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HomeMy WebLinkAboutReso 2012-091 - Employer-Employee Relations e e RESOLUTION NO. 2012-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING RESCINDING RESOLUTION NO. 2002-170 AND ESTABLISHING NEW POLICIES AND PROCEDURES PERTAINING TO THE ADMINISTRATION OF EMPLOYER-EMPLOYEE RELATIONS WHEREAS, Government Code Section 3507 expressly permits a public agency to adopt reasonable rules and regulations pertaining to employer-employee relations after consultation in good faith with representatives of an employee organization or organizations; and WHEREAS, the City Council and City staff have consulted in good faith with such employee organizations; and WHEREAS, at its meeting of June 30, 1969, the City Council of the City of Redding adopted Resolution No. 4217, arising out of the request of the IBEW Local 1245 to be acknowledged as the recognized employee organization for the electric utility, garage, welding shop, meter readers, street department and building maintenance, and in the opinion of the City Council, it was necessary to adopt reasonable rules and regulations for the administration of employer-employee relations pursuant to Government -Code Section 3507 in order to adequately respond to said request; and WHEREAS, the City Council has determined that, as a result of changes to State law that have taken place since the amendment of the Resolution on December 3, 2002, it is necessary to amend and clarify the procedures to be followed to determine representation status, bargaining units, impasse procedures, and the administration of such policies and procedures. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding that Resolution No. 2002-170 be rescinded, and the following policies and procedures, governing the administration of employer-employee relations under the Meyers-Milias-Brown Act of 1968, be adopted pursuant to the authorization provided by Government Code Section 3507. ARTICLE I - GENERAL PROVISIONS Section 1. Title of Resolution This Resolution shall be known as the Employer-Employee Relations Resolution of the City of Redding. Section 2. Statement of Purpose :A) f ~ o ~ C) ~ The purpose of this Resolution is to implement Chapter 10, Division 4, Title 1 of the Government Code ofthe State of California (Sections 3500, et seq.) captioned "Local Public Employees Organizations," by providing policies and procedures 1 - Section 3. e e for determining the representation status, bargaining units, impasse procedures and the orderly administration of employer-employee relations between the City and employee organizations and employees of the City, and for resolving disputes regarding wages, hours and other terms and conditions of employment. This Resolution does not supersede state law or City ordinances, rules or resolutions governing merit and/or civil service systems or other methods for administering employer-employee relations. Definitions As used in this Resolution, the following terms shall have the meanings indicated: A. "Appropriate Unit" means a unit of employee classes or positions established pursuant to Article II, Section 4A ofthis Resolution. B. "Certification" means formal recognition by the City that an employee organization is the exclusively recognized bargaining representative of an appropriate bargaining unit. C. "City" means the City of Redding, a municipal corporation, and where appropriate herein, "City" refers to the City Council, the governing body of said City, or any duly authorized management employee as herein defined. D. "Consult or Consultation in Good Faith" means to communicate verbally or in writing with all affected employee organizations relative to intended actions for the purpose of presenting and obtaining views thereon. It is distinguished from meeting and conferring in good faith with an Exclusively Recognized Employee Organization, in that it does not involve an exchange of proposals and counter proposals in order to endeavor to reach agreement in the form of a Memorandum of Understanding or otherwise, nor do the impasse procedures apply to the consultation process. E. "Day" means calendar day unless expressly stated otherwise. F. "Decertification" means the process and the outcome whereby the City formally withdraws the Exclusively Recognized Employee Organization representation status after a vote of the employees in the bargaining unit that_ the organization had represented as further specified in this Resolution. G. "Decertification Petition" means a written document that: 1) includes proof of employee support of at least 30 percent of the employees who are 2 e e eligible to vote as described in Article II, Section IA(lO) and 2) complies with the requirements stated in Article II, Section 6 of this Resolution. H. "Employee" means any person employed by the City in a Regular full- time or part-time position except those persons elected by popular vote. 1. "Employee, Confidential" means an employee who assists and acts in a confidential capacity to persons who formulate, determine, or effectuate policies of City management in the field of employer-employee relations. J. "Employee, Management" means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs. K. "Employee, Professional" means an employee 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. (Pursuant to Government Code Section 