HomeMy WebLinkAboutORD NO 2154 ORDINANCE NO. 2154 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD REPEALING SECTIONS 3.14. 320 AND
3.14. 321 OF CHAPTER 3.14 AND ADDING CHAPTER
3.16 TO TITLE 3 OF THE MUNICIPAL CODE, PRO-
VIDING PROCEDURES FOR THE ADMINISTRATION OF
EMPLOYER-EMPLOYEE RELATIONS BETWEEN THE CITY
AND EMPLOYEE ORGANIZATIONS AND FOR RESOLVING
DISPUTES REGARDING WAGES, HOURS, AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That Sections 3.14.320 and 3.14.321 of Chapter 3.14 ofi
Title 3 of the Municipal Code of the City of Bakersfield are herSby
repealed.
SECTION 2.
That Chapter 3.16 is hereby added to Title 3 of the
Municipal Code of the City of Bakersfield as follows:
Chapter 3.16
EMPLOYER-EMPLOYEE RELATIONS
Sections:
3.16.010 Title of Ordinance.
3.16.020 Statement of Purpose.
3.16.030 Definitions.
3.16.040 Employee Rights.
3.16.050 City Rights.
3.16.060 Meet and Confer in Good Faith - Scope.
3.16.070 Consultation - Scope.
3.16.080 Advance Notice.
3.16.090 Petition for Recognition.
3.16.100 Appropriate Unit.
3.16.110 Recognition of Employee Organizations as Majority
Exclusive Representative - Formal Recognition.
3.16.120 City's Designated Representative. ~
3.16.130 Resolution of Impasses.
3.16.140 Grievance Procedure.
3.16.150 Memorandum of U~de~standing.~ ..........
3.16. 160 Rules and Regulations.
3.16.170 Construction.
3.16.180 Severability.
3.16.010. TITLE OF ORDINANCE.
This Chapter shall be known as the Employer-Employee
Relations Ordinance of the City of Bakersfield.
3.16.02 0. STATEMENT OF PURPOSE.
The purpose of this Ordinance is to implement Chapter !0,
Division 4, Ti'tle 1 of the Government Code of the State of Califgrnia
(Sections 3500 et seq.) captioned "Public Employee Organization~," by
providing equitable, orderly and uniform procedures for the admimis-
tration of employer-employee relations between the City and its
employee organizations and for resolving disputes regarding wages,
hours, and other terms and conditions of employment.
3.16.030. DEFINITIONS.
As used in this Ordinance, the following terms shall h~ve
the meaning indicated:
(A) APPROPRIATE UNIT - means a unit established pursuant
to Section 3.16.100 of this Chapter.
(B) CITY - means the City of Bakersfield, 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) CITY'S DESIGNATED REPRESENTATIVE - that person or
persons designated by the Council to consult, meet and confer, ap
provided for in this chapter.
(D) CONSULT OR CONSULTATION - means to communicate orally
or in writing for the purpose of presenting and obtaining views or
advising of intended actions.
(E) EMPLOYEE - means any person regularly employed by the
City in a probationary or permanent position.
(F) EMPLOYEE, CONFIDENTIAL - means an employee who is
privy to decisions of City management affecting employer-employee
relations.
(G) EMPLOYEE, EXECUTIVE - means any employee having
significant responsibilities for formulating or administering City
policies and programs, including, but not limited to, the City
Manager, department heads, and such of their principal subordinates
as are so designated by the City's designated authority based upon
the recommendation of the City Manager or department head concerned.
(H) EMPLOYEE, MANAGEMENT - means an Executive Employee
or a Supervisory Management Employee.
(I) 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 employment relations
with the City.
(J) 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, engineers, architects, and various types of
physical, chemical, and biological scientists.
(K) EMPLOYEE SUPERVISORY MANAGEMENT - means any employee
having authority to recommend the transfer, suspension, lay-off,
recall, promotion, discharge, assignment, adjustment of grievances,
or discipline of other employees, or having the responsibility to
direct them 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. In order to differentiate
leadmen, foremen, and supervisory management employees, the allocation
of classes to supervisory management categories for the purpose of
assignment to supervisory management shall be contingent on meeting
both of the following minimum criteria:
(a) Employees in the class should perform a
variety of the supervisory tasks listed above, but
these tasks must include:
(i) assigning work to subordinate employees,
(ii) reviewing the work of subordinate employees,
(iii) evaluating the performance of subordinates,
when required under any program of employee performance
evaluation, and
(iv) the authority to recommend the adjustment
of grievances.
