a. Establishment and General Functions. There is hereby established the Los Angeles City Employee Relations Board consisting of five members, whose terms shall be five years, appointed by the Mayor and confirmed by the City Council, to perform the functions hereinafter set forth.
Each member shall hold office until his successor is appointed and confirmed. If a vacancy occurs during a term, the appointee to said vacancy shall hold office for the remainder of the term and until his successor is appointed and confirmed.
b. Qualifications of Members. The members of the Board shall have broad experience in the field of employee relations and shall possess the impartiality necessary to protect the public interest including the interests of the City and its employees.
c. Appointment and Removal of Board Members. Board members shall be appointed and may be removed in accordance with the provisions of Charter Section 502.
d. Organization and Meetings of the Board. The Board shall meet regularly at least once each month and shall meet at other times upon call of the chairman. Three members shall constitute a quorum and the votes of a majority of the Board members are required for action. Annually, at the Board’s July meeting, the members of the Board shall elect a chairman.
e. (Repealed)
f. Powers and Duties of Board. The Board shall have the following powers and duties:
(1) To determine employee representation units upon the request of qualified employee organizations and determine any dispute concerning the relationship of employees in new or deleted classes to representation units.
(2) To arrange with the City Clerk or other appropriate agency for elections among employees of an established representation unit to select the recognized employee organization for the unit and to certify the organization determined to be the majority representative.
(3) To determine contested matters involving elections, certification or decertification of recognized employee organizations.
(4) To investigate and determine the validity of charges of unfair employee relations practices, to make findings, and to issue orders to cease and desist which are not in conflict with other provisions of law.
(5) To establish and maintain a list of mediators and other impartial third parties for use as provided for in this chapter.
(6) To conduct investigations and hold public hearings on all matters relating to the composition of representation units and unfair employee relations practices. Each member of the Board shall have the power to administer oaths and affirmations in any such investigation or public hearing before the Board. The Board shall have the power and authority to examine witnesses under oath. The Board may compel the attendance of witnesses and the production of evidence before it by subpoena to be issued in the name of the City of Los Angeles and to be attested to by the City Clerk. The City Clerk shall, upon the demand of the chairman of the Board, issue the subpoena in the name of the City and attest the same with the seal of the City, and shall in such subpoena direct and require the attendance of the witness and production of evidence before the Board at the time and place specified therein. The Chief of Police shall cause all such subpoenas to be served upon the person named therein.
(7) To determine issues affecting the recognition status of employee organizations involved in a merger, amalgamation, or transfer of jurisdiction between two or more qualified employee organizations.
(8) To select one of its members to act as a hearing examiner pursuant to the provisions of this Code. To appoint nonmember hearing officers to hear unfair employee practice charges. Nonmember hearing officers shall be compensated for each day of hearing and each day required to prepare a report and recommendations to be submitted to the Board, a daily rate equal to the rate allowed for arbitrators, mediators and fact finders, reference being made to the total daily compensation presently divided by the City and the affected employee organization.
(9) Following notice and hearing, to adopt reasonable rules and procedures, consistent with the provisions of this chapter and other laws, and which are necessary in the performance of the duties and powers specified in this chapter.
(10) To appoint an employee to fill the position of Executive Director, and to appoint employees to fill other positions authorized for the Board by the City Council.
(11) To act upon requests for mediation or fact finding in connection with the resolution of impasses as provided in this chapter.
(12) To perform such other duties as may be necessary to carry out the Board’s responsibilities under the provisions of this chapter.
g. Facilities, Supplies and Equipment. The City Council shall provide compensation, appropriate office facilities and necessary supplies and equipment for the Board and its staff.
SECTION HISTORY
Added by Ord. No. 141,527, Eff. 3-5-71.
Amended by: Ord. No. 149,241, Eff. 2-11-77; Ord. No. 151,272, Eff. 9-2-78; Subdiv. (1), Subsec. c, Subdiv. (10), Subsec. f, Ord. No. 155,932, Eff. 11-15-81; Subsec. (e), Repealed by Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Subsec. (c), Ord. No. 173,365, Eff. 7-29-00.