3507.3) L. "Employee, Supervisory" means an employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, or discipline other employees or 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. M. "Employee Organization" means any exclusive organization which includes employees of the City and which has as one of its primary purposes representing such employees in their employment relations with .. the City. N. "Employer-Employee Relations" means 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. O. "Exclusively Recognized Employee Organization" means an employee organization which has been formally certified by the City, after a representation election, as the sole employee organization representing the employees in an appropriate unit. Exclusively Recognized Employee Organizations have the exclusive right to meet and confer in good faith with City representatives concerning statutorily required subjects 3 e e pertaining to unit employees, and thereby assuming the corresponding obligations of fairly representing such employees. P. "Fact Finding" means the employee organization elects a fact finding process used after an employee organization and the City reach an impasse and if the mediation does not result in a settlement within 30 days of the mediator's appointment, or the parties do not agree to use mediation. Q. "Fact Finding Panel" is a three member panel and consists of one member selected by the employee organization, one member selected by the City, and the third member selected by the Public Employment Relations Board (PERB) or by agreement of the parties. The fact finding panel makes findings of fact and recommends terms of settlement, for advisory purposes only. R. "Impasse" means: 1. A deadlock in the annual (or periodic) discussions between an exclusive representative and the City over any matters concerning which they are required to meet and confer in good faith, or over the scope of such subject matter; or 2. Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the Municipal Employee Relations Officer made pursuant to Article IV of this Resolution. S. "Mediation" means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the public agency and the recognized employee organization or recognized employee organizations through interpretation, suggestion and advice. T. "Meet and Confer in Good Faith" means the mutual obligation of the designated representative of the City and the designated representatives of an Exclusively Recognized Employee Organization, personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. The City has no duty to meet and confer: 1) as to any topic with any employee organization that does not have exclusively recognized status; or 2) as matters regarding which an Exclusively Recognized Employee Organization has otherwise waived its 4 e e right to meet and confer; or 3) with employees who are not represented by an Exclusively Recognized Employee Organization. u. "Municipal Employee Relations Officer" means the City's City Manager, who will represent the City in all matters of employer-employee relations designated pursuant to Article I, Section 6, or his duly authorized representative. v. "Peace Officer" means an employee who is defined as a full-time "peace officer" under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code for the purposes of Government Code Sections 3300, et seq. w. "Proof of Employee Support" means: 1. An authorization card recently signed and personally dated by an employee, or 2. A verified authorization petition or petitions recently signed and personally dated by an employee. 3. The only authorization which shall be considered as proof of employee support shall be the authorization last signed by an employee. The words "recently signed" shall mean within one hundred twenty (120) days prior to the filing a petition. 4. Signatures shall be verified by using the payroll register for the period immediately prior to the date a petition is filed. X. "Recognition Petition" means a written document that: 1) includes proof of employee support of at least 30 percent of the employees who are eligible to vote as described in Subsection H, and 2) complies with the requirements in Article II, Section 1, of this Resolution. Y. "Resolution" means, unless the context indicates otherwise, the Employer-Employee Relations Resolution ofthe City of Redding. z. "Unilateral Implementation" means an action taken by the City to impose a term or condition or employment after meeting and conferring in good faith with the effected Exclusively Recognized Employee Organization, following the Exclusively Recognized Employee Organization's rejection of the City's last ~nd final offer, and following the completion of any required or agreed upon impasse procedures. AA. "Unit or Bargaining Unit" means a group of City job classifications which either the Personnel Director or the City Manager has determined 5 Section 4. e e constitute an appropriate collective bargaining unit under Article II, Section 4, of this Resolution. BB. "Unit Modification" means to alter an established unit by dividing that unit into two or more bargaining units, or combining that unit with another established bargaining unit in whole or in part. A unit modification may also be used as a vehicle to add a classification or a group of classifications into an existing unit or to sever a classification