(b) No class shall be allocated to a Supervisory
management category unless the job duties of a majority
of the positions therein:
(i) require the incumbent to spend a minimum
of fifteen per cent of his time engaged in performing the
supervisory duties listed in (a),
(ii) are such that the incumbent does not engage
in work similar to that of his subordinates more than
seventy-five per cent of his time.
(L) 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.
(M) GRIEVANCE - A grievance is any dispute concerning the
interpretation or application of this Ordinance or of Rules and
Regulations governing personnel practices or working conditions;
however, it does not concern the contents of the Ordinance, Rules,
or Regulations. Grievance procedures are set forth in Section 3.16.140.
(N) IMPASSE - means (1) a deadlock in the discussions
between a majority representative and the City over any matters
concerning 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 "City's designated authority"
made pursuant to Sections 3.16.090 or 3.16.110 of this Ordinance.
(0) MAJORITY EXCLUSIVE REPRESENTATIVE - means an employee
organization, or its duly authorized representative, that has been
granted formal recognition by the City as representing the majority
of employees in an appropriate unit.
(P) 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, determining the facts~and advice.
Mediation and~6onciliation are interchangeable terms.
(Q) MEET AND CONFER IN GOOD FAITH (sometimes referred to
herein as "meet and confer" or "meeting and conferring") - means
performance by duly authorized City representatives and duly authorized
representatives of any employee organization recognized as the majority
representative of their mutual obligation ~o~.meet a~__~easonable times
and to confer in good faith regarding matters within the scope of
representation, including wages, hours, and other terms and conditions
5.
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. Meet and confer in
good faith involves an exchange of ideas, but does not require either
party to agree to a proposal or to make a concession.
(R) MEMORANDUM OF UNDERSTANDING - means a non-binding
written summary of the understanding reached as a result of the meeting
and conferring process to be signed by the City's designated authority
and the representative of the employee organization.
(S) ORDINANCE - means, unless the context indicates
otherwise, the Employer-Employee Relations Ordinance of the City of
Bakersfield.
(T) PEACE OFFICER - as this term is defined in Section 830,
California Penal Code.
(U) RECOGNIZED EMPLOYEE ORGANIZATIONS - means an employee
organization which has been acknowledged by the City's designated
authority as an employee organization that represents employees of
the City. The rights accompanying recognition are:
(l) Formal Exclusive Recognition - which is the
right to meet and confer in good faith as the
majority representative in an appropriate unit.
(V) 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, except, however, that the scope of representation shall
not include consideration of the necessity for, or organizational
structure of any service or activity provided by law. City Rights
(Section 3.16.050) and Employee Rights (Section 3.16.040) are
excluded from the scope of representation.
3.16.040. EMPLOYEE RIGHTS.
Employees' rights shall be included in the Supplemental
Rules and Regulations to Implement Employer-Employee Relations
Ordinance of the City of Bakersfield. 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 includ-
ing, but not limited to wages, hours, and other terms and conditions
of employment. Employees of the City 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. No employee shall be
interfered witch, intimidated, restrained, coerced or discriminated
against by the City or by any employee organization because of his
exercise of these rights.
3.16.050. CITY RIGHTS.
(A) The exclusive rights of the City include, but are
not limited to, the right to determine the mission of its constituent
departments, divisions, commissions, and boards; set standards of
service and municipal fees and charges; determine the procedures
and standards of selection for employment, assignment, transfer, and
promotion; direct its employees; take disciplinary action; relieve
its employees ~from duty because of lack of work or for other legiti-
mate 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 classi-
fications; take all necessary actions to carry out its mission in
emergencies; exercise complete control and discretion over its
organization and the technology of performing its work; contract for
any service or activity.
7.
(B) All rights formerly or presently claimed by or
vested in the CitY on the effegti~ date of this article and not
mentioned in subsection (A) are retained by the City unless explicitly
waived by the City by resolution of the Council.
