HomeMy WebLinkAboutReso 08-17 Establishing Employer Employee RelationsRESOLUTION NO. 08-17
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
RESCINDING RESOLUTION NO. 74-69 AND ESTABLISHING
EMPLOYER-EMPLOYEE RELATIONS
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Chapter 10, Division 4, Title 1 of the Government Code of the State of
California (Section 3500 et seq.) was enacted for the purpose of promoting full communication
and improved employer-employee relations between public employers and their employees by
establishing uniform and orderly methods of communication between employees and the public
agencies by which they are employed; and
WHEREAS, Government Code Section 3507 empowers a city to adopt reasonable rules
and regulations for the administration of employer-employee relations after consultation in good
faith with representatives of its employee organizations regarding such proposed rules and
regulations; and
WHEREAS, the Municipal Employee Relations Representative of the City of Morro Bay
("City"), as defined herein below, has met and conferred in good faith with the employee
representatives of the City's Recognized Employee Organization, as hereinafter defined,
regarding the preparation of reasonable rules and regulations for the administration of
employer-employee relations in the form of a new and complete Employer -Employee Relations
Resolution; and
WHEREAS, the City Council believes that it is in the best interests of the City and its
employees to adopt a comprehensive and complete Employer -Employee Relations Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
ARTICLE I. GENERAL PROVISIONS
Section 1. Title of the Resolution
This Resolution shall be known as the Employer -Employee Relations Resolution of the
City of Morro Bay,
Section 2. Statement of Purpose
2.1 This Resolution is adopted as authorized under Chapter 10, Division 4, Title 1 of
the California Government Code (Sections 3500 et seq.), entitled the Meyers-Milias-Brown Act
it BA"), to provide reasonable, uniform and orderly procedures for the administration of
employer-employee relations between the City and its employees, procedures for the
recognition and/or decertification of employee organizations, procedures for determining
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appropriate units of representation and/or modifying such units, and a reasonable, uniform and
orderly method for the resolution of questions regarding wages, hours, and other terms and
conditions of employment of City employees. This Resolution rescinds and supersedes all
previous resolutions pertaining to employer/employee relations.
Section 3. ®efinitions
Except as otherwise speccally provided below, the terms used in this Resolution shall
be defined in the same way as such terms are defined in the MMBA. In addition, the following
definitions are adopted for terms used in this Resolution.
3.1 "Appropriate unit" or "Employee unit of representation" means a unit of employee
classes or positions, established pursuant to Article II hereof.
3.2 "City" shall mean the City of Morro Bay, a general law city and municipal
corporation, and where appropriate herein, "City" also refers to the City Council, the governing
body of said City, or any duly authorized representative of the City of Morro Bay.
3.3 "Confer in good faith": See "Meet and Confer in Good Faith."
3.4 "Confidential Employee" means any employee who formulates, develops, or
determines management policy or administers the City's employer-employee relations, or
whose duties normally require access to confidential information that is used to contribute
significantly to the formulation, development, or determination of the same (e.g., secretary to a
department head, analyst who prepares confidential employer-employee relations documents).
3.5 "Consult in Good Faith" or "meet and consult in good faith" means to
communicate in writing or, if requested by the employee organization within the time limits set
by the Municipal Employee Relations Representative (also referred to as WERR"), orally, for
the purpose of presenting and obtaining views and advising of intended actions in a good faith
effort to reach a consensus; and, as distinguished from meeting and conferring in good faith
regarding matters within the required scope of the meet and confer process, does not involve an
exchange of proposals and counterproposals in an endeavor to reach agreement in the form of
a memorandum of understanding, nor is it subject to Article IV hereof.
3.6 "Days" means calendar days unless otherwise stated.
3.7 ''Employee" means any person regularly employed by the City in a position
approved in the City's allocated positions and compensation plan, as approved by the City
Council, except in a position designated in that plan as temporary or part-time and those
elected.
3.8 "Employee Organization" or "Recognized Employee Organization" means any
employee organization formally acknowledged by the City as an employee .organization that
represents the City's employees.
3.9 "Employee Representative" means the authorized representative of a
Recognized Employee Organization or an Exclusively Recognized Employee Organization.
3.10 "Employee unit of representation" or "appropriate unit" means a unit of employee
classes or positions, established pursuant to Article II hereof.
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3.11 "Employer-employee relations" means the relationship between the City and its
employees and their employee organization(s), or when used in a general sense, the
relationship between City management and individual employees or employee organization(s).
3.12 "Exclusive Recognized Employee Organization" means a sole employee
organization certified as the representative of all employees in a unit or units, whether or not
those employees are its members, and having the exclusive right and duty to meet and confer in
good faith on behalf of said employees concerning statutorily required subjects pertaining to unit
employees and thereby assuming the corresponding obligation of fairly representing said
employees. An Exclusively Recognized Employee Organization may not be challenged by
another employee organization within twelve (12) months of initial recognition.
3.13 "Filing Period" means the period between November 1st and December 31st of
every year following the adoption of this Resolution during which Employee Organizations may
submit petitions to be recognized, decertified, or modified, or the period within which an
Employee Organization or the City may propose to modify any existing unit of representation.
3.14 "Impasse" means that the representatives of the City and a Recognized
Employee Organization or Exclusively Recognized Employee Organization have reached a
deadlock or point in their meeting and conferring in good faith at which differences in positions
on matters to be included in a memorandum of understanding or on more general mandatory
bargaining matters within the scope of representation, and concerning that which they are
required to meet and confer, are so substantial or prolonged that future meetings would be
futile.
3.15 "Lead Negotiator" means the person in charge of the City's negotiating team
when a tentative agreement, a proposed memorandum of understanding, or a proposed
amendment to a memorandum of understanding is to be presented to the City Council.
3.16 "Management Employee" means any employee in a position having significant
responsibilities for formulating, administering or managing the implementation of City policies
and programs through independent judgment, including, but not limited to, the exercise of
discretionary authority to develop and modify institutional goals and priorities, including but not
limited to the City Manager, Deputy City Manager and all Department Heads.