or group of classifications from the existing unit. Cc. "Unit Modification Petition" means a written document that: 1. Includes proof of employee support of at least 30 percent of the employees who are eligible to vote, and 2. Complies with the requirements stated in the procedures for modification of established appropriate units (Article II). DD. "Verified Employee Organization" means an employee organization, which: 1) includes employees of the City; and 2) has as one of its primary purposes to assist such employees who wish to seek representation as an exclusively recognized employee organization; and 3) is in full compliance with the verification procedure. City Rights It is the exclusive right of the City to make all managerial and administrative decisions, including but not limited to the following: to determine the merits, necessity, and organization of departments, boards, and commissions: to manage and direct its business and personnel; to administer the City merit system; to manage, control, and determine the mission of its departments; to manage and control buildings and facilities; to create, change, combine or abolish jobs, policies, departments and facilities in whole or in part; to subcontract or discontinue work for economic or operational reasons; to layoff employees; to direct the work force: to increase or decrease the work force and determine the number of employees needed; to hire, assign transfer, promote, and maintain the discipline and efficiency of its employees; to establish work standards, schedules of operation and reasonable work loads; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to adopt rules of conduct and penalties for violation(s) thereof; to determine the type and scope of work to be performed by City employees and the services to be provided; to classify and reclassify positions; to establish initial salaries of new classifications; and to determine the methods, processes, means and places of providing services; 6 Section S. . e and to take whatever actions are necessary to prepare for and operate in an emergency. The right and responsibility for final decisions regarding wages, hours, benefits, and other terms and conditions of emploYment rests solely with the City Council. Employee Rights Except as otherwise provided by law, City employees have the right to form, join, and participate in the activities of a verified or Exclusively Recognized Employee Organization of their own choosing for the purpose of representation on all matters of employer-employee relations. City employees have the right to refuse to join or participate in the activities of verified or Exclusively Recognized Employee Organizations. The right of City employees to represent themselves individually is limited to expressing individual concerns and does not include any right to meet and confer with City representatives regarding the terms and conditions of emplOYment pursuant to California Government Code Section 3503. Employees shall not be interfered with, intimidated, restrained, coerced, or discriminated against because of their exercise of these rights. Section 6. Designation of Municipal Employee Relations Officer Section 1. The City Council shall designate the City Manager as the Municipal Employee Relations Officer. The City Manager 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. The Municipal Employee Relations Officer so designated is authorized to delegate these duties and responsibilities. ARTICLE II - REPRESENTATION PROCEEDINGS Procedure for Filing of Recognition Petition(s) by Employee Organization(s) A. An employee organization that seeks to be certified as the Exclusively Recognized Employee Organization representing the employees in a proposed unit or in an existing unrepresented unit must file a petition with the Personnel Director. An employee organization that seeks to be certified as the Exclusively Recognized Employee Representative in an . existing unit that is already exclusively represented must also concurrently file a petition that complies with all of the requirements (including the filing period limitations) described in Article II, Section 5, as applicable: Such petition must contain the following information and documentation: 7 . e 1. Name and address of the employee organization. 2. Names and titles of its officers. 3. Names of employee organization representatives who are authorized to speak on behalf of its members. 4. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City. 5. A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state or international organization. 6. Current certified copies of the employee organization's constitution and bylaws. 7. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose. 8. A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin or any other protected status. 9. The job classifications of employees in the unit claimed to be appropriate and the approximate number of member employees therein. 10. A statement that the employee organization has in its possession written proof, dated within one hundred twenty (120) days of the date upon which the petition is filed, to establish that at least 30 percent of the employees in the proposed unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Personnel Director or, at the option of the employee organization, to a mutually agreed upon disinterested third party. 