quantity standards; the assessment of employee performances;
and the procedures for said assessment.
To control and determine the use and location of City
property, material, machinery or equipment.
To schedule the operation of and to determine the
number and duration of shifts.
To determine safety, health and property protection
measures.
To transfer work from one job to another or from one
unit to another.
To introduce new, improved or different methods of
operations, or to change existing methods.
To lay off employees from duty for lack of work, lack
of funds or any other reason.
To reprimand, suspend, discharge or otherwise
discipline employees.
To establish, modify, determine, or eliminate job
classifications.
To promulgate, modify and enforce work and safety
rules and regulations.
To take such other and further action as may be neces-
sary to organize and operate the City in the most efficient and
economical manner and in the best interest of the public it
serves.
To contract or subcontract construction, services,
maintenance, distribution or any other work with outside public
or private entities.
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^!4 The City retains its right to amend, modify or rescind
any policies, practices or agreements which impact upon wages,
hours or working conditions of employees in cases of emergency.
Section 2. Definitions. As used in this ResQiution,
the following terms shall have the meanings indicated:
a. 1'Approprjate Unit" means a group of employee
classes or positions, established pursuant to Article II
Section 6.
b. City" means the City of La Quinta,
and where appropriate, refers to the City Council or any duly
authorized City representative as defined.
c. Confidential Employee" means an employee
who, in the course of his or her duties, has access to informa-
tion relating to the City's administration of employer-employee
relations.
d. Meet and Confer in Good Faith" means that
the representatives of the City and representatives of exclu-
sively recognized employee associations shall have the mutual
obligation personally to meet and confer promptly upon request
by either party and continue for a reasonable period of time in
order to exchange freely information, opinions, and proposals,
and to endeavor to reach agreement on matters within the scope
of representation prior to the adoption of the final budget.
The process should include adequate time for resolution of
impasses as provided in Article IV.
e. Day" means calendar day unless expressly
stated otherwise.
f. Employee Relations Officer" means the
City Manager or the authorized representative of the City
Manager.
g. Impasse" means that the representatives of
the City and an exclusively 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 pro-
longed that further meeting and conferring would be futile.
h. Management Employee" means an employee
having responsibility for formulating, administering or
managing the implementation of City policies and programs.
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^!4 i. Proof of Employee Support" means 1) an
authorization card recently signed and personally 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 peti-
tion is filed hereunder, except that dues deduction author-
izations 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 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. Exclusively Recognized Employee Organiza-
tion" means an employee organization which has been formally
acknowledged by the City as the sole employee organization
representing the employees in an appropriate representation
unit pursuant to Article II, and which assumes the obligation
of fairly representing all employees in the appropriate repre-
sentation unit without regard to membership or non-membership
* in any organization.
k. Supervisory Employee" means any employee
having authority, in the interest of the City, to hire, trans-
fer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline other employees, or responsibility to
direct them, or to adjust their grievances, or effectively to
recommend such action 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.
1. Scope of Representation" means all matters
relating to employment conditions and employer-employee rela-
tions, including, but not limited to, wages, hours, and other
terms and conditions of employment; except, however, 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.
m. Professional Employees" means employees
engaged in work requiring specialized knowledge and skills
attained through completion of a recognized course of instruc-
tion, including but not limited to, attorneys, physicians,
registered nurses, engineers, architects, teachers, and the
various types of physical, chemical, and biological scientists.
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^!4 Section 3. Employee Rights.
a. Employees of the City shall have the right to
form, join and participate in the activities of employee organ-
izations of their own choosing for the purpose of representa-
tion on matters within the scope of representation.
b. Employees of the City 9hall also 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.
C. No employee shall be interfered with, intimi-
dated, restrained, coerced or discriminated against by the City
or by any employee organization because of the exercise of
these rights.
d. Management and confidential employees may not
represent any employee organization which represents other
employees of the City on matters within the scope of represen-
tation.
C. Professional employees shall have the right
to be represented separately from non-professional employees by
a professional employee organization consisting of such profes-
sional employees.
ARTICLE II
REPRESENTATION PROCEEDINGS
Section 1. 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 unit
shall file a petition with the Employee Relations Officer
containing the following information and documentation:
a. Name and address of the employee organiza-
tion.
b. Names and titles of its officers.
c. Names of employee organization representa-
tives who are authorized to speak on behalf of the organiza-
tion.
