CC - 1996-38 - Employer-Employee RelationsResolution No. 96-38
CITY OF ROSEMEAD
EMPLOYER-EMPLOYEE RELATIONS RESOLUTION
SECTION 1: TITLE OF RESOLUTION
This Resolution shall be known as the "Employer-Employee Relations
Resolution" of the City of Rosemead (hereinafter referred to as the "City").
SECTION 2: - PURPOSE OF RESOLUTION
STATEMENT OF POLICY. It is the policy of the City and its employees to
protect the exercise by its employees of their full freedom of association, self-
organization and designation of representatives of their own choosing by
providing a reasonable method of resolving disputes regarding wages, hours and
other terms and conditions of employment between the management of the City
and employee organizations.
STATEMENT OF PURPOSE. It is the purpose of this Resolution to provide a
uniform basis for recognizing the right of City employees to join or to not join
organizations of their own choice and to be represented or to not be represented by
such organizations in their employment relationships with the City pursuant to
Government Code Section 3507.
Nothing contained herein shall be deemed to supersede the provisions of
existing state law or the provisions of the Personnel Ordinance or of any personnel
policies of the City or adopted by the City in the future. Furthermore, this
Employer-Employee Relations Resolution (hereinafter referred to as "ERR") does
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not confer a property interest in employment on City employees.
SECTION 3: DEFINITIONS
A. EMPLOYEE. "Employee" means any full-time and regular part-
time employee of the City, except elected officials and temporary or seasonal
employees.
B. CITY. "City" means the City of Rosemead, and where appropriate
herein, "City" refers to the City Council of said City, or to any duly authorized
management representative.
CITY COUNCIL. "City Council" means the governing body of the
City of Rosemead.
C. EMPLOYEE ORGANIZATION. "Employee Organization" means
any lawful organization whose membership includes employees of the City and
which has as one of its primary purposes the representation of such employees in
their relations with the City, provided, however, that said organization has no
restriction on membership based on race, color, creed, sex, national origin or
disability.
D. RECOGNIZED EMPLOYEE ORGANIZATION. "Recognized
Employee Organization" means an employee organization that has been certified
pursuant to Section 7 of this Resolution as the exclusive representative of City
employees in an appropriate unit, provided, however, that the certification of an
employee organization as the exclusive representative of employees in a particular
unit shall not deprive employees in that unit of their right to represent themselves
individually in their employment relations with the City in accordance with law.
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E. MANAGEMENT EMPLOYEE. "Management Employee" means
any employee having responsibilities for formulating, administering or managing
the implementation of City policies or programs, including but not limited to,
employees to whom City has delegated or assigned duties require the exercise
independent judgment to hire, transfer, suspend, layoff, recall, promote, discharge,
assign, reward, discipline, direct, or adjust the grievances of other employees, or to
effectively recommend any of the aforementioned actions. The term Management
Employee includes, but shall not be limited to, the City Manager, managers, and
professional administrative staff employees employed to render advice and
assistance pertaining to the conduct of legal, fiscal, budgetary, personnel
management, and employer-employee relations affairs of the City. A
"management employee" shall not represent any employee organization which
represents other employees on matters within the scope of representation.
F. CONFIDENTIAL EMPLOYEE. "Confidential Employee" means
any employee who is assigned to perform work directly involved in the
development, preparation, or presentation of management positions with respect to
employer-employee relations or is privy to the decision-making process of the
City with respect to labor relations or personnel and employment transactions. A
"confidential employee" shall not represent any employee organization which
represents other employees on matters within the scope of representation.
G. DAYS. "Days" shall mean calendar days.
H. MEDIATION. "Mediation" means the effort by an impartial third
party to assist in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of management and the
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recognized employee organizations through interpretation, suggestion and advice.
1. PROFESSIONAL EMPLOYEE. "Professional employee" means a
classification of employees engaged in work (1) predominately intellectual and
varied in character as opposed to routine mental, manual, mechanical, or physical
work; (2) involving the constant exercise of discretion and judgment in its
performance; and (3) requiring specialized knowledge and skills attained through
completion of a recognized course of instruction customarily from an institution of
higher or specialized learning.
