2015/06/23 City Council Resolution 2015-119RESOLUTION NO. 2015 -119
APPROVING AND ADOPTING AN EMPLOYER - EMPLOYEE ORGANIZATION
RELATIONS RESOLUTION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROHNERT PARK
ARTICLE I GENERAL PROVISIONS
Sec. 1. Statement of Purpose.
This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State
of California (Sections 3500 et seq.) the Meyers - Milias -Brown Act ( "MMBA ") by providing orderly
procedures for the administration of employer - employee relations between the City and its employee
organizations.
It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith
with Recognized Employee Organizations regarding matters that directly affect and primarily involve the
wages, hours and other terms and conditions of employment of employees in appropriate units and that
are not preempted by Federal or State Law. However, nothing herein shall be construed to restrict any
legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy,
which include among others: 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; 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; 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.
See. 2. Definitions.
As used in this Resolution, the following terms shall have the meanings indicated:
a. "Appropriate Unit" means a unit of employee classes or positions, established
pursuant to Article II hereof.
b. "City" means the City of Rohnert Park, and, where appropriate herein, refers to the
City Council or any duly authorized City representative as herein defined.
c. "Confidential Employee" means an employee, who, in the course of his or her duties,
has access to information relating to the City's administration of employer - employee
relations.
d. "Consult /Consultation in Good Faith" means to communicate orally or in writing for
the purpose of presenting and obtaining views or advising of intended actions; and, as
distinguished from meeting and conferring in good faith regarding matters within the
required scope of such meet and confer process, does not involve an exchange of
proposals and counterproposals in an endeavor to reach agreement, nor is it subject to
Article IV hereof.
e. "Day" means calendar day unless expressly stated otherwise.
f. "Employee Relations Officer" means the City Manager or his duly authorized
representative.
g. "Impasse" means that the representatives of the City and a Recognized Employee
Organization have reached a point in their meeting and conferring in good faith
where their differences on matters to be included in a Memorandum of
Understanding, and concerning which they are required to meet and confer, remain
so substantial and prolonged that further meeting and conferring would be futile.
h. "Management Employee" means an employee having responsibility for formulating,
administering or managing the implementation of City policies or programs, who
also supervises one or more employee other than himself, and who has the authority
in the interest of the City to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, and discipline other employees, or responsibility to direct
them, or to adjust their grievances, or effectively to recommend such action, if, in
connection with the foregoing, the exercise of such authority is not of a merely
routine or clerical nature, but requires the use of independent judgment.
i. "Recognized Employee Organization" means an employee organization which has
been formally acknowledged by the City as the employee organization that represents
the employees in an appropriate representation unit pursuant to Article II hereof.
ARTICLE II — REPRESENTATION PROCEEDINGS
Sec. 3. Filing of Recognition Petition By Employee Organization.
An employee organization that seeks to be formally acknowledged as the Recognized
Employee Organization representing the employees in an appropriate unit shall file a petition
with the Employee Relations Officer containing the following information and documentation:
a. Name and address of the employee organization.
b. Names and titles of its officers.
c. Names of employee organization representatives who are authorized to speak on
behalf of the organization.
d. A statement that the employee organization has, as one of its primary purposes,
representing employees in their employment relations with the City.
e. A statement whether the employee organization is a chapter of, or affiliated directly
or indirectly in any manner, with a local, regional, state, national or international
organization, and, if so, the name and address of each such other organization.
f. Certified copies of the Employee organization's constitution and by -laws.
g. A designation of those persons, not exceeding two in number, and their addresses, to
whom notice sent by e -mail and /or regular United States mail will be deemed
sufficient notice on the employee organization for any purpose.
h. A statement that the employee organization has no restriction on membership based
on race, color, creed, sex or national origin.
The job classifications or titles of employees in the unit claimed to be appropriate and
the approximate number of member employees therein.
A petition signed by thirty percent of the employees in the unit claimed to be
appropriate thereby designating the employee organization to represent them in their
employment relations with the City. Such written proof shall be submitted for
confirmation to the Employee Relations Officer or to a mutually agreed upon
disinterested third party.
k. A request that the Employee Relations Officer formally acknowledge the petitioner
as the Recognized Employee Organization representing the employees in the unit
claimed to be appropriate for the purpose of meeting and conferring in good faith.
The Petition, including all accompanying documentation, shall be declared to be true, correct and
complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization
executing it.
Sec. A. City Response to Recognition Petition.