3.17 "Mediation or Conciliation" means the efforts of an impartial third person or
persons functioning as an intermediary to assist the parties in reaching a voluntary resolution to
impasse, through interpretation, suggestion and advice. Mediation and conciliation are
interchangeable terms.
3.18 "Meet and Confer in Good Faith" or "Confer in Good Faith" means performance
by duly authorized City and Recognized Employee Organization representatives of their mutual
obligations. the City and a representative of a Recognized Employee Organization or
Exclusively Recognized Employee Organization shall have the mutual obligation personally to
meet within the time periods established by Section 6 of this Resolution upon request, exchange
information on matters within the scope of representation, including wages, hours and other
terms and conditions of employment, in a good faith effort to 1) reach agreement on those
matters within the authority of such representatives, 2) freely exchange information, opinions
and proposals, and 3) reach agreement in the form of a memorandum of understanding, on
what will be recommended to the City Council on those matters within the decision making
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authority of the City Council. This does not require either party to agree to a proposal or to
make a concession.
3.19 "Memorandum of Understanding" means a written document jointly prepared by
the City's Municipal Employee Relations Representative, or designee(s), and a Recognized
Employee Organization or Exclusively Recognized Employee Organization enumerating any
agreement reached as the result of meeting and conferring on matters within the scope of
representation, and the same signed by the parties involved and ratified by the majority of the
relevant bargaining unit and approved by the City Council.
3.20 "Municipal Employee Relations Representative" or "MERR" means the City's
principal representative in all matters of employer-employee relations with authority to meet and
confer on matters within the scope of representation. The City Council hereby designates the
City Manager as the MERR who is hereby authorized to delegate such duties and
responsibilities.
3.21 "Professional Employee" means any employee engaged in work requiring
specialized knowledge and skills attained through completion of a recognized course of
instruction.
3.22 "Proof of Employee Support" means (1) an authorization card recently signed
and personally dated by an employee, provided that the card has not been subsequently
revoked in writing by the employee (2) a verified authorization petition or petitions recently
signed and personally dated by an employee, or (3) employee dues deduction authorization,
using the payroll register for the period immediately prior to the date a petition is filed hereunder,
except that dues deduction authorizations for more than one employee organization for the
account of any one employee shall not be considered as Proof of Employee Support for any
employee organization. The only authorization which shall be considered as Proof of Employee
Support hereunder shall be the authorization most recently signed by an employee within ninety
(90) days prior to the filing of a petition.
3.23 "Recognized Employee Organization" means an Employee Organization that has
been acknowledged by the Municipal Employee Relations Representative as an Employee
Organization that represents employees of the City. The rights accompanying recognition
include the right to consultation in good faith by all Recognized Employee Organizations.
3.24 "Scope of Representation" means 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 consideration of the merits, necessity, or organization of any service or activity provided
by law or executive order, as set forth in Section 5.
3.25 "Supervisory Employee" means any employee who has authority, in the interest
of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or
discipline employees, or the responsibility to assign work and direct them, 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.
Section 4. Employee Rights
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4.1 Subject to the requirements of the law and Section 5 below, employees shall
have the following rights:
4.1.1 To form, join, and participate in the activities of employee organizations
of their own choosing for the purpose of representation on matters within the scope of
representation, in accordance with this Resolution.
4. 1.2 To refuse to join or participate in the actives of employee
organizations and to represent themselves individually in their employment relations with
the City.
4.1.3 To be free from the interference, intimidation, restraint, coercion, or
discrimination by the City, any employee organization, or any other employee because
of the exercise of these rights.
4.2 Professional Employees shall not be denied the right to be represented
separately from non-professional employees by an employee organization consisting of such
Professional Employees,
4.3 IVo Supervisory, Management, or Confidential Employee may represent any
employee organization, which represents other non -Supervisory, non -Management, or non -
Confidential employees of the City, on matters within the scope of representation, unless as
permitted by the City of Morro Bay Personnel Rules, and no Supervisory, Management, or
Confidential Employee may engage in any activity with or on behalf of any employee
organization which would result in an actual or apparent conflict of interest, as determined by
the MERR.
Section 5. City Responsibilities and Rights
5.1 To ensure that the City is able to carry out its functions and responsibilities
imposed by law, the City has and will retain the exclusive right to manage and direct the
performance of City operations and the work force performing such operations. Among the
rights which are reserved to the City are the following:
5.1.1 To determine the merits, necessity, organization, expansion, or
diminishment of any operation, service, or activity conducted by the City;
5.1.2 To determine and change the facilities, methods, means, and personnel
by which City operations are to be conducted;
5.1.3 To determine and change the number of locations, relocations, and
types of City operations and the processes and materials to be employed in carrying out
said operations, including but not limited to, the right to subcontract any work or
operation;
5.1.4 To determine the size, assignments, and composition of the employee
work force, to determine employee job classifications and contents thereof, and to
assign work to employees in accordance with requirements as determined by the City;
. 5.1.5 To relieve employees from duty because of lack of work, lack of
financial resources, or other non -disciplinary reasons;
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5.1.6 To hire, transfer, promote, and discipline employees in accordance with
the City's Personnel Rules;
5.1.7 To determine policies, procedures and standards for the selection,
training and promotion of employees;
5. 1.8 To establish employee performance standards including, but not limited
to, quality and quantity standards;
5. 1.9 To maintain the efficiency of governmental operations;
5.1.10 To take any and all necessary actions to carry out the City's operations
in emergencies;
5.1.11 To exercise complete control and discretion over the City's organization
and the technology of performing its work and services; and
5.1.12 To establish reasonable work and safety rules and regulations to
maintain the efficiency and economy desirable in the performance of City operations.
5.2 The City, in exercising these rights and operations, will not discriminate against
any employee because of membership or non -membership in any employee organization.