J. SUPERVISORY EMPLOYEE. "Supervisory employee" means any
employee, regardless of job description or title, having the authority in the interest
of the City to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline other employees, to direct them, or to evaluate or review
their grievances, or effectively to recommend such actions, if in connection with
any of the foregoing, the exercise of such responsibility is not of a merely routine
or clerical nature, but requires the use of independent judgment.
K. EMPLOYEE RELATIONS OFFICER. "Employee Relations
Officer" means the City's principal representative in all matters of employer-
employee relations designated by the City Manager, or his or her duly-authorized
representative.
L. MEET AND CONFER IN GOOD FAITH. "Meet and confer in good
faith" means the mutual obligation personally to meet and confer in order to
exchange freely information, opinions and proposals and to endeavor to reach
agreement on matters within the scope of representation. If agreement is reached
by management and a recognized employee organization on matters subject to
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approval by the City, they shall jointly prepare a written memorandum of such
understanding, and present it to the City Council for determination.
SECTION 4: PETITION FOR RECOGNITION
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:
1. Name and address of the employee organization.
2. Names and titles of its officers.
3. Names and titles of employee organization representatives who are
authorized to speak on behalf of the organization.
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 regional or 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, including all amendments thereto.
7. A designation of those persons, not exceeding two in number, and
their addresses, to whom notice sent by first class or certified United States mail
will be deemed sufficient notice to the employee organization.
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8. A statement that the employee organization is cognizant of the
provisions of Section 3509 of the Meyers-Milias Brown Act.
9. A statement that the employee organization has no restriction on
membership based on race, color, sex, national origin, age, or disability.
10. A description of the composition of the unit or units claimed to be
appropriate, including the job classifications of employees and the number of
member employees therein, as well as a statement of reasons why the unit or units
is or are appropriate in accordance with the criteria set forth in Section 9, below.
11. A statement that the employee organization has in its possession
written proof, dated by the signer within six months of the date upon which the
petition is filed, to establish that at least fifty (50%) percent of the employees in
the unit claimed to be appropriate have designated the employee organization to
represent them in their employment relations with the City. Such written proof
shall be made in such language and form as the Employee Relations Officer shall
prescribe and shall be submitted for confirmation to the Employee Relations
Officer or to a mutually-agreed upon disinterested third party.
12. A request that the Employee Relations Officer recognize the
petitioning employee organization as the Recognized Employee Organization
representing the employees in the unit(s) claimed to be appropriate for the purpose
of meeting and conferring in good faith on all matters within the scope of
representation.
13. The Petition, including all accompanying documents, 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. The Employee
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Relations Officer may require additional information as required by this
Resolution to be included in the Petition.
14. The Employee Relations Officer shall give prompt written notice of
the filing of a Petition to any recognized employee organization affected thereby.
SECTION 5: CITY'S RESPONSE TO RECOGNITION PETITION
Upon receipt for the Petition, the Employee Relations Officer shall within
thirty (30) days determine whether:
1. The Petition for Recognition is in compliance with the requirements
of Section 4 above; and
2. The proposed representation unit is an appropriate unit in accordance
with this Resolution.
If an affirmative determination is made by the Employee Relations Officer
on the foregoing two matters, he or she shall within fifteen (15) days after making
said determination (1) inform the petitioning employee organization of his or her
determination, (2) give written notice of such request for recognition to the
employees in the unit, and (3) 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 meet and discuss such matters with such
petitioning employee organization, and the petitioning organization shall ge given
the opportunity to cure any procedural defects in the petition and if such
determination thereafter remains unchanged, shall inform that organization of the
reasons therefore in writing. The petitioning employee organization may appeal
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such determination in accordance with Section 11 of this Resolution.
SECTION 6: OPEN PERIOD FOR FILING CHALLENGING
PETITION(sl
Within thirty (30) days of the date written notice was given to affected
employees that a valid Recognition Petition(s) for an appropriate unit has been
filed, any other 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(s) 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 Section 4 of this Resolution.