Upon receipt of the Petition, the Employee Relations Officer shall determine whether:
a. There has been compliance with the requirernents of the Recognition Petition, and
b. The proposed representation unit is an appropriate unit in accordance with Sec. 8 of
this Article I1. If an affirmative determination is made by the Employee Relations
Officer on the foregoing two matters, he shall so inform the petitioning employee
organization, shall give written notice of such request for recognition to the
employees in the unit and shall take no action on said request for thirty (30) days
thereafter. If either of the foregoing matters are not affirmatively determined, the
Employee Relations Officer shall offer to consult thereon with such petitioning
employee organization, and, if such determination thereafter remains unchanged,
shall inform the organization of the reasons therefor in writing. The petitioning
employee organization may appeal such determination in accordance with Sec. 10 of
this Resolution.
Sec. 5. Open Period for Filing Challenging Petition.
Within thirty (30) days of the date written notice was given to affected employees that a valid
recognition petition for an appropriate unit has been filed, another employee organization may file a
competing request to be formally acknowledged as the recognized employee organization of the
employees in the same or in an overlapping unit (one which corresponds with respect to some but not all
the classifications or positions set forth in the recognition petition being challenged), by filing a petition
evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent
and otherwise in the same form and manner as set forth in Sec. 3 of this Article I1. If such challenging
petition seeks establishment of an over- lapping unit, the Employee Relations Officer shall call for a
hearing on such over- lapping petitions for the purpose of ascertaining the more appropriate unit, at which
time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer
shall determine the appropriate unit or units in accordance with the standards in Sec. 8 of this Article II.
The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit
determination is communicated to them by the Employee Relations Officer to amend their petitions to
conform to such determination or to appeal such determination pursuant to Sec. 10 of this Article II.
Sec. 6. Election Procedure.
The employee Relations Officer shall arrange for a secret ballot election to be conducted by a
party agreed to by the Employee Relations Officer and the concerned employee organization(s), in
accordance with its rules and procedures subject to the provisions of this Resolution. All employee
organizations who have duly submitted petitions which have been determined to be in conformance with
this Article II 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 employed in regular
permanent positions within the designated appropriate unit who were employed during the pay period
3
immediately prior to the date which ended at least fifteen (15) days before the date the election
commences, including those who did not work during such period because of illness, vacation or other
authorized leaves of absence, and who are employed by the City in the same unit on the date of the
election. An employee organization shall be formally acknowledged as the Recognized Employee
Organization for the designated appropriate unit following an election or run -off election if it received a
numerical majority of all valid votes cast in the election. In an election involving three or more choices,
where none of the choices receives a majority of the valid votes cast, a run -off election shall be conducted
between the two choices receiving the largest number of valid votes cast; the rules governing an initial
election being applicable to a run -off election.
There shall be no more than one valid election under this Resolution pursuant to any petition in a
12 -month period affecting the same unit.
In the event that the parties are unable to agree on a third party to conduct an election, the election
shall be conducted by the American Arbitration Association.
Costs of conducting elections shall be borne in equal shares by each employee organization
appearing on the ballot.
In the event the petitioning organization has a majority of the employees in an appropriate unit
currently on dues deduction and no valid challenging petition has been filed, the City shall formally
acknowledge the employee organization as the recognized employee organization.
Sec. 7. Procedures for Decertification of Recognized Employee Organization.
A Decertification Petition alleging that the incumbent Recognized Employee Organization no
longer represents a majority of the employees in an established appropriate unit may be filed with the
Relations Officer i t r._ r r 1___.: __ mot_,. �.".._a f..11 year �t
Employee Relations Officer only during the month of .ranuary of any year°'following he fiat full year or
recognition or during the thirty (30) day period commencing one hundred eighty (180) days prior to the
termination date of a Memorandum of Understanding then having been in effect less than three (3) years,
whichever occurs later. A Decertification Petition may be filed by two or more employees or their
representative, or an employee organization, and shall contain the following information and
documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and
complete:
a. The name, address and telephone number of the petitioner and a designated
representative authorized to receive notices or requests for further information.
b. The name of the established appropriate unit and of the incumbent Recognized
Employee Organization sought to be decertified as the representative of that unit.
c. An allegation that the incumbent Recognized Employee Organization no longer
represents a majority of the employees in the appropriate unit, and any other relevant
and material facts relating thereto.
d. Proof of employee support that at least thirty (30) percent of the employees in the
established appropriate unit no longer desire to be represented by the incumbent
Recognized Employee Organization. Such proof shall be submitted for confirmation
to the Employee Relations Officer or to a mutually agreed upon disinterested third
party within the time limits specified in the first paragraph of this Section.
