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For the purposes of this article, the following words shall have the following meanings:
(A) APPROPRIATE UNIT - A unit established pursuant to section 3-72.
(B) CONSULT or CONSULTATION IN GOOD FAITH - To communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions.
(C) EMPLOYEE - Any person regularly employed by the city except those persons elected by popular vote.
(D) EMPLOYEE, CONFIDENTIAL - An employee who is privy to confidential decisions of city management affecting employer-employee relations.
(E) EMPLOYEE, MANAGEMENT -
(1) Any employee having significant responsibilities for formulating and administering city policies and programs, including but not limited to the city manager and department directors; and
(2) Any employee having authority to exercise independent judgment to hire, transfer, suspend, layoff, recall, promote or discharge another employee, or having the responsibility to adjust their grievances, or effectively to recommend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(F) EMPLOYEE ORGANIZATION - Any organization which includes as members employees of the city and which has as one of its primary purposes representing such employees in their employment relations with the city.
(G) EMPLOYEE, PROFESSIONAL - Employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers and various types of physical, chemical and biological scientists.
(H) EMPLOYER-EMPLOYEE RELATIONS - The relationship between the city and its employees and their employee organization, or when used in a general sense, the relationship between city management and employees or employee organizations.
(I) EXCLUSIVE REPRESENTATIVE - An employee organization which has been formally acknowledged by the city as an employee organization that represents a majority of the employees in an appropriate unit.
(J) FACT-FINDING - The identification of the major issues in a particular dispute, a review of the position of the parties, and the making of findings of fact on the issues in dispute, without recommendation, unless requested in writing by all parties to the dispute to make recommendations.
(K) FACT-FINDER - An impartial person or a three-member panel skilled in matters of employer-employee relations and acceptable to the disputing parties.
(L) IMPASSE -
(1) A deadlock in the annual (or periodic) discussions between a majority representative and the city over any matters requiring the parties to meet and confer in good faith, or over the scope of such subject matter; or
(M) MEDIATION or CONCILIATION - The efforts of an impartial third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice.
(N) MEET AND CONFER IN GOOD FAITH - Performance by duly authorized city representatives and duly authorized representatives of a recognized employee organization of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment, in an effort to:
(1) Reach agreement on those maters within the authority of such representatives; and
(2) Reach agreement on what will be recommended to the city council on those matters within the decision-making authority of the city council, but does not require either party to agree to a proposal.
(O) MUNICIPAL EMPLOYEE RELATIONS OFFICER - The city's principal representative in all matters of employer-employee relations designated pursuant to section 3-66 or duly authorized representative.
(P) PEACE OFFICER - Defined in Cal. Penal Code, Section 830.
(Q) RECOGNIZED EMPLOYEE ORGANIZATION - An employee organization which has not been certified as representing a majority of employees in an appropriate unit, but which has met the other requirements of this article.
(R) SCOPE OF REPRESENTATION - All matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours and other terms and conditions of employment; except however, that the scope of representation shall not include proposed amendments to this article, nor shall it include consideration of the merits, necessity or organization of any service or activity provided by law as defined and delineated by section 3-65.
(`64 Code, Sec. 2-42.23) (Ord. No. 1533)
(A) Employees of the city shall have the right as herein provided to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including but not limited to wages, hours and other terms and conditions of employment.
(B) Employees of the city also shall have the right as herein provided 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.
(C) No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the city or by any employee organization because of the exercise of these rights.
(`64 Code, Sec. 2-42.24) (Ord. No. 1533)
(A) The rights of the city include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
(B) That the exercise of such city rights shall not preclude employees or their representatives from consulting with management or filing grievances about the consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.
(`64 Code, Sec. 2-42.25) (Ord. No. 1533)
When an employee organization has been formally recognized as the exclusive representative of the employees in an appropriate unit that organization shall have the exclusive rights:
(A) To meet and confer in good faith as the representative of the employees in the unit;
(B) To post information on designated bulletin boards for employees in the unit; and
(C) To have its dues deducted from employees in the unit who authorize such deduction.
(`64 Code, Sec. 2-42.26) (Ord. No. 1533)
(A) The city, through its representatives, shall meet and confer in good faith upon request, except as provided in section 3-66, with representatives of formally recognized employee organizations regarding matters within the scope of representation including wages, hours and other terms and conditions of employment within the appropriate unit.
(B) Provided, that nothing herein shall require meeting and conferring between parties to a memorandum of understanding during the term of such memorandum regarding any matter specifically covered by the memorandum or any other matter unless it could not have been anticipated by either party at the time the memorandum was signed.
(C) The employee representatives designated pursuant to section 3-70, subsection (C), shall be allowed reasonable time off without loss of compensation or other benefits to formally meet and confer with representatives of the city.
(`64 Code, Sec. 2-42.27) (Ord. No. 1533)
(A) All matters affecting employer-employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The city, through its representatives, shall consult in good faith with any exclusively recognized employee organization on employer-employee relations matters which affect the employee.
(B) Advance notice on matters subject to consultation, but outside the scope of representation, is desirable but not mandatory.
(`64 Code, Sec. 2-42.28) (Ord. No. 1533)
(A) Reasonable written notice shall be given to each exclusively recognized employee organization affected by any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the city council and each shall be given reasonable opportunity to meet with such body prior to adoption.
(B) In cases of emergency when the city determines that as an interim measure an ordinance, resolution, rule or regulation must be adopted immediately without prior notice or meeting with an exclusively recognized employee organization, the city shall provide reasonable notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, resolution, rule or regulation. The city shall promptly take final action on the ordinance, resolution, rule or regulation following such notice and opportunity to meet.
(`64 Code, Sec. 2-42.29) (Ord. No. 1533)
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