6.1 The City, through its representative(s), shall meet and confer in good faith with
Employee Representatives) of any Recognized Employee Organization or Exclusively
Recognized Employee Organization regarding matters within the scope of representation for its
members or for all employees, whichever applies, in the unit for which such organization is
recognized.
6.2 Where a Recognized Employee Organization or Exclusively Recognized
Employee Organization desires to meet and confer with the City, through p
Representative(s), on matters within the scope of representation, said organization shall make a
request in writing and specify the subjects to be discussed.
6.3 The Recognized Employee Organization or Exclusively Recognized Employee
Organization shall submit any and -all requests) to meet and confer on matters within the scope
of representation that have a fiscal impact and are not currently accounted for in the current
budget in the manner specified below:
6.3.1 By March 15th if it intends to have the requested item(s)
considered for
the budget for the next fiscal year, or, if there is a Memorandum of Understanding in
existence between the parties, for the fiscal year following the expiration date of the
Memorandum of Understanding, where March 15th immediately precedes the
commencement of said fiscal year.
6.3.2 If a Recognized Employee Organization or Exclusively Recognized
Employee Organization fails to submit, or to request a reasonable extension of time to
submit, written requests by March 15th, the City shall send written notice requesting said
employee organization to submit its written requests. If said employee organization fails
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to deliver to the City its written request(s) within seven (7) days after receipt of the notice
given by the City, said employee organization shall be deemed conclusively to have
waived any right to meet and confer as to the subjects to be discussed.
6.3.3 Written requests submitted by the Recognized Employee Organization
or the Exclusively Recognized Employee Organization may be changed during the meet
and confer process so long as the total cost of the requests as changed does not exceed
the cost of the requests made as of March 15th, or as of any other extension of time
agreed upon by the parties.
6.3.4 Promptly after such written requests have been made, a meeting shall
be arranged at a time and place mutually satisfactory to the parties involved.
6.3.5 The meet and confer process discussed in this Section 6.2 shall be
completed by May 31st immediately preceding the commencement of the fiscal year in
which the changes and/or requests are to become effective, or by any other extension of
time as agreed upon by the parties in writing. If a Recognized Employee Organization or
Exclusively Recognized Employee Organization fails to deliver to the City a written
request for a meeting within seven (7) days after receipt of the notice given by the City,
or within such other noticed time as specified by the City, said employee organization(s)
shall be deemed conclusively to have waived any right to meet and confer as to any
matter noticed by the City pursuant to this Section. In the event the meet and confer
process has not been completed or an agreement is not reached within the time
periods) set forth in this Section 6, either party may declare an Impasse and initiate
Impasse procedures in accordance with Article IV,
6.4 Where the City proposes to take action on matters regarding wages, hours, and
other terms and conditions of employment within the scope of representation, whether such
action be by ordinance, resolution, rule, or regulations, reasonable written notice shall be given
to each Recognized Employee Organization and each Exclusively Recognized Employee
Organization affected thereby, and each shall be given the opportunity to meet and confer with
the City, through its representative(s), prior to the adoption of same. In cases of emergency
when the City Council determines that an ordinance, resolution, rule or regulation must be
adopted immediately without prior notice or meeting with any Recognized Employee
Organization or Exclusively Recognized Employee Organization, the City shall provide such
notice and opportunity to meet at the earliest practicable time following the adoption of same.
6.4.1 In the event the City gives notice of an anticipated action pursuant to
this Section, the City may specify in said notice a reasonable period of time within which
the meet and confer process must be completed.
6.4.2 If a Recognized Employee Organization or Exclusively Recognized
Employee Organization fails to deliver to the City a written request for a meeting within
seven (7) days after receipt of the notice given by the City, or within such other noticed
time as specified by the City due to an emergency, said employee organization(s) shall
be deemed conclusively to have waived any right to meet and confer as to any matter
noticed by the City pursuant to this SectiOn'
6.5 If a tentative agreement is reached by the authorized representatives of the City
and Employee. Organization and ratified by the Employee Organization, the City Council shall
vote to accept or reject the tentative agreement within thirty (30) days of the date it is first
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considered at a duly noticed public meeting. If the City Council accepts the tentative agreement,
the parties shall jointly prepare a written Memorandum of Understanding, signed by the City's
representatives and the duly authorized Employee Representatives, which shall be brought
back for approval by the City Council. Said Memorandum of Understanding shall not be binding
until approved by the City Council,
6.6 If an agreement is reached by the representatives of the City and the employee
representatives, all agreed matters shall be incorporated as joint recommendations to the City
Council in a written Memorandum of Understanding signed by the City's representatives, and
the duly authorized employee representatives. Said Memorandum of Understanding shall not
be binding until approved by the City Council.
6.7 In the event the meet and confer process has not been completed or an
agreement is not reached within the time period(s) set forth in this Section 6, either party may
declare an Impasse and initiate Impasse procedures in accordance with Article IV,
The City, through its representatives, shall consult in good faith with representatives of
recognized and exclusively recognized employee organizations prior to the modification of any
rules and regulations for the administration of employer-employee relations, including any
amendments to this Resolution.