4
An employee organization may, in satisfaction of the Decertification Petition requirements here
under, file a Petition under this section in the form of a Recognition Petition that evidences proof of
employee support of at least thirty (30) percent and otherwise conforms to the requirements of Section 3
of this Article.
The Employee Relations Officer shall initially determine whether the Petition has been filed in
compliance with the applicable provisions of this Article II. If his determination is in the negative, he
shall offer to consult thereon with the representative(s) of such petitioning employees or employee
organization, and, if such determination thereafter remains unchanged, shall return such Petition to the
employees or employee organization with a statement of the reasons therefor in writing. The petitioning
employees or employee organization may appeal such determination in accordance with Sec. 10 of this
Article I1. If the determination of the Employee Relations Officer is in the affirmative, or if his negative
determination is reversed on appeal, he shall give written notice of such Decertification or Recognition
Petition to the incumbent Recognized Employee Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on
or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of
decertification, and, if a Recognition Petition was duly filed hereunder, the question of representation.
Such election shall be conducted in conformance with Sec. 6 of this Article 1I.
Sec. 8. Policy and Standards for Determination of Appropriate Units.
The policy objectives in determining the appropriateness of units shall be the effect of a proposed
unit on (1) the efficient operations of the City and its compatibility with the primary responsibility of the
City and its employees to effectively and economically serve the public, and (2) providing employees
with effective representation based on recognized community of interest considerations. These policy
objectives re.nuire. that the appropriate unit shall be the broadest feasible grouping of positions that share
an identifiable community of interest. Factors to be considered shall be:
a. Similarity of the general kinds of work performed, types of qualifications required,
and the general working conditions.
b. History of representation in the City and similar employment; except however, that
no unit shall be deemed to be an appropriate unit solely on the basis of the extent to
which employees in the proposed unit have organized.
c. Consistency with the organizational patterns of the City.
d. Number of employees and classifications, and the effect of the administration of
employer - employee relations created by the fragmentation of classifications and
proliferation of units.
e. Effect of the classification structure and impact on the stability of the employer -
employee relationship of dividing a single or related classification among two or
more units.
Notwithstanding the foregoing provisions of this Section, management and confidential
employees shall not be included in any unit.
The Employee Relations Officer shall, after notice to and consultation with affected employee
organizations, allocate new classifications or positions, delete eliminated classifications or positions, and
retain, reallocated or delete modified classifications or positions from units in accordance with the
provisions of this Section.
Sec. 9. Procedure for Modification of Established Appropriate Units.
Requests by employee organizations for modifications of established appropriate units may be
considered by the Employee Relations Officer only during the period specified in Sec. 7 of this Article II.
Such requests shall be submitted in the form of a Recognition Petition, and, in addition to the
requirements set forth in Sec. 3 of this Article, shall contain a complete statement of all relevant facts and
citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec. 8
hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under
this Article II.
The Employee Relations Officer may on his own motion propose during the period specified in
Sec. 7 of this Article, that an established unit be modified. The Employee Relations Officer shall give
written notice of the proposed modification(s) to any affected employee organization and shall hold a
meeting concerning the proposed rnodification(s), at which time all affected employee organizations shall
be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate
unit or units in accordance with Sec. 8 of this Article 11, and shall give written notice of such
determination to the affected employee organizations. The Employee Relations Officer's determination
may be appealed as provided in Section 10 of this Article. If a unit is modified pursuant to the motion of
the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition
Petitions seeking to become the Recognized Employee Organization for such new appropriate unit or
units pursuant to Sec. 3 hereof.
Sec. 10. Appeals.
An employee organization aggrieved by a unit determination of the Employee Relations Officer
may, within ten (10) days of notice of the determination, request the intervention of the California State
Conciliation Service pursuant to Government Code Sections 3507.1 and 3507.3, or may, instead appeal
the determination to the City Council within fifteen (15) days of notice of the Employee Relations
Officer's determination or the termination of proceedings pursuant to Government Code Sections 3507.1
or 3507.3, whichever is later. The City Council's decision shall be binding.
An employee organization aggrieved by a determination of the Employee Relations Officer that a
Recognition Petition (Sec. 3); Challenging Petition (Sec. 5) or Decertification or Recognition Petition
(Sec. 7) or employees aggrieved by a determination of the Employee Relations Officer that a
Decertification Petition (Sec. 7) -- has not been filed in compliance with the applicable provisions of this
Article, may, within fifteen (15) days of notice of such determination, appeal the determination to the City
Council for final decision.
Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof
served on the Employees Relations Officer. The City Council shall commence to consider the matter
within thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the dispute
to a third party hearing process. Any decision of the City Council on the use of such procedure, and /or
any decision of the City Council determining the substance of the dispute shall be final and binding.
ARTICLE III -- ADMINSTRATION
Sec. 11. Submission of Current Information by Recognized Employee ganizations.
All changes in the information filed with the City by a Recognized Employee Organization under
items a. through h. of its Recognition Petition under Sec. 3 of this Resolution shall be submitted in writing
to the Employee Relations Officer within fourteen (14) days of such change.
Sec. 12. Payroll Deductions on Behalf of Employee Organization.
Upon formal acknowledgment by the City of a Recognized Employee Organization under this
Resolution, only such Recognized Employee Organization may be provided payroll deductions of
membership dues and insurance premiums for plans sponsored by such organization upon the written
authorization of employees in the unit represented by Recognized Employee Organization on forms
provided therefor by the City. "The providing of such service to the Recognized Employee Organization
by the City shall be contingent upon and in accordance with the provisions of Memoranda of
Understanding and /or applicable administrative procedures.
Sec. 13. Employee Organization Activities -- Use of City Resources.
Access to City work locations and the use of City paid time, facilities, equipment and other
resources by employee organizations and those representing them shall be authorized only to the extent
provided for in Memoranda of Understanding and /or administrative procedures, shall be limited to
activities pertaining directly to the employer - employee relationship and not such internal employee
organization business as soliciting membership, campaigning for office, and organization meetings and
elections, and shall not interfere with the efficiency, safety and security of City operations.
Sec. 14. Administrative Rules and Procedures.
The City Manager is hereby authorized to establish such rules and procedures as appropriate to
implement and administer the provisions of this Resolution after consultation with affected employee
organizations.
ARTICLE IV — IMPASSE PROCEDURES
Sec. 15. Initiation of Impasse Procedures.
If the meet and confer process has reached impasse as defined in this Resolution, either party may
initiate the impasse procedures by filing with the other party a written request for an impasse meeting,
together with a statement of its position on all disputed issues. An impasse meeting shall then be
scheduled promptly by the Employee Relations Officer. The purpose of such impasse meeting shall be:
a. To identify and specify in writing the issue or issues that remain in dispute.
b. To review the position of the parties in a final effort to resolve such disputed issue or
issues; and
c. If the dispute is not resolved, to discuss arrangements for the utilization of the impasse
procedures provided herein.
Sec. 16. Impasse Procedures.
Impasse procedures are as follows:
a. Mediation - If the parties agree to submit the dispute to mediation the dispute shall be
submitted to mediation. The costs of mediation shall be borne equally. Mediation shall be
conducted by a mutually agreed upon mediator, or a mediator supplied by the California
7
State Mediation and Conciliation Service. All mediation proceedings shall be private.
The mediator shall make no public recommendation, nor- take any public position at any
time concerning the issues.
b. Fact-Finding —If after the impasse meeting described in Section 15 above, 1) the parties
failed to agree to submit the dispute to mediation or 2) failed to agree on the selection of
a mediator, or 3) failed to resolve the dispute through mediation the exclusively
recognized employee organization may request that the parties' dispute be submitted to a
fact - finding panel. Mediation is not required prior to requesting the dispute be submitted
to a fact - finding panel. The request shall be accompanied by a statement that the parties
have been unable to effect a settlement. Such request may be filed:
1. Not sooner than thirty (30) days, but no more than forty -five (45) days, following
the appointment or selection of a mediator under Article IV Section 16 a; or
2. If the dispute was not submitted to mediation, not later than thirty (30) days
following the date that either party provided the other with written notice of a
declaration of impasse.
Within five (5) days after receipt of the written request, each party shall select a person to
serve as its member of the fact - finding panel. Within five (5) days after the selection of
panel members by the parties, the Public Employment Relations Board ( "PERB ") shall
be asked to select a chairperson of the fact - finding panel. Within five (5) days after PERB
selects a chairperson, the parties may mutually agree upon a person to serve as
chairperson in lieu of the person selected by PERB.
Within ten (10) days of its appointment, the panel shall meet with the parties or their
representatives, either jointly or separately, and make inquiries and investigations, hold
hearings, and take any other steps it deems appropriate. All Fact - finding panel procedures
and any findings and recommendations by the Fact - finding panel shall comply with of
Govermrrent Code sections 3505.4 and 3505.5.
