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HomeMy WebLinkAbout1973 Ordinance No. 002I I I .... ~ u • Mr.£ • camczU811 arimzm. -~ CIU>nrua .,. ! , sans or lWJ • caona-=r 1m1trm nn. v, •cama aa•icr, or nm ''' • .•.c. ar ADDZNG A .., cBAna rBDa'O, ar.nzD •mllJlt ,_. .,.,... D£1t'Jmr, mPm JO,.·~ IUOBn or .. LOras 2'0 OlfGANIU l'OR 1111r ;wcw or , . , · · . . • • , m1wr&1rzc. or APNOPJU'An .,,rma ~Af'IOll U11I'n1 caanrzanar MID -iiittP~ PlftJCllWIUIS1 llURillGS1 IllPASSa, GlUltVAllCa AND PROC•OORAL RIGB!'S MD ~I MID W'£UJ'IU All .....er. lfa.e title V td tlJe ''' •.•.c. 1• l»rebg • nJded b!I IUJtlJng • ,.,, Cbllpter to be Cbllpter lO, entitled •...,1.aal 8111Jo,.. ..i.t1w", eo read u Loll01M1 -..T-"- 5-10-l 5-10-2 5-lO-J 5-Jo-4 5-10-5 5-Jo-a 5-J0-7 5-Jo-e 5-JO-t 5-JO-JO J-JO-ll 5-JO-U J-JO-JJ 5-10-14 5-JO-l 5-J0-2 lm'DJrltaa CBAPnR lO ..aU#DOD .,,rma aurzars -~ DeL1n1t.1aa. -..Zo,.. IUgbU C1t11 IUgbU -..z~ ..,.._mt41t1on Un1u -Cert1Lic•tion -Determtnation Certll1mt.1oa -Procedure Det:ertJLJe11tJon -Procedure ~-•nt -aar r1l1ng #at.Jee ..t B..rbrp on PetJtJon. Cert1L1e11t1on rollow1ng •leatJoa Ob.11g•t1on to ... t lllllf COIJLer -•~..tam oL Under•tanding 1-•W -Charter ProvJ•1on Gr1evances GrJevances -Gwr•l Jn Cblll'aater ..__... .. .i IUgbU lllllf Obl1g•t1aa. fta9 DeL1n1t.1oaa u ued 1n W• Cbllpter •ball be tbcM• DeLJn1tJon. adopted by Section 131:2, k'ticle 1lV ol ti» CJtfl Charter. -1av••• ol ti» CJt11 U&ll MN tlJe rJgbt to Lont, joJn lllllf putJcJpate Jn the act1v1t1es ol -.,l~ orgraaJutJaa. oL theJr own ahoo91ng Lor the IJIUr,_,.• of repre•entat1on on all matters ol -.,lo,.. nl41t.1aa.. -..iav••• td tlJe C1tv •l.o •ball bllve the r1ght to refu•• to join or participate in any .:tJrit.1• td -.,lo,.. o.1V41111ut1aa. ..t •ball mn the rJgbt to reJ)Z'•ent themmelv• 1ntl1vidually Ja tbe1r -.,Jq rot nl•tJw wJtb tlJe CJtfl. llo -.,l~ ~l be Jnterfered wJth, Jntbdd•ted, re•traJned, coerced, or d1•crim1nated • .,.,twt .._._ td tlJe e11era1 .. oL e,_. r1gbU. 5-10-J CDT UUllU 5-J0-4 Zt u ti» emluJn rJgllt of the CJt11 to cfetent.1ne the ll1••1on of each of 1t• const1tuent cfejllU1:8mU, boud9 ..t a= '••Jw, c:mwutmt wJth the J)Z'OVJ•Jon. of th1• Art1cle, and to set ~ oL ..rrioe eo be oLLered to tlJe IJIUJalJc, lllllf mtercJ•e control and di.cretJon over its o.1V41111ut1on lllllf o,.rat1aa.. Zt J• .i.o tlJe emluJn r1gbt ol tlJe CJt11 to cfJreat Ju employ ... , take d1•c1pl1nary .:t1on Lor llft',_r e11 ... , nJJ..,. Ju .-,>lavee-fro. cfut11 bea•u• of lack of work or for other legjtimte rM8D118, lllllf cfetandne the met:bod•, _ _., lllllf ,,.r.annel b!I 11h1ch the C1ty'• operations aw to be QJildaatac'1 llftW1cled, bolM.w, tbllt the ctercJ•• of nah r1ghu doe• not J)Z'eclude ellJ)loyees or tba1r ~t1.,.. Lrtm coaLerrl.ng or nJ.•Jng grJev..,.. &boat the J)Z'actical con.equmce• that dea1•1w on tb••• •teer. -11 MN on•.-, boun, lllllf other t_... .m cond1tion. o~ -.1o~t. t•J • ,,.tJtJoa Lor certHJmtJoa of u .-,>lo,• ozvuJutJon u the •jor1ty repr••entat1ve of u .,...OJll'Ute ...,i~ re,...._e.t1ca un1t, or Lor the det~t.1on of an approJ)Z'Jate ziJav-npr•mtatJon un1t (bareJn .c••t'-called a Pet1tJon for CertJfJcatJon or for UnJt Cert.1L1CNlt1oaJ •II be f1led b!I u mpl09N orguJutJon. -2 - (b) Such a petition aay also be filed by the Director or Peronnel in the event that two or more eaployee organizations toraally claim to represent a major- ity ot the eaployees in the same or overlapping employee representation units. (c) In the deteraination or appropriate eaployee representation units, the follow- in1 tactors, among others, shall be considered by the Commission: (1) The unit that will assure employees the fullest freedom in the exercise of rights granted pursuant to the Charter and this Title. (2 ) The co .. unity ot interest or the employees. (3) The history of eaployee relations in the unit, among other eaployees of the City, and in similar public employment. (4) The ettect ot the unit in the efficient operation