If such challenging petition(s) seeks establishment of an overlapping unit, the
Employee Relations Officer shall call for a hearing on such overlapping petitions
for the purpose of ascertaining the more appropriate unit. Both the petitioning
employee organization and the employee organization seeking an overlapping unit
shall be heard by the Employee Relations Officer who shall act as the hearing
officer for the purpose of the hearing and shall establish such procedures as he or
she deems fair and equitable to ascertain the appropriate unit. Thereafter, the
Employee Relations Officer shall determine the appropriate unit or units in
accordance with the standards in Section 9 of this Resolution. 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
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amend their petitions to conform to such determination or to appeal such
determination pursuant to. Section 11 of this Resolution.
SECTION 7: ELECTION PROCEDURE
The Employee Relations Officer shall arrange for a secret ballot election to
be conducted by the State Mediation/Conciliation Service. All employee
organizations which have duly submitted petitions which have been determined to
be in conformance with this 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 employed full time in
regular positions within the designated appropriate unit who were employed
during the pay period immediately prior to the date which ended at least fifteen
(15) days before the date the election commences, including those who did not
work during such period because of illness, vacation or other authorized leaves of
absence of not more than four (4) months, 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 employees in the appropriate unit regardless of the
number of employees who actually vote in the election. In an election involving
three or more choices, where none of the choices receives a majority of all of the
employees in the appropriate unit, a run-off election shall be conducted between
the two choices receiving the largest number of valid votes cast (that is, either
between two employee organizations, or one employee organization and no
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representation); the rules governing an initial election shall be applicable to a run-
off election, except that the run-off election shall be held within fifteen (15) days
following the certification of the results of the initial 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. Costs of
conducting elections shall be borne in equal shares by the City and by each
employee organization appearing on the ballot.
SECTION 8: PROCEDURE 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 Employee Relations Officer at
any time following the first full year of recognition. A Decertification Petition
may be filed by employees or their representative, or an employee organization.
The Decertification Petition shall contain the following information and
documentation declared by the duly-authorized signatory under penalty of perjury
to be true, correct and complete:
1. The name, address, and telephone number of the petitioner and a
designated representative authorized to receive notices or requests for further
information.
2. The name of the established appropriate unit and of the incumbent
Recognized Employee Organization sought to be decertified as the representative
of that unit.
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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.
4. 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.
The Employee Relations Officer can only accept those petitions which (1)
request decertification of the current formally Recognized Employee
Organization, and (2) do not request to carve out another unit from the already
established appropriate unit.
An employee organization may file a Petition under this Section in the form
of a Recognition Petition that conforms to the requirements of Section 4 of this
Resolution in satisfaction of the Decertification Petition requirements hereunder.
The Employee Relations Officer shall initially determine whether the
Decertification Petition or Recognition Petition, if any, have been filed in
compliance with the applicable provisions of this Resolution. If the determination
is in the negative, the Employee Relations Officer shall offer to consult with the
representative(s) of such petitioning employees or employee organization, and if
such determination thereafter remains unchanged, shall return such Petition(s) to
the employees or employee organization with a statement of the reasons therefore
in writing. The petitioning employees or employee organization may appeal such
determination in accordance with Section I I of this Resolution.
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If the determination of the Employee Relations Officer is in the affirmative,
or if the negative determination is reversed on appeal, the Employee Relations
Officer shall give written notice of such Petition for Decertification of
Recognition 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 forty-five (45) days after such notice to determine
the wishes of unit employees as to the question of decertification, and, if an
accompanying Recognition Petition was duly filed, and in the event decertification
of the incumbent Recognized Employee Organization is voted, the question of
representation. Such election shall be conducted in conformance with Section 7 of
this Resolution.
The cost of any election proceeding under the provisions of this Section
shall be borne entirely by the employee organization(s) challenging the incumbent
Recognized Employee Organization.
