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HomeMy WebLinkAbout73-55 3 4 ? 10 11 12 14 17 ~8 19 20 ~6 28 Section 1 RESOLUTION NO. -_~ A RESOLUTION OF THE COUNCIL OF THE CITY OF UKIAH GOVERNING EMPLOYER- EMPLOYEE RELATIONS Table of Contents Title 1 2 Statement of Purpose 1 3 Definitions 1 4 Employee Rights 4 5 City Rights 4 6 Meet and Confer In Good Faith - Scope 4 7 Consultation in Good Faith - Scope 5 8 Advance Notice 5 9 Petition for Recognition 5 10 Recognition of Majority Representation - Formal Recognition 9 11 Appropriate Unit 10 12 Decertification of Established Unit 11 13 Modification of Established Unit 12 14 Duration of Formal Recognition 13 15 Cost of Election Proceedings 13 16 Impasses in Representation Proceedings 13 17 Dues Check-Off. 14 18 Reasonable Time Off To Meet And Confer 15 19 Access To Work Locations 16 20 Use Of City Facilities 16 21 Use Of Bulletin Boards 17 22 Availability of Data 18 23 Peaceful Performance Of City Services 19 24 Designation Of Municipal Employee Relations Officer 20 25 Resolution Of Impasses 20 26 Grievances 21 27 Memorandum Of Understanding 21 28 Construction Page 21 29 Separability 21 1 2 3 4 § 7 8 10 11 12 14 17 18 20 21 2-2 24 25 26 27 28 29 30 32 SECTION 1. TITLE OF RESOLUTION This resolution shall be known as the Employer-Employee Relations Resolution of the City of Ukiah. SECTION 2. STATEMENT OF PURPOSE The purpose of this resolution is to implement Chapter 10 (1), Division 4, Title 1, of the Government Code of the State of California (Sections 3500, et seq.) captioned "Public Employee Organizations", by providing orderly pro- cedures 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) ~ppropriate Unit - means a unit established pursuant to Section 10 of this resolution. (B) City - means the City of Ukiah, 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 In Good Faith - means to communicate verbally or in writing for the purpose of presenting and obtaining views or advising of intended actions. (D) ~ - means any person regularly employed by the City except those persons elected by popular vote. (E) Employee~ Confidential - means an employee who is privy to decisions of City management affecting employer-employee relations. (F) Employee, Management _ means any employee having significant re- sponsibilities for formulating and administering City policies and programs. (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, (1) 1 § ? 8 10 11 15 1¢ 1§ 17 18 ~0 ~8 ~0 registered nurses, engineers, architects, teachers, and various types of physical, chemical and biological scientists. (H) E_mployee, Supervisory _ means any employee, having authority to exercise independent judgment and responsibility to direct other employees, to recommend transfer, suspension, lay off, promotion, discharge, or discipline. (I) E_mployee Organization - means any organization which includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with the City. (~) 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. (K) Delete (K) (1) Im~ - means (1) a deadlock in the annual (or periodic) dis- cussions between a majority representative and the City over any matters con- cerning which they are required to meet and confer in good faith, or over the scope of such subject matter; or (2) any unresolved complaint by an affected employee 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. (M) ~ajority 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. (N) 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 interchangeable terms. (O) Meet and Confer in Good Faith (sometimes referred to herein as (2) 1 ? 8 10 11 12 14 1§ 16 17 18 19 21 3O 31 32 "meet and confer" or "meeting and conferring") - means performance by duly authorized representatives of an employee organization recognized as the majority representative of their mutual obligation to meet at reasonable times and to confer in good 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° This does not require either party to agree to a proposal or to make a concession. (P) MunicipaI Employee Relations Officer - means the City's principal representative in all matters of employer-employee relations designated pursuant to Section 12, or his duly authorized representative. (Q) Resolution - means, unless the context indicates otherwise, the Employer-Employee Relations Resolution of the City of Ukiah. (R) Peace Officer - as this term is defined in Section 830', California Penal Code. (S) 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. (T) ~ - means calendar days unless otherwise stated. (U) ~cope of Representation - means all matters relating to employment conditions and employer-employee relations, including, but not limited to, (3) 4 § 6 ? 8 9 10 11 12 14 15 16 17 18 19 24 26 28 30 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 in- cluding, 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 The rights of the City include, but are not limited to, 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 and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 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 repre- sentation 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 pre-empted by Federal or State law, nor shall it be required to meet and Confer in good faith on Employee or City Rights as defined in Sections (4) ? 8 10 11 1§ 17 18 ~8 ~0 4 and 5. Proposed amendments to this resolution are excluded from the scope of meeting and conferring. 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 8o 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 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 Rights To Meet and Confer In Good Faith As Majority Representative: An employee organization that seeks formal recogni- tion 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 re- (5) 1 $ 4 5 6 ? 