8.1 The City has investigated and considered the services performed by its
employees, their working conditions, and job duties, and the City's need to maintain an efficient
operation while providing sound employer-employee relations and the units of representation
historically recognized by the City. The City recognized the Service Employees International
Union Local No. 620 ("Union"), the Morro Bay Peace Officers Association ("POA"), and the
Morro Bay Firefighters Association, IAFF Local 3725 ("MBFFA) as the exclusive employee
organizations for the designated non -management employees of the City for purposes of
employer-employee relations under the MMBA and regulations of the Public Employment
Relations Board ("PERB") (Cal Code Reg, Section 31001-32997),
8.2 Additional, different or modified employee units of representation may be created
by action of the City Council as it deems appropriate, upon the City's own written notice given to
the appropriate employee organization or upon a petition filed by an employee organization
pursuant to Section 9 of this Resolution. In making its determination, the City Council will
investigate and consider the following factors:
8.2.1 Whether and which employees share a similar community of interests,
kinds of work performed, types of qualifications required, and general working
conditions;
8.2.2 The City's needs to maintain an efficient operation;
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8.2.3 The units of representation historically recognized by the City, except
however, that no unit shall be deemed to be an appropriate unit solely on the basis of
the extent to which employees in the proposed unit have organized;
8.2.4 Consistency with the organizational patterns of the City;
8. 2.5 Effect of differing legally mandated impasse resolution procedures;
8.2.6 Number of employees and classifications, and the effect on the
administration of employer-employee relations created by the fragmentation of
classifications and proliferation of units; and
8.2.7 Other matters considered relevant by the City to promoting sound
employer-employee relations and efficient operation of the City.
Section 9. Requirements For and Process of Becoming an Exclusively
Recognized Employee Organization
9.1 Only one employee organization shall be recognized as an employee
organization representing employees in a unit and, after the effective date of this Resolution,
only exclusive recognition on behalf of a unit established in accordance with this Resolution or
amendment hereto shall be conferred.
9.2 An employee organization which was a Recognized Employee Organization
immediately prior to the effective date of this Resolution shall continue to be so recognized
under this Resolution in the unit for which it had been recognized, subject to this Article II,
Section 9, and Sections 14 through 16 herein, and provided that said organization, sixty (60)
days after the effective date of this Resolution, submits current information listed in
Sections 9.3.1 through 9.3.9 and acknowledges in writing within said time limit that it consents
to the definition of said unit or units set forth in Section 8.
9.3 Process of Becoming Recognized. An employee organization seeking to
become certified as the Exclusively Recognized Employee Organization representing
employees in an appropriate unit shall file a petition ("Recognition Petition") with the MERR
during the Filing Period. The Recognition Petition shall contain all of the following information
and documentation declared by the duly authorized signatory under penalty of perjury to be
true, correct, and complete:
9.3.1 Name and address of the employee organization;
9.3.2 Names and titles of its officers;
9.3.3 Names of employee organization representatives who are authorized to
speak on behalf of the organization;
9.3.4 Names and addresses of no more than two (2) employee
representatives to whom notices, if sent pursuant to this Resolution, will be deemed
sufficient notice to the employee organization for any purpose;
9.3.5 A copy of the employee organization's current Constitution and Bylaws,
which shall contain a statement that the employee organization has, as one of its
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primary purposes, the representation of employees in their employment relations with
the City;
9. 3.6 A statement whether the employee organization is a subordinate body
of, or affiliated directly or indirectly in any manner with, any regional or state or
international organization and, if so, the name and address of each such regional, state,
national, or international organization;
9. 3.7 A statement that the employee organization has no restriction on
membership based on race, religious creed, color, national origin, ancestry, genetic
material, age, mental or physical disability, medical condition, marital status, sex, sexual
orientation, or gender expression;
9.3.8 The job classifications or position titles of employees in the unit claimed
to be appropriate and the approximate number of member employees therein;
9.3.9 A statement that the employee organization has in its possession Proof
of Employee Support to establish that a majority of the employees in the 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 MERR or to a representative of the California State Mediation and
Conciliation Service; and a request that the MERR formally acknowledge the employee
organization as the Exclusively Recognized Employee Organization representing the
employees in the unit claimed to be appropriate for the purpose of meeting and
conferring in good faith.
Section 10. City Response to Recognition Petition for an Exclusively Recognized
Employee Organization
10.1 Upon receipt of the Recognition Petition, the MERR shall determine whether:
10.1.1 There has been compliance with the requirements of the Recognition
Petition, in accordance with Section 9, and
10.1.2 The proposed representation unit is an appropriate unit, in accordance
with Section 8.
10.2 If an affirmative determination is made by the MERR on the foregoing matters
listed in Section 10.1, the MERR shall inform the petitioning employee organization, give written
notice of the Recognition Petition to all the employees in the unit and any other employee
organization(s) representing any employee in the same unit, and take no action on said request
for thirty (30) days thereafter.
10.3 If either of the foregoing matters listed in Section 10.1 are not affirmatively
determined, the MERR shall deny the Recognition Petition and inform the petitioning employee
organization of the reasons therefor in writing. The petitioning employee organization shall have
seven (7) days to cure any defects in the Recognition Petition, All defaults must be cured, and
a valid Recognition Petition must be submitted by the end of the Filing Period, unless the
submission deadline is extended by the MERR, who shall not extend the cure period more than
fifteen (15) days beyond the end of the Filing Period. Neither the MERR nor the City is
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obligated to assist the petitioning employee organization in curing the alleged defects to the
Recognition Petition,
10.4 The petitioning employee organization may appeal such determination in
accordance with Section 18,
Section 11. Open Period for ng Challenging Petition to an Exclusively
Recognized Employee Organization
Within thirty (30) days of the date written notice was given to affected employees 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 or positions set forth in
the Recognition Petition being challenged), by filing a petition evidencing Proof of Employee
Support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the
same form and manner as set forth in Section 9.3. If such challenging petition seeks
establishment of an overlapping unit, the MERR shall call for a meeting on such overlapping
Recognition Petitions for the purpose of ascertaining the more appropriate unit, at which time
the petitioning employee organizations shall be heard. Thereafter, the MERR shall determine
the appropriate unit or units in accordance with the standards in Section 8.2. The petitioning
employee organizations shall have fifteen (15) days from the date notice of such unit
determination is communicated to them by the MERR to amend their petitions to conform to
such determination or to appeal such determination pursuant to Section 18,
Section 12. Granting Recognition to an Exclusively Recognized Employee
Organization Without an Election
If the Proof of Employee Support shows that a majority of the employees in the
appropriate unit have designated the peoning employee organization to represent them, and if
no other employee organization files a challenging petition, the petitioning employee
organization and the MERR shall request the California State Mediation and Conciliation
Service, or another agreed upon neutral third party, to review the count, form, accuracy, and
propriety of the Proof of Employee Support. If the neutral third party makes an affirmative
determination, the MERR shall certify the petitioning employee organization as the Exclusively
Recognized Employee Organization for the appropriate unit.