3.16.060. MEET AND CONFER IN GOOD FAITH - SCOPE.
(A) The City, through its rePresentatives, shall meet and
confer in good faith regarding wages, hours, and other terms and
conditions of employment with representatives of such recognized
employee organizations, as defined in subdivision (b) of Section 3501
of the California Government Code, and shall consider fully such
presentations as are made by the employee organization on behalf of
its members prior to arriving at a determination of policy or course
of action.
(B) "Meet and confer in good faith" means that a public
agency, or such representatives as it may designate, and represen-
tatives of recognized employee organizations, 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. The process should include adequate time for the
resolution of impasses.
(C) 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 Ciharter, nor shall it be required to meet and confer
in good faith on Employee or City Rights as defined in Sections
3.16.040 and 3.16.050, nor shall it be required to meet and confer
in good faith on proposed amendments to this Ordinance not affecting
employees rights.
3.16.070 CONSULTATION - SCOPE.
e
Ail matters affecting employer-employee relations, includ-
ing those that are not subject to meeting and conferring, are subject
to consultation. The City, through its representatives, shall consult
with an employee who requests the right to represent himself on
employer-employee relations matters. Advance notice on matters
subject to consultation, but outside the scope of representation,
is desirable but not mandatory.
3.16.080. ADVANCE NOTICE.
Reasonable written notice shall be given to each recognized
employee organization affected by any ordinance, rule, resolution or
regulation directly relating to matters within the scope or representa-
tion 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.
In cases of emergency when the City or any board or
commission of the City determines that an ordinance, rule, resolution
or regulation must be adopted immediately without prior notice or
meeting with a recognized employee organization, the City or the board
or commission of the City shall provide such notice and opportunity
to meet at the earliest practicable time following the adoption of
such ordinance, rule, resolution or regulation, if within the scope
of representation.
3.16.090. PETITION FOR RECOGNITION.
There is one level of employee organization recognition --
formal exclusive. The recognition requirements are as follows:
(A) FORMAL EXCLUSIVE RECOGNITION - THE RIGHT TO MEET AND
CONFER IN GOO]) FAITH AS MAJORITY REPRESENTATIVE: An employee organization
that seeks formal exclusive recognition in conformance with Government
Code 3507 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 City's designated authority con-
taining 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 regionalor
state, or national or international organization,
and, if so, the name and address of each such
regional, state or international organization.
(6) Certified copies of the employee organization's
constitution and by-laws, and those of any
organization with which it is affiliated.
(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
l¸0o
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 approxi-
mate 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 City's designated authority.
Valid dues deduction authorization cards of employee's
organization already recognized shall constitute writ-
ten proof and shall not be required to be dated
within six months. In the event that more than
one signed authorization is submitted to the
City from an employee, the signed authorization
with the most recent date shall prevail. The
signed authorization must be on a form supplied
by the City's designated authority.
(12) A request that the City's designated authority
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.
3.1.6.100. APPROPRIATE UNIT.
(A) The City's designated authority, after reviewing the
petition filed by an employee organization seeking formal exclusive
recognition as majority representative, shall determine whether the
proposed unit. is an appropriate unit. The principal criterion in
making this determination is whether the unit proposed contains the
largest feasible group with a cpmmunity of interest among such
employees. The following 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 Ordinance.
(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.
(4) The extent to which employees have common skills,
working conditions, job duties or similar educa-
tional 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.
~.!6.11Q~ .RgCOGNITION OF EMPLOYE~ ORGANIZATIONS AS
MAJORITY EXCLUSIVE REPRESENTATIVE - FORMAL RECOGNITION.
(A) The City's designated authority shall:
12.
(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 in an effort to reach agree-
ment 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.
(2) Revoke the recognition rights of a majority
representative, which has been found by secret
ballot election no longer to be the majority
representative subject to the limitations
set forth in Section (B) below.
(B) The recognition rights of the majority representative
designated in accordance with this Section shall not be subject to
challenge for a period of not less than twelve months following the
date of such recognition.