8 9 10 11 12 13 14 17 18 19 20 24 28 30 lations 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 inter- national organization. (6) Certified copies of the employee organization's constitution and by-laws. (7) A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. (8) A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to City employees. (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 p'roof that at least 30% of the employees in the unit claimed to be appropriate have designated the employee organi- zation to represent them in their employment relations with the City; provided, however, the employee organization may request that such written proof be submitted to a mutually agree d upon disinterested third party. Upon receipt of the Petition for Recognition, the Municipal Employee Relations Officer shall determine whether: (i) there has been compliance with the requirements of the (6) 1 2 3 4 § 6 ? 8 10 11 12 13 14 1§ 16 17 18 19 20 24 28 50 Petition for Recognition, and (ii) the proposed unit is an appropriate unit. (12) A request that the Municipal Employee Relations Officer recognize the employee organization as the majority repre- sentative 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. If an affirmative determination is made by the Municipal Employee Relations Officer on the foregoing two matters, he shall give notice of such request for formal recognition to the employees in the unit and shall take no action on said request for 30 days thereafter; if either of the foregoing matters are not affirmatively determined, the Municipal Employee Relations Officer shall inform the employee organization of the reasons therefor in writing. Within 30 days of the date notice to employees is given, any other employee organization (hereinafter referred to as the "challenging organization") may seek formal recognition in an overlapping unit by filing a Petition for Recognition, provided, however, such challenging organization must submit written proof that it represents at least 30% of the employees in such unit. The Municipal Employee Relations Officer shall hold a hearing on such over- lapping Petitions, at which time all affected employee organizations shall be heard. Thereafter, the Municipal Employee Relations Officer shall deter- mine the appropriate unit or units as between such proposed overlapping units in accordance with the criteria set forth in Section 10 of the Resolution. If the written proof submitted by the employee organization in the unit found to be appropriate establishes that it represents more than 50% of the employees in such unit, the Municipal Employee Relations Officer may, in his discretion, grant formal recognition to such employee organization without a secret ballot election. (7) 1 § ? 8 10 11 15 16 18 17 18 ~0 ~0 When an employee organization in the unit found to be appropriate submits written proof that it represents at least 30% of the employees in such unit, and it does not qualify for or has not been granted recognition pursuant to Sub-Section 3 above, the Municipal Employee Relations Officer shall arrange for a secret ballot election to be conducted by the City Clerk. All challenging organizations who have submitted written proof that they represent at least 10% of the employees in the unit found to be appropriate, and have submitted a Petition for Recognition as required by Section 9 of the Resolution, shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons regularly employed in permanent positions within the unit who were employed during the pay period immediately prior to the date which is 15 days before the election, including those who did not work during such period because of illness, vacation or 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 granted formal recognition following an election or run-off election if: (i) That employee organization has received the vote of a numerical majority of all the employees eligible to vote in the unit in which the election is held (i.e., 50% plus 1 of the votes of all eligible (ii) employees), or at least 60% of the total number of employees in the unit eligible to vote have voted in the election or run-off election, and an employee organization receives a numerical majority of all votes cast in the election (i.e., 50% of the votes cast plus 1). (For example: If 100 employees are eligible to vote in an election, but only 59 actually vote, an employee organization must obtain 51 votes for formal recognition. If 90.iemployees vote, an employee organization must receive at least 46 votes for formal recognition.) (8) 1 ? 8 10 11 1§ 17 18 ~0 ~6 $0 (iii) 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 shall also apply to a run-off election. There shall be no more than one valid election in a 12 month period within the same unit. SECTION 10. RECOGNITION OF MAJORITY REPRESENTATIVE - FORMAL RECOGNITION (A) 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 management representatives on employer- employee relations matters of concern to them. (B) INFORMAL RECOGNITION - THE RIGHT TO CONSULT IN GOOD FAITH: An employee organization 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 confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party. (9) 1 § ? 8 10 11 1¢ 16 17 18 RO ~8 $0 (3) A request that the Municipal Employee Relations Officer recognize the employee organization for the purpose of consultation in good faith. (C) The petition, including all accompanying documents, shall be verified, under oath, by the Executive Officer and Secretary of the organization that the statements are true. All changes in such information shall be filed forthwith in like manner. (D) The Municipal Employee Relations Officer may grant recognition, in writing, to all employee organizations who have complied with Section 9 (A) or (B) 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 ll(A)(1) below. No employee may be represented by more than one recognized employee organization for the pur- poses of this resolution. SECTION 11. 