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^!4 d. A statement that the employee organization
has, as one of its primary purposes, representing employees in
their employment relations with the City.
C. 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 inter-
national organization, and, if so, the name and address of each
such other organization.
f. Certified copies of the employee organi-
zation's constitution and by-laws.
g. 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 to
the employee organization for any purpose.
h. A statement that the employee organization
has no restriction on membership based on race, color, creed,
sex, national origin, age, marital status, physical handicap,
or medical condition.
i. The job classifications or titles of
employees in the unit claimed to be appropriate.
j. A statement that the employee organization
has in its possession proof of employee support to establish
that 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.
Such written proof shall be submitted for confirmation to the
Employee Relations Officer.
k. A request that the employee relations officer
formally acknowledge the petitioner as the exclusively recog-
nized 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 execut-
ing it.
Section 2. City Response to Recognition Petition.
Upon receipt of the petition, the Employee Relations Officer
shall determine whether:
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^!4
a. There has been compliance with the require-
ments of a recognition petition, and
b. The proposed representation unit is an appro-
priate unit in accordance with Section 6 of this Article II.
If an affirmative determination is made by the
Employee Relations Officer on the foregoing two matters, he or
she shall post a notice of election setting an election date
not less than thirty and not more than forty-five days after
such determination.
Section 3. Open Period for Filing Challenging
Petition. Within fifteen 15) days of the date the notice of
election was posted, any other employee organization may file a
competing request to be the exclusively recognized employee
organization of employees in the same unit by filing a petition
which conforms to Section 1 of this Article II.
Section 4. Election Procedure. The Employee Rela-
tions Officer shall arrange for a secret ballot election to be
conducted by the City Clerk in accordance with the City Clerk's
rules and procedures subject to the provisions of this Resolu-
tion. All employee organizations who have duly submitted peti-
tions 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 no representative.
Employees entitled to vote in such election 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 comences,
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 exclusively recognized employee organiza-
tion 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 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 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, except for run-off elections.
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^!4 Section 5. Procedure for Decertification of
Exclusively Recognized Employee Or*anization. A decertifi-
cation petition alleging that the incumbent exclusively recog-
nized employee organization no longer represents a majority of
the employees in an established appropriate unit may be filed
with the employee relations officer. A decertification peti-
tion may not be filed within one year after a valid election or
during the term of, or the negotiations leading to, a valid
memorandum of understanding except during an open period".
The open period shall be the 30-day period comencing one
hundred fifty 150) days and ending one hundred twenty 120)
days prior to the termination date of a memorandum of under-
standing. A decertification petition may be filed after a
valid memorandum of understanding expires. A valid memorandum
of understanding shall not serve as bar to the filing of a
decertification petition for more than a three-year period. A
decertification petition may be filed by an employee or an
employee organization, and shall conform to the requirements
for petition for recognition under Section 1 of this Article.
A decertification petition filed by an employee shall conform
to the requirements of Section 1 of this Article to the extent
possible.
The Employee Relations Officer shall initially deter-
mine whether the petition has been filed in compliance with the
applicable provisions of Section 1 of Article II. If such
determination is in the affirmative, he or she shall post a
notice of election to be held on or about fifteen 15) days
after such notice to determine the wishes of unit employees as
to representation. Such election shall be conducted in
conformance with Section 4 of this Article II.
If, pursuant to this Section 5, a different employee
organization is formally acknowledged as the exclusively recog-
nized employee organization, such organization shall be bound
by all the terms and conditions of any memorandum of under-
standing then in effect for its remaining term.
Section 6. Policy and Standards for Determination of
Appropriate Units. The policy objectives in determining the
appropriateness of a unit 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) providing employees with effective representation based
on recognized comunity of interest considerations. These
policy objectives require that the appropriate unit shall be
the broadest feasible grouping of positions that share an iden-
tifiable community of interest. Factors to be considered shall
be:
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^!4 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 prolifer-
ation of units.
e. Effect on the classifica*ion structure and
impact on the stability of the employer-employee relationship
of dividing a single or related classifications among two or
more units.
Notwithstanding the foregoing provisions of this
Section, managerial, supervisory and confidential responsi-
bilities, as defined in Section 2 of this Resolution, are
determining factors in establishing appropriate units, and 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, super-
visory and confidential employees may not represent any
employee organization which represents other employees.