Any employee organization (new employee organization) which displaces
another employee organization as a formally-recognized employee organization
following an election conducted pursuant to this Section shall assume any existing
Memorandum of Understanding then in effect as a condition of recognition and
said Memorandum of Understanding shall remain in full force and effect for the
remainder of the fiscal year. For any new employee organization to obtain dues
deductions from bargaining unit employees authorized under any existing
Memorandum of Understanding, the new employee organization shall first obtain
current signed dues authorizations in a form approved by the City authorizing
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SECTION 9: POLICY AND STANDARDS FOR DETERMINATION
OF APPROPRIATE UNITS
The policy for determining the appropriateness of units shall be the effect of
a proposed unit on (1) the efficient operation 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. The
policy, requires that the appropriate unit shall be the broadest feasible grouping of
positions that share an identifiable community of interest for purposes of
representation in order to avoid the proliferation and fragmentation of units, the
minimum number of units shall be established. Factors to be applied in
determining appropriate units shall be:
1. Similarity of the general kinds of work performed, types of
qualifications required, and the general working conditions of persons performing
the work.
2. The bargaining community of interest of the employees in the
proposed bargaining unit.
3. 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.
4. The effect of the proposed unit on efficient operations of the City and
the compatibility of the unit with the responsibility of the City and its employees
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to serve the public.
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5. The adverse effect on the administration of employer-employee
relations created by the fragmentation of classifications and proliferation of units.
6. The right of professional employees to be represented separate from
nonprofessional employees. Management, supervisory, or confidential employees
shall not be included in units that include non-managerial or non-confidential
employees.
7. Employees in a single classification shall be included in the same
unit.
The following units shall be presumed to be appropriate units for
representation of City employees in the absence of clear and convincing evidence
to the contrary because employees in these bargaining units are hereby declared to
have a sufficient community of interest to meet the criteria set forth above for
determining appropriate bargaining unit(s):
a. A unit consisting of all full-time and regular part-time
employees of the City;
b. A unit consisting of all Professional employees of the City, as
defined in Section 3 I.
C. A unit consisting of all supervisory employees of the City as
defined in Section 3 J.
Notwithstanding the foregoing, management employees shall only be
included in a unit consisting solely of management employees and confidential
employees shall be included in a unit consisting solely of confidential employees.
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SECTION 10:. PROCEDURE FOR MODIFICATION OF
ESTABLISHED APPROPRIATE UNITS
1. Requests by employee organizations for modification of established
units may be considered by the Employee Relations Officer only during 30 days
beginning nine months before the expiration of the unit's current Memorandum of
Understanding or after the Memorandum of Understanding has expired or when
such action is deemed by the Employee Relations Officer to be consistent with the
purposes of this Resolution. Modification requests shall be submitted in the form
of a recognition petition and, in addition to the requirements set forth in Section 4
of this Resolution, 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 contained in Section 9 of this Resolution.
2. The Employee Relations Officer may on his or her own motion
propose that an established unit be modified at any time during which an
employee organization is permitted to make such a request.
3. The Employee Relations Officer shall give written notice of the
proposed modifications to an affected employee organization and, if requested,
shall hold a meeting concerning the proposed modifications, at which time all
affected employee organizations shall be heard. The Employee Relations Officer'
shall determine the composition of the appropriate unit or units in accordance with
Section 9 of this Resolution 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 I 1 of this Resolution.
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SECTION 11: APPEALS
An employee organization aggrieved by an appropriate unit determination
of the Employee Relations Officer under this Resolution may, within ten (10) days
of notice thereof, appeal such determination to the City Manager for final
decision.
An employee organization aggrieved by a determination of the Employee
Relations Officer that a Recognition Petition (Section 4), Challenging Petition
(Section 6), Decertification Petition (Section 8), or employees aggrieved by a
determination of the Employee Relations Officer that a Decertification Petition
(Section 8) has not been filed in compliance with the applicable provisions of this
Resolution may, within fifteen (15) days of notice of such determination, appeal
the determination to the City Manager for final decision.
Appeals to the City Manager shall be filed in writing with the City Manager
and a copy thereof served on the Employee Relations Officer. The City Manager
or his or her designee shall commence to consider the matter within thirty (30)
days of the filing of the appeal and shall render a final and binding decision
regarding the resolution of the disputed issue(s) raised by the appeal after each
party involved has been given an opportunity to present written and oral
arguments in support of their respective positions, or if the City Manager so
desires, after any further investigation or review of the matter as he or she may
deem appropriate.