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 determination is whether there is a community of interest among such employees. The follow- ing factors, among others, are to be considered in making such determination: (1) Which unit will assure employees the fullest freedom in the exercise of rights set forth under this resolution. (2) The history of employee relations: (i) in the unit; (ii) among other employees of the City; and (iii) in similar public employment. (3) The effect of the unit on the efficient operation of the City and sound employer-employee relations. 1 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2-2 24 25 26 27 28 3O 31 (4) The extent to which employees have common skills, working con- ditions, job duties or similar educational requirements. (5) The effect on the existing classification structure of dividing a single classification among two or more units. Provided, however, no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized. (B) In the establishment of appropriate units (1) professional employees shall not be denied the right to be represented separately from non-professional employees; and (2) Supervisory, management or confidential employees shall not be included in the same unit with non-supervisory, non-management or non- confidential employees for purposes of meeting and conferring, nor may they represent such employees on matters within the scope of representation, however they may belong to such units for other purposes. (C) The recognition rights of the majority representative designated in accordance with this Section shall not be subject to challenge by any other employee organization for a period of twelve months following the date of such recognition. SECTION 12. DECERTIFICATION OF ESTABLISHED UNIT (A) A Petition for Decertification alleging that an employee organiza- tion granted formal recognition is no longer the majority representative of the employees in an appropriate unit may be filed with the Municipal Employee Relations Officer only during the months of October or November of each year following the first full year of formal recognition (e.g., for an employee organization granted formal recognition between December 1, 1968 and September 30, 1969 a Petition for Decertification could not be filed until October, 1970). The Petition for Decertification may be filed by an employee, a group of employees or their representative, or an employee organization. The Petition, including all accompanying documents, shall be verified, under oath, by the person signing it, that its contents are true. It may be accompanied by a Petition for Recognition by a challenging organization. The (ll) 1 $ 4 § ? 8 9 10 11 13 14 1§ 16 17 18 19 26 27 29 3O 31 32 Petition for Decertification shall contain the following information: (i) The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. (ii) The name of the formally recognized employee organization. (iii) An allegation that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts. (iv) Written proof that at least 30% of the employees in the unit do not desire to be represented by the formally recognized employee organization. Such written proof shall be dated within six months of the date upon which the petition is filed and shall be submitted for confirmation to the Municipal Employee Relations Officer or to a mutually agreed upon disinterested third party. (B) The Municipal Employee Relations Officer shall arrange for a secret ballot election conducted by the City Clerk to determine if the formally recog- nized employee organization shall retain its recognition rights. The formally recognized employee organization shall be decertified if a majority of those casting valid ballots vote for decertification. (C) There shall be no more than one valid decertification election in the same unit in any 12 month period. SECTION 13. MODIFICATION OF ESTABLISHED UNIT A Petition for Modification of an established unit may be filed by an employee organization with the Municipal Employee Relations Officer during the period forfiling a Petition for Decertification. The Petition for Modification shall contain all of the information set forth in Section 9(A) of the Resolution, along with a statement of all relevant facts in support of the proposed modified unit. The Petition shall be accompanied by written proof that at least 50% of the employees within the proposed modified unit have (12) 1 4 § 6 ? 8 10 11 13 14 1§ 16 17 18 20 24 26 27 28 30 designated the employee organization to represent them in their employment relations with the City; provided, however, the employee organization may re- quest that such written proof be submitted to a mutually agreed upon dis- interested third party. The Municipal Employee Relations Officer shall hold a hearing on the Petition for Modification, at which time all affected employee organizations shall be heard. Thereafter, the Municipal Employee Relations Officer shall determine the appropriate unit or units as between the exist- ing unit and the proposed modified unit. If the Municipal Employee Relations Officer determines that the proposed modified unit is the appropriate unit, then he shall follow the procedures set forth in Section nine (9) for determining formal recognition rights in such unit. SECTION 14. DURATION OF FORMAL RECOGNITION When an employee organization has been formally recognized, such re- cognition shall remain in effect for one year from the date thereof and thereafter until such time as the Municipal Employee Relations Officer shall determine, on the basis of a secret ballot election conducted in accordance with the foregoing rules, that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit or until such time as the unit may be modified as provided in Sub-Section (C). SECTION 15. COST OF ELECTION PROCEEDINGS The cost of any election proceeding shall be borne by the employee organization or organizations whose name(s) appear on the ballot. SECTION 16. IMPASSES IN REPRESENTATION PROCEEDINGS Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the Municipal Employee Relations Officer made pursuant to Section 10 of this resolution shall be processed in accordance with the procedures set forth in Section 25 of the Resolution. Provided, however, the written request for an impasse meeting, as described in