11. A request that the Personnel Director certify the petitioning employee organization as the exclusive representative of the employees in the unit claimed to be appropriate for the purpose of 8 Section 2. . e meeting and conferring in good faith on all matters within the scope of representation. B. Any request under Section 1 A above, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. C. If the Personnel Director determines that an employee organization has complied with the requirement specified in this article, the Personnel Director shall notify the organization in writing that it has verified status on an interim basis until any of the following occurs: 1) the employee organization fails to meet and comply with the policy and standards for determination of appropriate bargaining units as specified in Article II, Section 4; or 2) the organization fails to receive a majority vote as specified in Article II, Section 5. City Response to Recognition Petition(s) A. Upon receipt of the Petition, the Personnel Director will, within 30 days, determine whether: 1. There has been compliance with the requirements of the Recognition Petition as specified in Article II, Section 1, and 2. The proposed representation unit is an appropriate unit m accordance with Article II, Section 4. B. If the Personnel Director determines that the requirements of Paragraph A of this section have not been met, the Director will inform the petitioning organization in writing of the reasons for the determination and will offer to consult thereon with such petitioning employee organization. The petitioning organization will have fifteen (15) days from the date of notice of the determination of the Personnel Director to perfect the petition, provided that this time period will not be used to obtain additional proof of employee support. If the Personnel Director determines that the criteria in Paragraph A of this section are still not met, the Personnel Director will inform that organization in writing within ten (10) days of resubmission (or deadline for the resubmission). Upon receipt of this notice the petitioning employee organization may appeal a negative determination in accordance with Article II, Section 8, of this Resolution. The fifteen (15) day appeal deadline, as specified in this section, shall commence upon the date the organization receives the Personnel Director's notice. C. If the Personnel Director makes an affirmative determination on the two matters set forth in Paragraph A, the Personnel Director will inform the 9 Section 3. Section 4. e e petitioning employee organization, will give written notice regarding the filing of the recognition petition to the affected employees in the proposed unit within the initial thirty (30) day period, and will take no action on the petition for thirty (30) days after date of notice. Open Period for Filing Challenging Petition A. Within thirty (30) days after the date the Personnel Director gives written notice to affected employees per Article II, Section 2 that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the Exclusively Recognized Employee Organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications set forth in the recognition petition being challenged) by filing a petition and proof of Employee Support in accordance with Article II, Section 1. This procedure is only used in response to the initiating petition(s). B. The Personnel Director will respond to the challenging petition(s) in accordance with Article II, Section. If such challenging petition(s) propose an overlapping unit, the Personnel Director will hold a hearing on such overlapping petitions within fifteen (15) days of the close ofthe filing period for the purpose of ascertaining the appropriate unit. The hearing will be informal, and will provide all employee organizations the right to be heard. Thereafter, the Personnel Director, within thirty (30) days after the hearing, will determine the appropriate unit or units in accordance with the standards in Article II, Section 4 of this Resolution and provide written notice of the unit determination to all affected employee organizations. The petitioning organizations will have fifteen (15) days after the date of the Personnel Director's unit determination to appeal the unit determination pursuant to Article II, Section 8 of this Resolution. Policy and Standards for Determination of Appropriate Units A. The standards for determining the appropriateness of units focus upon the effect of a proposed unit orr (1) the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on a recognized community of interest. These standards require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered include, but are not limited, to the following: 10 Section S. e e 1. Which unit will assure employees the fullest freedom In the exercise of rights set forth under this Resolution. 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. 5. Whether the unit determination will cause a proliferation of units that will adversely affect the administration of employer-employee relations. 6. The effect on the existing classification structure of dividing a single classification among two or more units. 