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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Sections 3.14.320 and 3.14.321 of Chapter 3.14 ofi Title 3 of the Municipal Code of the City of Bakersfield are herSby repealed.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'