Section 25 of the Resolution, must be filed with the Municipal Employee Relations Officer, or the City Clerk, with~7days after the (13) 8 10 11 1§ 17 18 ~? ~8 gO affected employee organization first receives notice of the decision upon which its complaint is based, or its complaint will be considered closed and not subject to the impasse procedures or to any other appeal. SECTION 17. DUES CHECK-OFF Only a formally recognized employee organization (i.e., the majority representatives of employees in an appropriate unit) may be granted permission by the Municipal Employee Relations Officer to have the regular dues of its members deducted from their paychecks, in accordance with procedures pre- scribed by the Municipal Employee Relations Officer. Provided, however, this shall not preclude the continuation of dues check-off heretofore granted to any employee organization. Dues deduction shall be for a specified amount and shall be made only upon the voluntary written authorization of the member. Dues deduction authorization may be cancelled and the dues check-off payroll discontinued at any time by the member upon voluntary written notice to the Municipal Employee Relations Officer. Dues deduction authorization or cancellation shall be made upon cards provided by the Municipal Employee Relations Officer. Dues deduction may be continued only upon voluntary written authorization of the member for a period of time not to exceed one year. Employee payroll deduction authorizations shall be in uniform amounts for dues deductions. The employee's earnings must b~ .~ sufficient after other legal and required deductions are made to cover the amount of the dues check-off authorized° When a member in good standing of the formally recognized employee organization is in a nonpay status for an entire pay period, no dues withholding will be made to cover that pay period from future earnings nor will the member deposit the amount with the City which would have been withheld if the member had been in a pay status during that period. In the case of an employee who is in a nonpay status during only a part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over (14) employee organization dues. Any employee organization recognized after the adoption of this resolution and for whom dues are deducted shall pay to the City, upon the written demand of the City, a service charge of five cents (5~) per name per month, but in no event not more than five percent (5%) of the dues. Dues withheld by the City shall be transmitted to the officer designated in writing by the employee organization as the person authorized to receive such funds, at the address specified. All employee organizations who receive dues check-off shall indemnify defend, and hold the City of [~kiah harmless against any claims made and against any suit instituted against the City of ikiah on account of check-off of employee organization dues. In addition, all such employee organizations shall refund to the City of Ukiah any amounts paid to it in error upon presentation of supporting evidence. Any employee organization recognized after the adoption of this resolution shall use the following dues authoriza- tion provision. DUES AUTHORIZATION PROVISION I hereby authorize and direct the Municipal Employee Relations Officer of the City of Ukiah to make a payroll deduction from my earnings, once each month, for my formally recognized employee organization dues in the amount of $ , the same to be paid to the (name of formally recognized employee organization). This authorization may be cancelled and the payroll deduction discontinued at any time upon written notice to the Municipal Employee Relations Officer. Authorization for this payroll deduction will expire (date). (Renewal for one year of authorization to deduct dues may be made during month preceding expiration of current authorization.) First deduction to be made on the payroll for the payroll period ending Jdate). Effective Date Signature of Employee SECTION 18. REASONABLE TIME OFF TO MEET AND CONFER The formally recognized employee organization may select not more than thr~e~mplcyee members of such organization to attend scheduled meetings with the Municipal Employee Relations Officer or other management officials on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the Municipal Employee Relations Officer may approve the attendance at such meetings of additional employee representatives with or without loss o~ compensation. The employee organization shall, whenever practicable, submit the names of all such (15) 1 3 4 § 6 ? 8 9 10 11 12 13 14 1§ 16 17 18 19 20 23 24 26 30 31 32 employee representatives to the Municipal Employee Relations Officer at least two working days in advance of such meetings. Provided, further: (1) that no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. (2) that any such meeting is subject to scheduling by City manage- ment in a manner consistent with operation needs and work schedules. Nothing provided herein, however, shall limit or restrict City manage- ment from scheduling such meetings before or after regular duty or work hours under appropriate circumstances. SECTION 19. ACCESS TO WORK LOCATIONS Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representa- tives, for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the Department Head or the Municipal Employee Relations Officer. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours. SECTION 20. USE OF CITY FACILITIES Employee organizations may, with the prior approval of the Municipal Employee Relations Officer, be granted the use of City facilities during non-work hours for meetings of City employees provided space is available, and provided further such meetings are not used for organizational activities or membership drives of City employees. All such requests shall be in (16) 4 § 6 ? 