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(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)
ARTICLE III. EMPLOYER-EMPLOYEE RELATIONS FOR NON-FIRE AND
NON-POLICE PERSONNEL
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