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(A) When a petition is filed by an employee organization seeking formal recognition as majority representative, the city shall request the State Conciliation Service to make the determination as to whether the unit is an appropriate unit. If for any reason, the State Conciliation Service is unable to provide such a service, the determination shall be made by a mutually agreeable third party. The principal criterion in making the determination is whether there is a community 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 article;
(2) The history of employee relations:
(a) In the unit;
(b) Among other employees of the city; and
(c) 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 educational requirements; and
(5) The effect on the existing classification structure of dividing a single classification among two or more units. Provided, however, that no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized.
(B) In the establishment of appropriate units:
(1) Professional employees shall not be denied the right to be represented separately from nonprofessional employees; and
(2) Management and confidential employees who are included in the same unit with non- management or non-confidential employees may not represent such employees on matters within the scope of representation.
(C) The fees and expenses, if any, for the initial determination of appropriate units, upon the implementation of this article, shall be paid by the city. In any future determination, the petitioning employee organization shall pay the fees and expenses.
(`64 Code, Sec. 2-42.10) (Ord. No. 1433)
Notwithstanding any other sections in this article, the municipal employee relations officer shall, after notice and upon request, consult with affected employee organizations regarding removal or allocation of new or modified classifications or positions into or out of units. If, after such consultation, an agreement is not reached concerning any such removal or allocation issue, then a determination shall be made concerning said issue, in the same manner in which the appropriateness of a unit is otherwise determined in this article.
(`64 Code, Sec. 2-42.10.1) (Ord. No. 2028)
(A) The determination of the majority representative of city employees in an appropriate unit shall be made by secret ballot election conducted by the State Conciliation Service or by any other reasonable method which is agreeable to the city and the employee organizations concerned and is backed 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 on matters within the scope of representation for employees in such unit. This shall not preclude individual employees from consulting with management representatives on employer-employee relations matters of concern to them.
(B) The recognition rights of a majority representative which has been challenged shall be sustained or revoked through the process of a secret ballot election in a manner that utilizes the same procedures as outlined in the determination of formal recognition.
(C) 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 12 months following the date of such recognition.
(`64 Code, Sec. 2-42.11) (Ord. No. 1483)
(A) The city council shall designate, by resolution, an employee of the city as municipal employee relations officer who shall be the city's principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation including wages, hours and other terms and conditions of employment. A copy of such designation shall be sent to persons specified in section 3-43 above.
(B) The municipal employee relations officer so designated is authorized to delegate these duties and responsibilities.
(`64 Code, Sec. 2-42.12) (Ord. No. 1433)
(A) Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows:
(1) Mediation or conciliation - All mediation proceedings shall be private. The mediator shall make no public recommendations nor take any public position concerning the issues.
(2) Fact-finding - All fact-finding shall be private. The fact finder shall make no public recommendations nor take any public position concerning the issues. The findings and recommendations of the fact-finder may be released by either party subsequent to their being received by both parties.
(3) Referral to the city council - After a public hearing on the merits of the dispute, the city council may make a determination, or may refer the matter to mediation or fact-finding.
(4) Other procedures - Any other dispute resolving procedures to which the parties mutually agree.
(B) Any party may initiate the impasse procedures by filing with the other party affected, 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 by the municipal employee relations officer 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 agreement is not concluded, to mutually select the specific impasse procedure to which the dispute may be submitted; in the absence of agreement between the parties on this point, the matter may be referred to the city council.
(C) The fees and expenses, if any, of mediators or of any other impasse procedures, shall be payable one-half by the city and one-half by the employee organization or employee organizations.
(`64 Code, Sec. 2-42.13) (Ord. No. 1433)
(A) A grievance is any dispute concerning the interpretation or application of this article, or of rules or regulations governing personnel practices or working conditions, or of the practical consequences of a city rights' decision on wages, hours and other terms and conditions of employment.
(B) Grievances shall be processed in accordance with existing procedures or as amended by the city after consultation in good faith with representatives of employee organizations.
(`64 Code, Sec. 2-42.14) (Ord. No. 1433)
(A) 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 jointly prepared written memorandum of understanding signed by the duly authorized city and majority representatives.
(B) As to those matters within the authority of the city council, the memorandum of understanding shall be submitted to the city council for determination.
(`64 Code, Sec. 2-42.15) (Ord. No. 1433)
(A) Nothing in this article shall be construed to deny any person or employee the rights granted by federal and State laws and this code or other city ordinance provisions, or to reduce or detrimentally affect any benefits relating to wages, hours and other terms and conditions of employment previously conferred on any employee.
(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 article.
(C) The provisions of this article are not intended to conflict with the provisions of Cal. Gov't Code, Sections 3500 et seq., as amended in 1968.
(`64 Code, Sec. 2-42.16) (Ord. No. 1433)
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