7. No unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized. 8. In the establishment of appropriate units, (a) professional employees and full-time peace officers shall not be denied the right to be represented separately from non-professional employees; and (b) 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. Election Procedure A. The Personnel Director shall determine the exclusive representative of the City employees in an appropriate unit by arranging for a secret ballot election to be conducted by State Mediation and Conciliation Service or by any other reasonable method which is based upon written proof, and is designed to ascertain the free choice of a majority of such employees. The election shall be conducted at 1) the conclusion of the thirty (30) day open period for filing a challenging petition(s) set forth in Article II, Section 3; 2) the Personnel Director makes an affirmative determination that Article II, Section 2A requirements, or the Article II, Section 6 requirements, or the Article II, Section 7 requirements have been met; and 3) the time for unit determination appeals under Article II, Section 8 has run. The Personnel Director may designate another party to conduct the election 11 e e after consulting about the party with the affected employee organization( s). B. The ballot shall contain the following: 1) all employee organizations which the City has determined have timely submitted petitions that comply with Article II, Section 2A or Article II, Section 7 requirements; 2) the incumbent Exclusively Recognized Employee Organization, if any; and 3) "no organization." The choice of "no organization" will not appear on a unit modification election ballot unless a modification petition is filed concurrently with a decertification petition. In the case of an election resulting from a decertification petition filed by a group of employees, the ballot will offer the sole choice of whether to retain the incumbent organization or not. C. Employees eligible to vote in an election are: 1) those who hold regular full- or part-time positions within classifications in the unit. Notwithstanding any of the above, no person is eligible to vote unless the person is employed on the last day of the last completed pay period immediately preceding the date the election commences or another date designated by the Personnel Director. Employees eligible to vote include those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. D. An employee organization is eligible for status as the Exclusively Recognized Employee Organization for a proposed unit following an election, or run-off election, if the organization receives a numerical majority of all valid votes cast in the election. A vote is "valid" if it was cast by an eligible voter, it is readily apparent which selection has been made on the ballot, and only one choice is marked in response to each of the questions(s) on the ballot. In an election involving three or more choices, when none of the choices receives a majority of the valid votes cast, a run-off election will be conducted between the two choices receiving the largest number of valid votes cast as stipulated in the election agreement and shall be binding on all parties. The rules governing an initial election will be applicable to a run-off election. The Personnel Director will provide a written report to the City Council regarding the outcome of such election(s). If satisfied as to the validity of the process, the Council shall formally certify the winning organization, if any, as the Exclusively Recognized Employee Organization for the contested bargaining unit. E. Notwithstanding anything stated in Article II, Section 6A or Section 7 A, the certification of an Exclusively Recognized employee Organization may 12 Section 6. e e be revoked only after a period of not less than twelve (12) months following the date of certification. F. Costs, if any, of conducting elections, such as for hiring a third party, renting a facility, or other agreed upon costs, shall be borne in equal shares by the City and by each employee organization appearing on the ballot. G. When an employee organization is formally certified as the Exclusively Recognized Employee Organization, that organization and the City will be bound by all terms and conditions of any Memorandum of Understanding then in effect for the remainder of its term except for those provisions, if any, related to agency shop. When an election results in the decertification of an Exclusively Recognized Employee Organization and no other representative is chosen, the unrepresented employees will be covered by all relevant terms and conditions of any MOU then in effect until changed by the employer. Procedure for Decertification of Exclusively Recognized Employee Organization A. A decertification petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established unit may be filed with the Personnel Director in October in the final year of the Memorandum of Understanding (MOU) covering the classifications of the employees in the unit or any time after an MOU has expired. However, at least twelve (12) full months must have expired from the date the Exclusively Recognized Employee Organization was recognized. The petition for decertification may be filed by a group of employees or their representatives, or a verified employee organization. Those seeking Exclusively Recognized Employee Organization status must also concurrently file a petition for modification (Article II, Section 7) or for recognition (Article II, Section 1), as appropriate. The petition for decertification, including all accompanying documents, must be verified in affidavit form or by declaration under penalty of perjury by the person signing it that its contents are true. A decertification petition must contain the following information: 1. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. 2. The name of the unit and the incumbent Exclusively Recognized Employee Organization sought to be decertified. 13 Section 7. tit e 3. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the unit, and any other relevant and material facts supporting the allegation. 4. Written proof of employee support as defined in Article II, Section lA(10), that at least 30 percent ofthe employees in the unit who are eligible to vote and who have signed an authorization card or representation petition within the previous one hundred twenty (120) days, have stated their desire not to be represented by the incumbent Exclusively Recognized Employee Organization. Such written proof shall be verified by the City. 2. If the Personnel Director finds that the Petition for decertification does not contain all of the information specified in Paragraph A above, then the Personnel Director will comply with Article II, Section 2B and C, and with Article II, Section 3, to allow other employee organizations time to file petitions as to the unit subject to decertification. 3. After the thirty (30) day waiting period, plus any time for appeals, has lapsed, the Personnel Director will arrange for a secret ballot election held in accordance with Article II, Section 5 to determine if the incumbent Exclusively Recognized Employee Organization will retain its status as the exclusive representative. Procedure for Modification of Established Appropriate Units A. Requests for modifications of established appropriate units may be filed with the Personnel Director during the month of October in the last year of a Memorandum of Understanding. A Modification Petition must contain the same information as listed in Article II, Section 1. Employee organizations seeking formal recognition as the exclusive representative must, in addition, satisfy the requirements of Article II, Section 5. B. If the Personnel Director finds that the Petition for Modification contains all of the information specified in Article II, Section 5, and if the modified unit the petition proposes is an appropriate unit pursuant to Section 4A(1- 8), then the Personnel Director will comply with Article II, Section 5. C. Technical clarification of established bargaining units, such as updating classification titles where the duties have not changed significantly, or assigning classes where duties have changed, will be made by the Personnel Director on an as-needed basis. Such changes do not constitute a "unit modification." 14 Section 8. Section 1. e e Appeals Procedure: A. An employee organization aggrieved by the unit modification determination of the Personnel Director may, within fifteen (15) days of notice of the Personnel Director's determination, request in writing the services of the California State Mediation and Conciliation Service to mediate the dispute. If the Mediation and Conciliation Service issues a recommendation for resolving the dispute, it will submit its recommendation to the City Manager's office for final decision. The City Manager, or his designee (other than the Personnel Director), will render a finding as soon as possible after receiving the recommendation. B. An employee organization aggrieved by a determination of the Personnel Director that a Modification Petition has not been filed in compliance with the applicable provision(s) as set forth in this Resolution may, within fifteen (15) days of notice of such determination, appeal in writing to the City Manager or his designee. The City Manager or his designee will consider the written materials from the affected parties and the Personnel Director. The City Manager or his designee will render a written finding within thirty (30) days of receipt of the appeal. The City Manger or his designee's decision regarding the appeal of the Personnel Director's decision will be final. ARTICLE III - ADMINISTRATION Payroll Deductions on Behalf of Employee Organizations After the City formally certifies an Exclusively Recognized Employee Organization, the members of such an organization, if such provision is made part of an MOU, may be provided payroll deductions of membership dues and other deductions as provided for in the MOU on forms provided for such deduction by the City. This process will be governed in accordance with the provisions of the applicable Memorandum of Understanding and/or administrative procedures. 15 Section 2. Section 1. e e Employee Organization Activities - Use of Resources A. Exclusively Recognized Employee Organizations may have access to City employees and to distribute materials to the extent specified in the current Memorandum of Understanding for each of these organizations. B. Employee organizations that do not have exclusive representation status, may have access to City employees at City work sites during non-paid times such as lunch hours and before and after work limited to the following purposes: 1. To meet with employees who are eligible to participate in the election. 