In arriving at their findings and recommendations, the fact - finders shall consider, weigh,
and be guided by all of the following criteria:
1. State and Federal laws that are applicable to the employer and employees.
2. Local rules, regulations, or ordinances.
3. Stipulations of the parties.
4. The interests and welfare of the public and the financial ability of the public
agency.
5. Comparison of the wages, hours, and conditions of employment of the employees
involved in the fact - finding proceeding with the wages, hours, and conditions of
employment of other employees performing similar services in comparable
public agencies.
6. The consumer price index for goods and services, commonly ]mown as the cost
of living.
7. The overall compensation presently received by the employees, including direct
wage compensation, vacations, holidays, and other excused time, insurance and
0
pensions, medical and hospitalization benefits, the continuity and stability of
employment, and all other benefits received.
Any other facts, not confined to those specified in paragraphs (1) to (7),
inclusive, which are normally or traditionally taken into consideration in making
the findings and recommendations.
(a) Additional facts that are normally or traditionally taken into
consideration in making findings and recommendations, that the
fact -finder shall also consider are:
(i) Equitable employment- benefit relationships between
job classifications and positions within the City.
(ii) The pattern of change that has occurred in the total
compensation of the employees in the unit at impasse as
compared to the pattern of change in the average
consumer price index for goods and services,
commonly known as the cost of living index.
(iii) The benefits of job stability and continuity of
employment.
(iv) The difficulty, or lack thereof, recruiting and retaining
qualified personnel.
If the dispute is not settled within thirty (30) days after the appointment of the Fact -
finding panel, or upon agreement of the parties within a longer period, the fact- finder(s)
shall make written findings of fact and recommended terms of settlement, which shall be
advisory only. Any member of a fact - finding panel shall be accorded the right to file
dissenting written findings of fact and recommendations. The fact -finder or chairman of
the fact - finding panel shall serve such findings and recommendations on the Employee
Relations Officer and the designated representative of the Recognized Employee
Organization. If these parties have not resolved the impasse within (10) days after
service of the findings and recommendations upon them, City shall make them public by
submitting them to the City Clerk for consideration by the City Council in connection
with the Council's legislative consideration of the issues at impasse.
If the parties agreed to submit the impasse directly to the City Council, or if after
applicable mediation and fact - finding procedures have been exhausted, but no earlier than
10 days after the fact - finders' written findings of fact and recommended terms of
settlement have been submitted to the parties pursuant to Government Code section
3505.5 the City Council may, after holding a public hearing regarding the impasse,
implement its last, best and final offer but shall not implement a memorandum of
agreement. Any legislative action by the City Council on the impasse shall be final and
binding.
Sec. 17. Cost of Impasse Procedure.
The costs for the services of a mediator and fact -finder or chairman of a fact - finding panel
utilized by the parties, and other mutually incurred costs of mediation and fact - finding, shall be borne
equally by the City and the Recognized Employee Organization. The cost for a fact - finding panel member
selected by each party, and other separately incurred costs shall be borne by such party.
ARTICLE V MISCELLANEOUS PREVISIONS
Sec. 18. Construction.
This Resolution shall be administered and construed as follows:
a. Nothing in this Resolution shall be construed to deny to any person, employee,
organization, the City, or any authorized officer, body or other representative of the City,
the rights, powers and authority granted by Federal or State law.
b. This Resolution shall be interpreted so as to carry out its purposes as set forth in Article I.
c. Nothing in this Resolution shall be construed as making the provisions of California
Labor Code Section 923 applicable to City employees or employee organizations, or of
giving employees or employee organization the right to participate in, support,
cooperate, or encourage, directly or indirectly, any strike, sickout or other total or partial
stoppage or slowdown of work. In the event employees engage in such actions, they shall
subject themselves to discipline up to and including termination and may be deemed to
have abandoned their employment; and employee organizations may thereby forfeit all
rights accorded them under this Resolution and other City law for a period up to one (1)
year from commencement of such activity.
Sec. 19. Severability.
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 circumstance other than those as to which it is held invalid, shall not be
affected thereby.
This Resolution supersedes and rescinds Employer - Employee Organization Relations Resolution
77 -07.
DULY AND REGULARLY adopted this 23" day of June, 2015
V7�77ERT P K
Arny O. Ahanotu, Mayor
ATTEST:
Anne M. Buergler, City Merk
CALLINAN: A�,e MACKENZIF.: A�� STAFFORD: BE] FORTE:/ AHANOTU: AYE
AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: (0 )
W