SECTION 12: RIGHTS AND OBLIGATIONS OF EMPLOYEE
ORGANIZATIONS
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A. MEET AND CONFER IN GOOD FAITH. Upon request, a recognized
employee organization shall have the right to meet and confer in good faith to
negotiate wages, hours and other terms and conditions of employment with the
appropriate level of management. A reasonable number of representatives of
recognized employee organizations may participate in such meetings without loss
of compensation or other benefits. A reasonable number is one employee
representative for every fifty employees in the bargaining unit, provided that there
shall be a minimum number of two employee representatives for each appropriate
bargaining unit. The City and the employee organization may mutually agree to
release additional employees for bargaining sessions where such release of
additional employees would not unduly interfere with the performance of city
service by city employees.
B. DUES DEDUCTIONS. Only a recognized employee organization
may have the regular dues of its members within a representation unit deducted
from employee pay checks under procedures which have been mutually agreed
upon by the City and any recognized employee organization. Procedures, if any,
for the deduction of dues for any recognized employee organization shall be
subject to the meet and confer process and, if agreed upon by the City and
recognized employee organization, shall be provided for in a Memorandum of
Understanding.
C. COMMUNICATION WITH EMPLOYEES. A recognized employee
organization which represents employees of the City shall be allowed to use space
on a single bulletin board per geographic location of the City for communications,
provided that such communication does not interfere with the needs of the City.
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Any representative of an employee organization shall give notice to the division
head or his designated representatives prior to contacting employees at City
facilities during the duty period of the employees, provided that solicitation for
membership, other internal employee organization business, or preparation for
negotiations or grievances shall only be conducted during the non-duty hours of
all employees concerned. Communication by non-employee representatives shall
be confined to public areas of the City office only, absent express authorization by
the City Manager or his or her designee. This subpart is subject to the meet and
confer process.
D. ADVANCE NOTICE TO RECOGNIZED EMPLOYEE
ORGANIZATIONS. Each recognized employee organization affected shall be
given reasonable advance written notice of at least fifteen (15) days of any
resolution, rule or regulation, or proposal directly relating to matters within the
scope of representation proposed to be adopted by the City and shall be given the
opportunity to meet with the appropriate level of management prior to the
adoption.
E. EMERGENCY NOTICE TO RECOGNIZED EMPLOYEE
ORGANIZATIONS. In cases of emergency, when a rule, resolution, or regulation
directly relating to matters within the scope of representation must be adopted
immediately without prior notice or meeting with recognized employee
organizations affected, notice and opportunity to meet shall be given by the City at
the earliest practicable time following the adoption of such rule, resolution, or
regulation.
F. RESTRICTIONS ON MANAGEMENT AND CONFIDENTIAL
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EMPLOYEES. Management and confidential employees, who are members of an
employee organization that includes as members employees who are not
management or confidential employees, shall not:
1. Represent any employee organization which represents other
employees of the City on matters within the scope of representation
2. Serve as a representative or spokesperson for such employee
organization before City management or the City Council.
3. Serve on a committee composed of other employees of the City that
deals with or advises any employee organization on matters within the scope of
representation.
Nothing contained herein is intended to contravene the provisions of
Government Code Section 3507.5
G. APPLICATION OF LABOR CODE SECTION 923. The enactment
of this resolution shall not be construed as making the provisions of Section 923
of the Labor Code applicable to employees of the City.
SECTION 13: ADMINISTRATIVE RULES AND PROCEDURES
The Employee Relations Officer is hereby authorized to establish such rules
and procedures as appropriate to implement and administer the provisions of this
Resolution.
SECTION 14: IMPASSE PROCEDURES
IMPASSE. After meeting and conferring in good faith for a reasonable
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period of time in accordance with this Resolution and Government Code Section
3500 et. seq. either party may declare an impasse. The parties may mutually agree
to resolve the impasse through mediation or any other generally accepted method
for dispute resolution consistent with state law. Should the parties be unable to
agree to a method for resolving the impasse within five (5) days of the declaration
of impasse, the method used by the parties to resolve the impasse shall be
mediation. If mediation does not resolve the dispute within forty (45) days of the
declaration of impasse, or such longer period of time for resolution of the impasse
which has been mutually agreed upon in writing by the City and the employee
organization and approved by the City Council, the impasse shall be resolved by
the City Council of the City.