2. Distribute materials to employees who are eligible to participate in the election, after the Personnel Director has received a copy of the materials and has approved such distribution. ARTICLE IV - IMPASSE PROCEDURES Initiation of Impasse Procedures Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. Any party may initiate the impasse procedure by filing with the other party (or parties) 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 Personnel Director 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: A. To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and B. If agreement is not concluded, to determine if the parties wish to utilize voluntary mediation as set forth in Article IV, Section 2. After mediation and fact finding opportunities or process are exhausted, if there is no agreement between the parties, the matter shall be referred to the City Council for a determination by the City Council after hearing the merits of the dispute. The fees and expenses, if any, of the mediators or of any other impasse procedure, except determination by the City Council, shall be payable one-half by the City and one-half by the employee organization or employee organizations. 16 Section 2. e e Impasse Procedures The impasse procedures are as follows: A. Voluntary mediation (mutually agreeable) (defined in Article I, Section 38). All mediation proceedings shall be private. The Mediator shall make no public recommendations nor take any public position concerning the Issues. B. Fact Finding 1. If mediation does not result in a settlement within 30 days but not more than 45 days following Mediator appointment, an employee organization may request the parties' differences be submitted for fact finding as set for in this section. 2. If the dispute was not submitted to mediation, the employee organization may request, not later than 30 days following a written notice of declaration of impasse, that parties differences be submitted for fact finding as set forth in this section. 3. A request for fact finding must be filed with the Public Employment Relations Board (PERB); service and proof of service are required. 4. Within five working days from the date the request is filed, PERB shall notify the parties whether the request satisfies the requirement of Government Code section 32140. 5. If the request does not satisfy the requirements above, no further action will be taken by PERB. 6. If the request is determined to be sufficient, PERB shall request that each party provide notification of the name and contact information of its panel member within five working days. "Working days" for the purpose of this section shall be those days when the offices of PERB are officially open for business. 7. After the selection of the panel members by the parties, PERB shall, within five working days following the determination, submit to the parties the names of seven persons, drawn from the list of neutral fact finders established pursuant to Government Code section 3541.3 (d). PERB will thereafter designate one of the seven persons to serve as the chairperson unless notified by the parties within five working days that they have mutually agreed upon a person to chair the panel in lieu of a chairperson selected by PERB. 17 Section 3. Section 1. e e 6. The fact finding panel, within ten days after its appointment, shall meet with the parties or their representatives, either jointly or separately, and make inquiries and investigations, hold hearings, and taken any other steps it deems appropriate. 7. If the dispute is not settled within 30 days after the appointment of fact finding panel or upon agreement by both parties within a longer period, the panel shall make findings of fact and recommend terms of settlement, which shall be advisory only. The fact finders shall submit, in writing, any findings of fact and recommended terms of settlement to the parties before they are made available to the public. The employer shall make these findings and recommendations publicly available within 10 days after their receipt. C. The matter will be referred to City Council: 1. If fact finding was unsuccessful, but no earlier than 10 days after the finding of facts and recommendations have been provided to the parties, or 2. If fact finding was not requested by the employee organization within 45 days of the Mediator appointment. A determination will be made by the City Council, after a hearing on the merits of the dispute. Costs of Impasse Procedures The costs, if any, for the service of any mediator or other form of intervention the parties utilize, and other mutually incurred costs of the impasse procedure, will be borne equally by the City and the Exclusively Recognized Employee Organization. ARTICLE V - MISCELLANEOUS PROVISIONS Construction A. Nothing in this Resolution shall be construed to deny any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State laws. 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 Resolution. 18 e e Section 2. Severability If any provision of this Resolution, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council of the City of Redding on the 6th day of November, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL~MEMBERS: COUNCIL MEMBERS: Bosetti, Jones, McArthur, Sullivan, & Dickerson None None None ct2I tf2-e- DICK DICKERSON, Mayor AtTEST;- :. ! I' .' C " '" FORM APPROVED: ~" .._~ . ~AMELA M:ii~:.. fClerk , .^ "'-, 19