3.16.120. CITY'S DESIGNATED REPRESENTATIVE.
For the purposes of Section 3500 and following of the
Government Code of the State of California, the Governmental
Efficiency and Personnel Committee of the Council of the City of
Bakersfield is designated as the representative of the City of
Bakersfield which shall meet and confer or consult with representatives
of employee or labor organizations or individual employees upon
request and which shall consider, as fully as possible, such presen-
tations prior to the recommendations of establishing policy or course
of action authorized by the City Charter or Municipal Code.
3.16. 130. RESOLUTION OF IMPASSES.
Impasse procedures may be invoked only after the possibility
of settlement by direct discussion has been exhausted.
The impasse procedures are as follows:
(A) Mediation (or Conciliation) as agreed to by both
parties (Defined in Section 3.16.030 (0)) - All 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 may then be scheduled by the
City's designated authority 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 agree-
ment is not concluded, to mutually select the specific impasse
procedure to which the dispute may be submitted; in the absence
14.
of agreement between the parties on this point, the matter may be
referred to the City Council.
The fees and expenses, if any, of mediators or of any
other impasse procedure, shall be payable one-half by the City and
one-half by the employee organization or employee organizations.
3.16.140. GRIEVANCE PROCEDURE.
(A) Matters subject to Grievance Procedure. All employees
in the City service shall have the right to present a grievance.
Grievance procedures shall be applicable to disagreements in the
interpretation of terminology of ordinances, resolutions, and rules
adopted pursuant to discussions between a majority representative
and the City. Grievance procedures are included in the Supplemental
Rules and Regulations to Implement Employer-Employee Relations
Ordinance of tlhe City of Bakersfield.
3.16.150. 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 City's designated authority 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.
3.16.160. RULES AND REGULATIONS.
The City Council shall adopt such Rules and Regulations
necessary or convenient and may, from time to time, adopt additional
Rules and Regulations to implement the provisions of this Ordinance
and Chapter 10, Division 4, Title 1 of the Government Code of the
State of California (Sections 3500 et seq.).
15..
3.16.170. CONSTRUCTION.
(A) Nothing in this Ordinance shall be construed to deny
any person or employee the rights granted by Federal and State laws
and City Charter 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 Ordinance.
(C) The provisions of this Ordinance 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.).
3.16.180. SEVERABILITY.
If any provisions of this Ordinance, or the application
of such provisions to any person or circumstance, shall be held
invalid, the remainder of this Ordinance, or the application of
such provision to persons or circumstances other than those as to
which it is held invalid, shall not be affected thereby.
SECTION 3.
This ordinance shall become effective thirty days from
and after the date of its passage.
o0o-
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 'lOth day of December, 1973, by the
following vote:
AYES: COtJNCILM-r'N BLEECKER, HEISEY, MEDDERS, ROGERS, STRONG, THOMAS
· - ':U' ,~ ~:' I,.',.E: h ~
C~t'~ ~LEt~T. and E×' OffiCio Clerk of the
Council of the City of Bakersfield
APP~~ember, 1973
MAY~~he~Ci~y of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the Ci~f~ of Bakersfield
Affi av ! of J ostmg r man es
STATE OF CALIFORNIA, ~ ss.
County of Kern }
MARIAN S. IRVIN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on .................................... ..D..e...c..e...m...b...e..r......1..1.. ..................... 19....7..3.. she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ........................... ..D..e...c..e...m...b..e...r.....1...0. .......... 19..7..3...., which ordinance
was numbered ................. .2...1...5..4.. ............. New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD REPEALING SECTIONS 3.14.320 AND
3.14.321 OF CHAPTER 3.14 AND ADDING CHAPTER
3.16 TO TITLE 3 OF THE MUNICIPAL CODE, PRO-
VIDING PROCEDURES FOR THE ADMINISTRATION OF
EMPLOYER-EMPLOYEE RELATIONS BETWEEN THE CITY
AND EMPLOYEE ORGANIZATIONS AND FOR RESOLVING
DISPUTES REGARDING WAGES, HOURS, AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT.
City CDerk ~
Subscribed and sworn to before me this
....1..-1.~.-h..day of ............ ..D..e..9..e...m...b_e...r. ............... ,19.....7..3..
Notary Public in and for the County of Kern, State of California
li/~ COMMISSION EXi~IRE's NOVEMBER 26, 1976JJ'