Section 13. Granting Recognition to an Exclusively Recognized Employee
Organization Through an Election Process
13.1 Upon the submission of valid Recognition Petitions of more than one employee
organization for employees in the same or overlapping units, the MERR shall arrange for a
secret ballot election to be conducted by the City Clerk or such other third party agreed to by the
MERR and the concerned employee organization(s), in accordance with such party's rules and
procedures, subject to the provisions of this Resolution. All employee organizations who have
July submitted Recognition Petitions which have been determined to be in conformance with
th,s Resolut,on shall be 11I l ed on the ballot. The ballot shall alsc reserve to @mployees the
choice of representing themselves individually in their employment relations with the
City. Employees entitled to vote in such election shall be those persons employed in regular,
permanent positions within the designated appropriate unit who were employed during the pay
period immediately prior to the date which ended at least fifteen (15) days before the date the
01181.0023/348994.1 CMC -� �-
election commences, including 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. An employee organization shall be formally acknowledged as
the Exclusively Recognized Employee Organization for the designated appropriate unit following
an election or run-off election, if it received a numerical majority of all valid votes cast in the
election. In an election involving three or more choices, where none of the choices receives a
majority of the valid votes cast, a run-off election shall be conducted between the two choices
receiving the largest number of valid votes cast. The rules governing an initial election are
applicable to a run-off election.
13.2 There shall be no more than one valid election under this Resolution pursuant to
any Recognition Petition in a twelve (12) month period affecting the same unit.
13.3 In the event that the parties are unable to agree on a -third party to conduct the
election, the election shall be conducted by the California State Mediation and Conciliation
Service. If a third party conducts the election, costs of conducting elections shall be borne in
equal shares by the City and by each employee organization appearing on the ballot.
13.4 A Recognized Employee Organization or Exclusively Recognized Employee
Organization of the unit for which a decertification election is being conducted shall also appear
on the ballot, unless within fourteen (14) days of receipt of the notice of the Decertification or
Recognition Petition, or notice of the unit determined by the City Council, whichever is later, said
employee organization provides written notice to the MERR that it does not intend to participate
in the election. Notice of the intention not to participate in the election shall constitute withdrawal
from representation of the unit effective the date the notice of intention not to participate in the
election is received by the MERR.
13.5 The MERR shall announce the date of the election and the voting location or
locations at least twenty-eight (28) days before the date of such election. Employees shall vote
in person.
Section 14. Procedure for Decertification of Exclusively Recognized Employee
Organization
14.1 A decertification petition alleging that the incumbent Exclusively Recognized
Employee Organization no longer represents a majority of the employees in an established
appropriate unit ("Decertification Petition") may be filed with the MERR only during the Filing
Period or the thirty (30) day period commencing one hundred twenty (120) days prior to the
termination date of a Memorandum of Understanding then having been in effect for three (3)
years or less, provided that a Decertification Petition may not be filed within twelve (12) months
of initial recognition of an Exclusively Recognized Employee Organization, A Decertification
Petition may be filed by two or more employees or their representative, or an employee
organization, and shall contain the following information and documentation declared by the
July authorized signatory under penalty of perjury to be true, correct, and complete:
14.1
designated
1 The name,
representative
address and
�+"prized to
GGII 1
01181.0023/348994.1 CMC -12-
telephone number of the petitioner and a
information.
receive notices or requests for further
14. 1.2 The name of the established appropriate unit and the incumbent
Exclusively Recognized Employee Organization sought to be decertified as a
representative of that unit.
14. 1.3 An allegation that the incumbent Exclusively Recognized Employee
Organization no longer represents a majority of the employees in the appropriate unit,
and any other relevant and material facts relating thereto.
14. 1.4 Proof of Employee Support that at least thirty (30) percent of the
employees in the established appropriate unit no longer desire to be represented by the
incumbent Exclusively Recognized Employee Organization. Such proof shall be
submitted for confirmation to the MERR or to a mutually agreed upon disinterested third
party within the time limits specified in the first paragraph of this Section. An employee
organization may, in satisfaction of the Decertification Petition requirements hereunder,
file a petition under this Section in the form of a Recognition Petition that evidences
Proof of Employee Support of at least thirty (30) percent, that includes the allegation and
information required under paragraph 14.1.3 of this Section, and otherwise conforms to
the requirements of Section 9.
14.2 The MERR shall initially. determine whether the Decertification Petition has been
filed in compliance with the applicable provisions of this Resolution.
14.2.1 If the foregoing matters listed in Section 14.1 are not affirmatively
determined, the MERR shall deny the Decertification Petition and inform the petitioning
employee organization of the reasons therefor in writing. The petitioning employee
organization shall have seven (7) days to cure any defects in the Decertification
Petition. Neither the MERR nor the City is obligated to assist the petitioning employee
organization in curing the alleged defects to the Decertification Petition,
14.2.2 If the foregoing matters listed in Section 14.1 are affirmatively
determined by the MERR, or if his/her negative determination is reversed on appeal, the
MERR shall give written notice of such Decertification or Recognition Petition to the
incumbent Exclusively Recognized Employee Organization and to unit employees. The
MERR shall thereupon arrange for a secret ballot election to be held to determine the
wishes of unit employees as to the question of decertification and, if a Recognition
Petition was duly filed hereunder, the question of representation. Such election shall be
conducted within the same timeframe and under the same procedures as set forth in
Section 13.
14.2.3 The petitioning employee organization may appeal such determination
in accordance with Section 18.