Within twenty-four (24) hours after the declaration of impasse, the City
and/or the recognized employee organization shall send a written notice to the
State Mediation and Conciliation Service to provide the parties with the assistance
of a mediator. Costs of mediation shall be paid, one-half by the City and one-half
by the Recognized Employee Organization(s). The City Council may resolve and
permit the City to implement, in its absolute discretion, all or any part of the
City's last, best, and final offer forty-five (45) days after impasse has been
declared by either the City and/or the Recognized Employee Organization(s), or
after such longer period of time that has been mutually agreed upon in writing by
the City and the Recognized Employee Organization(s) and approved by the City
Council. The impasse procedure shall be deemed to have been completed if the
parties have met or communicated with the mediator and attempted to break the
impasse, but either (1) the impasse has not been broken and forty-five (45) days
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have elapsed since the initial impasse was declared by the City and/or the
Recognized Employee Organization(s); or (2) a longer period of time than forty-
five (45) days, that has been mutually agreed to in writing by the City and
Recognized Employee Organization(s) and approved by the City Council, has
elapsed since the initial declaration of impasse has been made by the City and/or
the Recognized Employee Organization(s).
SECTION 15: THE RIGHT TO HIRE REPLACEMENTS AND
CONTINUE OPERATION DURING WORK
STOPPAGE OR STRIKE
The CITY shall have the right to hire "permanent replacements" as defined
by precedent under the National Labor Relations Act in the event of any work
stoppage or strike. City employees who have had their job filled by as permanent
replacements shall be,placed on a preferential hiring list as defined by precedent
under the National Labor Relations Act, if entitled to such placement. Should
employees of City engage in any work stoppage, strike or other concerted action
which interferes with the efficient operation of the City, the City shall take all
necessary and lawful measures to protect the public interest and to continue
uninterrupted service.
SECTION 16: 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 pursuant to the
provisions of this Section and Government Code Section 3500 et sue., for the
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purpose of representation on matters of employee relations, other than those
excluded herein. City employees 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 with, intimidated, restrained, coerced, or discriminated against
because of his or her exercise of these rights.
SECTION 17: MANAGEMENT RIGHTS
Responsibility for management of the City and direction of its work force is
vested in the City and the City Manager. In order to fulfill this responsibility it is
the exclusive right of City management to determine the mission of its constituent
divisions and offices, set standards of services to be offered to the public, and
exercise control and discretion over the City's organization and operations. It is
also the exclusive right of City management to take disciplinary action, relieve
City employees from duty because of lack of work or other legitimate reasons and
to determine the methods, means, and personnel by which the City's operations are
to be conducted, including the right to contract out any work being performed or
to be performed by City employees for legitimate organizational reasons,
including but not limited to cost effectiveness, efficiency and economy and to take
all necessary actions to maintain uninterrupted service to the community and carry
out its mission in emergencies. Nothing herein shall preclude employees from
representing themselves individually in their employment relations with the City
pursuant to Government Code Section 3502. Nothing shall preclude
representatives of Recognized Employee Organization(s) from meeting and
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conferring in good faith with City on matters contained within the scope of
Government Code Sections 3503, 3504, and 3505.
SECTION 18: SEPARABILITY
A. If any provision of this Resolution is for any reason held to be invalid
or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remainder of this Resolution. The City
Council of the City hereby declares that it would have adopted this Resolution and
each provision thereof irrespective of the fact that any one or more provisions
would be declared invalid or unconstitutional and for that reason the remainder of
the Resolution shall continue to be in full force and effect.
PASSED, APPROVED and ADOPTED this 27th day of August, 1996.
/YJ 6&4'eL
MAYO
ATTEST:
G
CIT CL RK
I hereby certify that the foregoing Resolution No. 96-38 was duly and
regularly adopted by the Rosemead City Council at a regular meeting
held on the 27th day of August, 1996, by the following vote:
Yes: Vasquez, Taylor, Clark, Bruesch, Imperial
No: None; Absent: None; Abstain: None
City Clexk~
E:\ MISOMPU I.WPD
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