The Employee Relations Officer may, after notice to
and consultation with affected employee organizations, allocate
new classifications or positions, delete eliminated classifi-
cations or positions, and retain, reallocate or delete modified
classifications or positions from units in order to conform
with the provisions of this Section.
Section 7. Procedure for Modification of Established
APPro?riate Units. Requests by exclusively recognized employee
organizations for modifications of established appropriate
units represented by the exclusively recognized employee organ-
izations may be considered by the Employee Relations Officer
only during the open period specified in Section 5 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 Section 1 of this Article, shall contain a complete
statement of all relevant facts and citations in support of the
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^!4 proposed modified unit in terms of the policies and standards
set forth in Section 6 hereof.
The Employee Relations Officer may on his/her own
motion at any time propose that an established unit be modi-
fied. The Employee Relations Officer shall give written notice
of the proposed modifications to any affected employee organ-
ization and shall hold a meeting concerning the proposed modi-
fications, 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 Section 6 of Article II, and shall
give written notice of such determination to the affected
employee organizations. The Employee Relations Officer's
determination may be appealed as provided in Section II of this
Article.
Section 8. Appeals from Rulings of the Employee
Relations Officer. An employee organization aggrieved by a
determination of the Employee Relations Officer that a Recog-
nition Petition Section 1), Challenging Petition Section 3),
or Decertification of Recognition Petition Section 5), Modi-
fication of Established Appropriate Units Section 10); or,
employees aggrieved by a determination of the Employee Rela-
tions Officer that a Decertification Petition Section 8) has
not been filed in compliance with the applicable provisions of
this Article may, within fifteen 15) days of notice of such
determination1 appeal the determination to the City Council.
Appeals to the City Council shall be filed in writing
with the City Clerk, and a copy must be served on the City
Council and the Employee Relations Officer. The City Council
shall begin 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 for a hearing
and advisory recommendation. The decision of the City
Council shall be final and no further appeal shall be
allowed.
ARTICLE III
ADMINI STRAT ION
Section 9. Submission of Current Information by
Recognized Employee Organizations. All changes in the infor-
mation filed with the City by an exclusively recognized
employee organization under items a.) through h.) of its
recognition petition under Section 1 of this Resolution shall
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^!4be submitted in writing to the employee relations officer
within fourteen 14) days of such change.
Section 10. Payroll Deductions on Behalf of Employee
Organizations. Upon formal acknowledgment by the City of an
exclusively recognized employee organization under this Resolu-
tion, only the exclusively recognized employee organization in
that bargaining unit may be provided payroll deductions of
membership dues. Deduction of membership dues, shall only be
made upon the individual written authorization of employees in
the unit represented by the exclusively recognized employee
organization. A dues deduction authorization may be revoked at
any time.
Section 11. Employee Organization Activities Use of
City Resources. Access to City work locations and the use of
City paid time by employee organizations and those representing
them must be approved in advance by the City Manager.
Employee organization activity shall be limited to lawful
activities. Employee organization activities shall not
interfere with the efficiency, safety and security of City
operations.
Section 12. Administrative Rules and Procedures. The
City Manager is authorized to establish rules and
procedures appropriate to implement and administer the pro-
visions of this Resolution after consultation with affected
employee organizations.
ARTICLE IV
IMPASSE PROCEDURES
Section 13. 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 under-
standing; and
b. If the impasse is not resolved, to discuss
arrangements for the utilization of the impasse procedures
provided herein.
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^!4 Section 14. Impasse Procedures. Impasse procedures
are as follows:
a. If the parties agree to submit the dispute to
mediation, and agree on the selection of a mediator, the dis-
pute shall be submitted to mediation. The mediation proceed-
ings shall be private. The mediator shall make no public
reconuriendation, nor take any public position at any time
concerning the issues.
If the parties did not agree on mediation or the
selection of a mediator, or having so agreed, the impasse has
not been resolved, all issues shall be submitted to the City
Council for their determination and such action as it in its
discretion deems to be appropriate in the public interest. The
action by the City Council shall be final and conclusive.
ARTICLE V
MISCELLANEOUS PROVISIONS
Section 15. Construction. This Resolution shall be
administered and const*s follows:
a. Nothing in this Resolution shall be construed
to deny to any person, employee, organization, the City, or any
officer or other representative of the City, the rights, powers
and authority granted by Federal or State law or the provisions
of the Municipal Code.
b. This Resolution shall be interpreted so as to
carry out its purposes as set forth in Article I.
Section 16. Severabilty. 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.
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