14.3 During the Filing Period or the thirty (30) day period commencing one hundred
twenty (120) days prior to the termination date of a Memorandum of Understanding then having
been for three (3) years or less, the MERR may give written notice of the city's specific intent to
the affected employee organization, when the MERR has reason to believe that a majority of
unit employees no longer wish to be represented b}� the Incumbent Exclusively Recognized
Employee Organization, give notice to said organization and all unit employees that an election
will be arranged and held by the MERR to determine that issue. In such event, any other
employee organization may, within fifteen (15) days of such notice, file a Recognition Petition in
accordance with Section 9.3, which the MERR shall act on in accordance with this Section.
01181.0023/348994.1 CMC -� 3-
14.4 If, pursuant to this Section, a different employee organization is formally
acknowledged as the Exclusively Recognized Employee Organization, such organization shall
be bound by all the terms and conditions of any Memorandum of Understanding then in effect
for its remaining term.
Section 15. Procedure for Modification %J Established Appropriate Units
15.1 Requests by employee organizations for mocations of established appropriate
units ("Modification Petition") may be considered by the MERR. The Modification Petition shall
be submitted during the Filing Period or the thirty (30) day period commencing one hundred
twenty (120) days prior to the termination date of a Memorandum of Understanding then having
been in effect for three (3) years or less, whichever occurs later, shall be in the form of a
Recognition Petition, and, in addition to the requirements set forth in Section 9.3, shall contain a
complete statement of all relevant facts and citations in support of the proposed modified unit in
terms of the policies and standards set forth in Section 8. The MERR shall process the
Modification Petition as any other Recognition Petition under this Resolution.
15.2 Proof of Support: When an employee organization requests the addition of
classifications or positions to its established unit, and the addition of the positions would
increase the existing unit size by ten (10) percent or more, the MERR will require proof of
majority support of persons employed in the classifications or positions to be added. The
MERR will require proof of at least thirty (30) percent support among the affected employees if a
pending representation petition by another employee organization overlaps the positions at
issue in the unit modification petition.
15.3 At any time, the MERR may, by giving written notice of City's intent to the
affected employee organization, propose that an established unit be modified. The MERR shall
give written notice of the proposed modification(s) to any affected employee organization(s),
and each employee within said affected unit or units, and shall hold a meeting concerning the
proposed modification(s), at which time all affected employee organizations shall be
heard. Thereafter the MERR shall determine the composition of the appropriate unit or units in
accordance with Section 8, and shall give written notice of such determination to the affected
employee organizations.
15.3.1 The MERR's determination may be appealed in accordance with
Section 18.
15.3.2 If a unit is modified pursuant to the written notice of the MERR
hereunder, employee organizations may thereafter file Recognition Petitions seeking to
become the Exclusively Recognized Employee Organization for such new appropriate
unit or units pursuant to Section 9.
Section 16. Procedure for Processing Severance Requests
16.1 An employee organization may file a request to become the Recognized
Employee Organization of a unit alleged to be appropriate that consists of a group of employees
\Aiho are already n part of a larger established unit represented by another Recognized
Employee Organization ("Severance Request"). The timing, form, and processing of the
Severance Request shall be as specified in Section 15 for a Modification Petition,
01181.0023/348994.1 CMC -14-
I 6.2 Proof of Support: When an employee organization requests severance of
classifications or positions to its established unit, and the severance of the positions would
decrease the existing unit size by ten (10) percent or more, the MERR will require proof of
majority support of persons employed in the classifications or positions to be severed. The
MERR may require proof of at least thirty (30) percent support among the affected
employees. The MERR's determination may be appealed in accordance with Section 18.
Section i7. Amendment of Certification
17.1 Employee Organization Petition
17.1.1 A Recognized Employee Organization shall file with the MERR a
petition to amend its certification or recognition ("Amendment Petition") in the event of a
merger, change in affiliation, or transfer of jurisdiction.
17.1.2 The Amendment Petition shall be in writing, signed by an authorized
agent of the employee organization, and contain the following information:
(a) The name, address and telephone number of the employee
organization and the name, address and telephone number of the agent to be
contacted;
(b) A brief description and the title of the established unit;
(c) A clear and concise statement of the nature of the merger,
amalgamation, affiliation, or other change in jurisdiction, and the new name of the
employee organization. The statement shall include the following information:
(1) Whether the new organization has the same structure as
thIV former organization (e.g., eligibty for membership, dues /fees
structure, continuation of the manner in which contract negotiations,
administration and grievance processing will be effectuated), and if not,
an explanation of the change(s) in structure;
(2) Whether the officers and representatives of the new
organization are the same as the former organization, and if not, a
specification of the changes in officers and/or representatives;
(3) Whether the power of the members to control the
organization's agents is the same as it was in the former organization
(e.g., input into contract proposals, contract ratification, frequency of
membership meetings, preservation of the (former) organization's
physical facilities, books, and assets, choosing/oversight of executive
board members), and if not, a specification of what changes have been
made; and
(4) Whether the organization's members were given an
opportunity to vote on the change in status, and if so, a description of the
voting process and results.
01181.0023/348994.1 CMC -�J-
17.2 Review Process
17.2.1 Upon receipt of a petition filed pursuant to Section 17.1 above, the
MERR shall conduct such inquiries and investigations, and hold such meetings as
deemed necessary and/or conduct a representation election in order to decide the
questions raised by the Amendment Petition,
17. 2.2 The MERR may dismiss the Amendment Peon if the petitioner has no
standing to petition for the action requested or if the Amendment Petition is improperly
filed.
17.2.3 In determining whether to grant the Amendment Petition, the MERR will
examine the following issues:
(a) Whether the new organization has the same or similar structure as
the former organization;
(b) Whether the officers and representatives of the new organization
are substantially the same as the former organization;
(c) Whether the power of the members to control the organization's
agents are substantially the same; and
(d) Whether the organization's members were given an opportunity to
vote on the change in status.