8 9 10 11 12 14 15 16 17 18 19 20 21 24 27 3O 31 32 writing and shall state the purpose or purposes of the meeting. A copy of the meeting agenda shall be furnished to the Municipal Employee Relations Officer as soon as it is available, but in no event less than 24 hours prior to such meeting. The City reserves the right to assess reasonable charges for the use of such facilities. The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards, is strictly prohitbited, the presence of such equipment in approved City facilities notwithstanding. SECTION 21. USE OF BULLETIN BOARDS Recognized employee organizations may use portions of City bulletin boards under the following conditions: (1) All materials must receive the approval of the Director of Personnel in charge of the departmental bulletin board. (2) All materials must be dated and must identify the organization that published them. (3) The actual posting of materials will be done by the City as soon as possible after they have been approved. Unless special arrange- ments are made, materials posted will be removed 31 days after the publication date. Materials which the department head considers objectionable will not be posted, provided, however, the depart- ment head shall first discuss this denial with the chief executive officer. (4) The City reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allocated to employee organizations materials. (5) An employee organization that does not abide by these rules will forfeit its right to have materials posted on City bulletin boards. (17) 1 8 10 11 14 1§ 17 18 ~0 ~? ~8 ~0 SECTION 22. AVAILABILITY OF DATA The City will make available to employee organizations such non-confidential information pertaining to employement relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Sections 6250 through 6260. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment of reasonable costs, where applicable° Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this rule shall be construed to require disclosure of records that are: (1) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (2) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record; (3) Records pertaining to pending litigations to which the City is a party, or to claims or appeals which have not been settled; (4) Nothing in this rule shall be construed as requiring the City to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the agency. (18) $ 4 15 6 ? 8 9 10 11 12 13 14 1§ 16 17 18 19 2O 24 26 $0 SECTION 23. PEACEFUL PERFORMANCE OF CITY SERVICES Participation by any employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action, up to and including discharge. No employee organization, its representatives, or members shall engage in, cause, instigate, encourage, or condone a strike or work stoppage of any kind. If a recognized employee organization, its representatives, or members engage in, cause, instigate, encourage, or condone a strike or a work stoppage of any kind, in addition to any other lawful remedies or disciplinary actions, the Municipal Employee Relations Officer may suspend or revoke the recognition granted to such employee organization, may suspend or cancel any or all payroll deductions payable to such organization, and prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty stations by such organization. As used in this Section "strike or work stoppage" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful per- formance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment. Any decision of the Municipal Employee Relations Officer made under the provisions of this Section may be appealed to the City Council by filing a written Notice of Appeal with the Municipal Employee Relations Officer or the City Clerk, accompanied by a complete statement setting forth all of the grounds upon which the appeal is based. Such Notice of Appeal must be filed within 7 days after the affected employee organization first receives notice of the decision upon which its complaint is based, or its complaint will be con- sidered closed and not subject to any other appeal. (19) 3 4 § 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 ~0 24 27 28 30 SECTION J4. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER The City Council hereby designates the City Manager 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 25~ RESOLUTION OF IMPASSES Impasse procedures may be invoked only after the p~ssibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: (A) Mediation (Or Conciliation.) (Defined in Section 3-N) - Ail mediation proceedings shall be private. The Mediator shall make no public recommendations nor take any public position concerning the issues. (B) A Determination By The City Council - after a hearing on the merits of the dispute. (C) Any other dispute resolving procedures to which the parties mutually agree or which the City Council may order. Any party may initiate the impasse procedure by filing with the other party (or parties) affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be 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, to mutually 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. (20) The fees and expenses, if any, of mediators or of any impasse procedure, shall be payable one-half by the City and one-half by the employee organization or employee organizations. SECTION 26. (Deleted). SECTION 27. 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 understanding shall be submitted to the City Council for determination. SECTION 28. CONSTRUCTION (A) Nothing in this resolution shall be construed to deny any person or employee the rights granted by Federal and State laws. (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 to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et. seq.) as amended in 1968. SECTION 29. 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. (21) 1 2 3 4 § 6 ? 8 9 10 11 12 14 15 16 17 18 19 20 24 26 ~7 28 30 31 APPROVED: I hereby certify that the foregoing is a full, true and correct copy of a resolution duly and regularly adopted by the City Council of the City of Ukiah, at a meeting thereof held on the ] ~h day of J~me 197__~_3~ree Councilmen being present and voting in favor thereof. ~ X!~a ge ~~ City Mayor (22)