A. Statement of Purpose. The purpose of this Article is to implement Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Section 3500 et seq.) captioned “Public Employee Organizations,” and known as the Meyers-Milias- Brown (MMB) Act, by providing orderly procedures for the administration of employer-employee relations and for the resolution of disputes regarding wages, hours, and other terms and conditions of employment within the scope of representation. As utilized in this Article, and except as otherwise provided, the term “employee” includes permanent or probationary classified employees, management employees and hourly exempt employees.
B. Employee Rights. Employees shall have the right to form, join and participate in the activities of employee organizations of their choice for the purpose of representation on all matters of employer-employee relations within the definition of the scope of representation.
Employees also shall have the right to refuse to join or participate in the activities of employee organizations, and shall have the right to represent themselves individually in their employment relations with the city. Employees shall not be interfered with, intimidated, restrained, coerced or discriminated against by the City or by any employee organization because of an exercise of these rights.
C. City Rights. The rights of the City include, but are not limited to:
1. The exclusive right to determine the mission and organization of its constituent departments, offices, commissions, and boards;
2. Set goals and standards of service;
3. Determine the standards of selection for employment and promotion;
4. Direct its employees;
5. Take disciplinary action;
6. Relieve its employees from duty because of lack of work, funds, or for other legitimate reasons in accordance with applicable law and rules;
7. Maintain the efficiency of governmental operations;
8. Determine the methods, means and personnel by which government operations are to be conducted, including the contracting and/or subcontracting of work;
9. Determine the goals and objectives, and minimum qualifications of job positions;
10. Take all necessary actions to carry out its mission in emergencies;
11. Exercise complete control over and direction of the organization and technology of performing work;
12. Establish reasonable work and safety rules and regulations in order to protect the health and welfare of City employees and members of the general public.
The exercise of such rights by the City shall be subject to the requirement to meet and confer if the matter impacts the terms and conditions of employment.
D. Access to Work Locations. Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the head of the department or office. Access shall be restricted to pre-work time, lunch or after-work hours so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours, nor with the use of City facilities or equipment, except as provided below.
E. Use of City Facilities. Employee organizations may be granted the use of City facilities during nonworking hours for meetings of City employees, provided space is available. All such requests shall be in writing, shall state the general purpose or purposes of the meeting and shall be submitted at least 24 hours prior to such meeting. The City may assess reasonable charges for the use of such facilities in accordance with any applicable administrative procedure regarding the particular facility.
The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards, is prohibited, the presence of such equipment in approved City facilities notwithstanding. Notwithstanding anything to the contrary herein, recognized employee organizations may use any City facility open to the public for any lawful purpose upon application to the City Clerk.
F. Use of Bulletin Boards. Recognized employee organizations may use portions of City bulletin boards under the following conditions:
1. All materials must be dated and must identify the organization that published them.
2. The City reserves the right to determine what portion of the bulletin boards are to be allocated to employee organization materials.
3. The City Manager may remove materials which the City Manager determines are slanderous, defaming or factually inaccurate if they are not removed by the affected employee organization immediately after being given notice to remove such materials.
4. An employee organization that does not abide by these bulletin board rules after a reasonable request to do so will forfeit its right to have materials posted on City bulletin boards for a period of 30 calendar days.
G. Availability of Data. The City shall make available to employee organizations such nonconfidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Sections 6250-6260.
Such information shall be made available during regular office hours in accordance with the City's procedures for making public records available and after payment of fees as set forth in a duly adopted City fee schedule for reproduction and labor.
Information which shall be made available to employee organizations may include regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential shall not be made available.
H. Dues deduction.
1. Only a recognized employee organization may be granted permission to have the regular dues of its members deducted from their paychecks, in accordance with procedures set forth in an applicable memorandum of understanding, or as set forth in these Rules.
2. Dues deduction shall be made only upon the voluntary written authorization of the employee, on a form provided by City. Dues deduction authorization may be cancelled and the dues deduction from payroll discontinued at any time by the employee upon voluntary written notice to the Finance Director unless otherwise provided. Dues deduction may continue only upon voluntary written authorization of the member for a period of time not to exceed the time period as may be provided in a memoranda of understanding. Employee payroll deduction authorizations shall be in uniform amounts to each employee for dues deductions and paid only to one employee organization for each employee.
3. The employee’s earnings must be sufficient to pay the due deductions after other legal and required deductions are made. All other legal and required deductions have priority over employee organization dues. When an employee who is a member in good standing of the formally recognized employee organization is in a leave without pay (LWOP) status for an entire pay period, no dues withholding will be made to cover that pay period from future earnings nor will the employee deposit the amount with City which would have been withheld if the employee had been in a paid status during that period. In the case of an employee who is in LWOP status during only part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made. The City shall have no liability whatsoever of any kind or character regarding dues deduction relative to an employee who has insufficient net earnings remaining after all legal and other required deductions to pay the authorized dues deduction or who has no earnings by virtue of being on leave without pay status.
4. Dues withheld by the City shall be paid monthly on or before the 15th day of the month next following the month in which the dues were deducted. A check shall be prepared and provided to the organization officer designated in writing by the organization as authorized to receive such funds and at the address specified.
5. All employee organizations who receive dues deductions shall indemnify, defend, and hold the City of Chico harmless against any claims made and against any suit instituted against the City of Chico on account of deduction of employee organization dues. In addition, all such employee organizations shall refund forthwith to the City of Chico any amounts paid to it in error upon presentation of supporting evidence.
(Res. No. 143 95-96, Res. No. 02 03-04)