17.3 Determination
17.3.1 Unless the MERR finds that there is no substantial continuity of identity
aHd representation between the former and new organizations, the MERR will issue an
amendment of certification reflecting the new identity of the Exclusive Recognized
Employee Organization. Such certification shall not be considered to be a new
certification for the purpose of computing time limits pursuant to Section 14. The terms
and conditions of a Memorandum of Understanding then in effect shall remain in effect
until said Memorandum of Understanding expires.
17.3.2 If the MERR determines that there is no substantial continuity of identity
and representation between the former and new organizations, the MERR shall order an
election in conformance with Section 14.
17.3.3 The MERR's determination may be appealed in accordance with
Section 18.
Section 18. Appeals
18.1 Within fifteen (15) .days of a final decision of the MERR, (i) an employee
organization aggrieved by a determination of an appropriate unit or that a Recognition Petition
(Sec. 9), Challenging Petition (Sec. 11), Decertification Petition (Sec. 14), Modification Petition
(Sec. 15), Severance Request (Sec. 16), or Amendment Petition (Sec. 17) has not been filed in
compliance with Article II; or (ii) employees aggrieved by a determination that a Decertification
Petition (Sec. 14) or Severance Request (Sec. 16) has not been filed in compliance with
01181.0023/348994.1 CMC -16-
Article II, may request to submit the matter to mediation by the State Mediation and Conciliation
Service. In lieu thereof, or fifteen (15) days after such mediation proceedings, said employee
organization or employees may appeal such determination to the City Council for final decision.
18.2 Appeals to the City Council shall be filed in writing with the City Clerk, and a copy
thereof served on the MERR. The City Council shall commence to consider the matter within
thirty (30) days of the filing of the appeal. The City Council may, in its discretion, refer the
dispute to a third party hearing process. Any decision of the City Council on the use of such
procedure, and/or any decision of the City Council determining the substance of the dispute,
shall be final and binding. Any costs for the appeal shall be borne equally by the City and the
employee organization.
ARTICLE III. ADMINISTRATION
Organizations
All Recognized Employee Organizations and Exclusively Recognized Employee
Organizations shall advise the MERR in writing immediately of any changes in the information
enumerated in Sections 9.3.1 through 9.3.9 within fourteen (14) days of such change.
Exclusively Recognized Employee Organizations that are party to an agency shop
provision shall provide annually to the Employee Relations Officer and to unit members within
60 days after the end of its fiscal year the financial report required under Government Code
Section 3502.5 (f) of the Meyers-Milias Brown Act.
Section 20. Employee Organization Activities —Use of City Resources
Access to City work locations and the use of City paid time, facilities, equipment and
othU1 resources by employee organizations and those representing them, shall be authorized
only to the extent provided for in Memoranda of Understanding and/or administrative
)rocedures, shall be limited to lawful activities consistent with the provisions of this Resolution
that pertain directly to the employer-employee relationship and not to such internal employee
organization business as soliciting membership, campaigning for office, or organization
meetings and elections, and shall not interfere with the efficiency, safety, and security of City
operations.
ARTICLE IV. IMPASSE PROCEDURES
Section 21. Initiation of Impasse Procedures
If the meet and confer process has reached an Impasse, either party may initiate the
Impasse procedures by filing with the other party a written request for an Impasse meeting,
together with a statement declaring an Impasse and its position on all issues. An Impasse
meeting shall then be scheduled promptly by the MERR. The purpose of such meeting shall be:
21,1,'1 �["n review the ppcitjpr-� of the parties
in a final effort to reach agreement
on a Memorandum of Understanding; and
21.1.2 If the Impasse is not resolved, to discuss arrangements for the
utilization of the Impasse procedures provided herein.
01181.0023/348994.1 CMC -17-
Impasse procedures are as follows:
22.1 If the parties agree to submit the dispute to mediation, mediation will be
conducted by a mediator from the California State Mediation and Conciliation Service, unless
the parties agree to use another mediator. All mediation proceedings shall be private. The
mediator shall make no public recommendation, nor take any public position at any time
concerning the issues. If there is a cost for the services of a mediator, such costs shall be
borne equally by the City and the employee organization.
22.2 If the parties, having so agreed to mediation, fail to resolve the dispute within
thirty (30) days after the appointment of the mediator, the employee organization thereafter may
request to submit the Impasse to fact-finding, as provided in Section 23 below.
22.3 If the parties do not agree to mediation, the employee organization may request
to submit the Impasse to fact-finding, as provided in Section 23 below.
22.4 If the Impasse has not been resolved through fact-finding, or the employee
organization fails to request fact-finding, the Impasse will be sent to the City Council, which shall
then hold a public hearing on the impasse and take such action regarding the Impasse as it, in
its discretion, deems appropriate as in the public interest, including but not limited to unilaterally
implementing its last, best, and final offer, but shall not implement a memorandum of
understanding. Any legislative action by the City Council on the Impasse shall be final and
binding.
Section 23. Fact -Finding Procedures
23.1 Upon failure to agree to, or upon failure to reach an agreement through,
mediation, the employee organization may submit a written request to the MERR and the Public
Employment Relations Board for a fact-finding panel as follows:
23.1.1 If the dispute was submitted to mediation, not sooner than thirty (30)
days, but not more than forty-five (45) days, after the appointment of the mediator.
23.1
.2 If the dispute was not submitted to mediation, not later than thirty (30)
days following the date that either party provided the other with a written notice of an
Impasse and request for an Impasse meeting.
23.2 The request for fact-finding shall be filed with the Public Employment Relations
Board, Sacramento Regional Office 1031 18th Street, Sacramento, CA 95811-4124, with a proof
of service, containing a declaration signed under penalty of perjury with the following
information: (1) the name of the declarant; (2) the county and state in which the declarant is
employed or resides; (3) a statement that the declarant is over the age of 18 years and not a
party to the case; (4) the address of the declarant; (5) a description of the documents served;
(6) the method of service and a statement that any postage or other costs were prepaid; (7) the
name(s), address(es) and, if applicable, fax number(s) used for sen/ice on the party(1e. and
(8) the date of service. The Public Employment Relations Board shall approve or disapprove all
requests for fact-finding.
01181.0023/348994.1 CMC -� $-
23.3 Within five (5) working days after notification from the Public Employment
Relations Board that the fact-finding request is approved, (i) each party shall select a person to
serve as its member of the fact-finding panel and notify the Public Employment Relations Board
of its selection; and (ii) the Public Employment Relations Board shall provide the names of
seven persons that may serve as chairperson, and will designate one of the seven as the
chairperson of the fact-finding panel. Within five (5) working days after a chairperson is
selected, the parties may mutually agree upon another person to serve as chairperson in lieu of
the person selected by the Board. If permitted by PERB, the parties shall then select the
chairperson by utilizing a strike procedure whereby each side strikes a member of a list
provided by PERB until one is selected. The strike procedure will be initiated by a coin toss by
a member of the City witnessed by the employee organization. Otherwise, PERB shall select
the chairperson. The costs for the services of the chairperson, including per diem fees, if any,
and actual and necessary travel and subsistence expenses, shall be divided equally between
the parties. Any other mutually incurred costs shall be divided equally between the parties. Any
separately incurred costs for the panel member selected by each party shall be borne by that
party.
23.4 Within ten (10) days of its appointment, the fact-finding panel shall meet with the
parties or their representatives, either jointly or separately, and may make inquiries and
investigations, hold hearings, and take any other steps it deems appropriate, including issuance
of subpoenas requiring attendance and testimony and production of evidence.
23.5 Within thirty (30) days of its appointment, or upon agreement by the parties for a
longer period, and if the dispute is not settled by the parties within said time period, the fact-
finding panel shall make findings of fact and recommend terms of settlement, which shall be
advisory only. In making its findings and recommendations, the fact-finding panel shall consider
the following criteria:
23.5.1 State and federal laws that are applicable to the City;
23.5.2 Local rules, regulations, or ordinances;
23.5.3 Stipulations of the parties;
23.5.4 The interests and welfare of the public and the financial ability of the
City;
23.5.5 Comparison of the wages, hours, and conditions of employment to
employees performing similar services in comparable public agencies;
23.5.6 The consumer price index for goods and services, commonly known as
the cost of living;
23.5.7 The overall compensation presently received by the employees,
including direct wage compensation, vacations, holidays, and other excused time,
insurance and pensions. medical and hospitalization benefits, the continuitv and stabilitv
Cf employment and all ether benefits received;
and
23.5.8 Any other facts which are normally or traditionally taken into
consideration in making the findings and recommendations.
01181.0023/348994.1 CMC -� 9-
23.6 The fact-finding panel shall submit its findings and recommendations in writing to
the parties prior to making them available to the public for the purpose of resolving the impasse.
The City shall make the findings and recommendations available to the public within ten (10)
calendar days after its receipt. If the Impasse has not been resolved within ten (10) calendar
Jays after the City's receipt of the fact-finding panel findings and recommendations, then the
Impasse shall be sent to the City Council, which shall then hold a public hearing on the Impasse
and take such action regarding the Impasse as it, in its discretion, deems appropriate as in the
public interest, including but not limited to unilaterally implementing its last, best, and final offer,
but shall not implement a Memorandum of Understanding. Any legislative action by the City
Council on the Impasse shall be final and binding, including but not limited to unilaterally
implementing its last, best, and final offer.
The City may adopt such rules, regulations and/or procedures necessary or convenient
to implement the provisions of this Resolution and of the MMBA after consultation with affected
Recognized Employee Organizations. Nothing in this Resolution shall be construed to deny any
person or employee any rights granted by Federal or State laws. The rights, powers, and
authority of the City in all matters, including the right to maintain any legal actions, shall not be
modified or restricted by this Resolution.
Nothing in this Resolution shall be construed as making the provisions of California
Labor Code Section 923 applicable to City employees or employee organizations, or of giving
employees or employee organizations the right to participate in, support, cooperate or
encourage, directly or indirectly, any strike during the term of a Memorandum of Understanding,
or participate in a sickout or other partial stoppage or slowdown of work. In consideration of and
as a condition of initial and continued employment by the City, employees recognize that any
such actions by them are in violation of their conditions of employment except as expressly
otherwise provided by legally preemptive state or contrary local law. In the event employees
engage in such actions, they shall subject themselves to discipline up to and including
termination, and may be replaced, to the extent such actions are not prohibited by preemptive
law; and employee organizations may thereby forfeit rights accorded them under City law or
contract.
Section 26. Severability
If any provision or portion thereof contained in this Resolution, or the application thereof,
to any person or circumstances is held to be unconstitutional, invalid, or unenforceable, the
remainder of this Resolution and the application of such provision, or portion thereof, to other
persons or circumstances, shall be deemed severable, shall not be affected, and shall remain in
full force and effect.
Sec
4enn 2?, N^#iia
Wherever written notice to either party is required by this Resolution, it shall be given by
email and if to the City at 595 Harbor Street, Morro Bay, California 93442, and to any employee
organization at its last address furnished in writing to the City, by first class registered or
01181.0023/348994.1 CMC -20-
certified mail, postage prepaid and shall be deemed to have been received on the third day
immediately following the day it was mailed (excluding Saturdays, Sundays and holidays on
which the offices of the City are closed). Service of notice by mail at the sender's option, may
be given by hand delivery.
PASSED AND ADOPTED by Y Council of the City of Morro Bay at a regular
meeting thereof held on the 14th day of March, 2017,
AYES:
NOES:
ABSENT:
ABSTAIN
Irons, Davis, Headding, Makowetski, McPherson
None
None
None
ATTEST:
kA^S OK)
SWANSON, City Clerk
01181.0023/348994.1 CMC -2 � -