of the public service and sound eaployee relations. (') The ettect on the existing classification structure or dividing a aincle classitiction among two or more units. (d) The Coaaission shall conduct a hearing on each contested employee represen- tation unit only atter first giving the employee organization concerned and the Director ot Personnel reasonable notice of the time and place or such bearinc. The co .. ission aay require the parties concerned to submit such additional lntoraation and material as it determines proper and necessary. The Coaaisaion shall aake the decision on the appropriate unit and issue the notice thereon. (e) Aareeaent ot the parties involved on the scope of any employee representation unit ia aubJect1 to the Coaaission!s concurrence that such unit is appropriate. (t) The Coaaisaion deteraination on any such dispute shall be final. '-10-' CERTIFICATIOI -PROCEDURE Procedure tor unit deteraination or certification shall be as follows: (a) All petitions tor certification or unit determination shall be in writing on toras provided by the Coaaission, shall be signed by a duly authorized representative or individual, and shall contain a declaration by the person si1ninc that its contents are true and correct to the best or his knowledge and belier. The ori1inal and two copies of said petition shall be filed with the Coaaission. (b) Content• -A petition tor eertification or for unit determination shall contain: (1) The naae, address and telephone nuaber or the petitioner and or a desi1nated representative authorised to receive notices or requests tor intoraation. (2) The naae and address of the City Department or Departments in which the attected eaployeea are eaployed, and the name, address and telephone nuaber of a management representative of said department or departaents. (3) A description of the eaployee representation unit claimed to be appropriate, the eatiaated nuaber or employees in such unit, the claaaification(s) or eaployees therein, and the estimated number of eaployees in eacn classification. It all positions in any classifi- cation are not proposed to be included in the unit, lists or descrip- tions of the positions to be included and excluded shall be set forth. (4) The n .. es, addresses and telephone number or employee organizations other than the petitioner it petitioner is an employee organization, who to petitioner'• beat knowledge and belief claim to represent any ot the eaployeea in the allegedly appropriate unit, and a brief des- cription it known ot the written agreements, if any, covering any .. ployeea in aucb unit. (') An7 other relevant tacts. (6) A atateaent or the action sought from the Commission. '-10-6 DECERTIFICATION -PROCEDURE (a) A petition tor decertification alleging that a certified employee organiza- ,I- tion no loncer represents the maJority or the employees in an appropriate 1 . · eaployee representation unit may be tiled by an employee organization, a l aincle eaployee, or a group of employees or their representative. The ] petition tor decertification shall be in writing and signed, and shall contain a declaration by the person signing it that its contents are true ~ and correct to the beat or bis knowledge and belier. The original and two · copies shall be tiled with the Coaalaslon. 11 II w 'I -3 - (b) Tb• petition tor deoertitioation aball contain: . (1) The naae, address, and telephone number ot the petitioner and a deai1nated representative authorized to receive notice• or requests tor intoraation. (2) The naae and address ot the certified eaployee or1anization. (3) The naae ot the City Departaenta involved. (4) A description or the eaployee representation unit involved and the approzlaate nuaber ot eaployeea therein. (') Th• naae, addreaa, and telephone nuaber or any employee or1anisation, other than the oertitied employee organization, who to petitioner'• beat knowled1e and belier claims to represent any eaplo7eea in the eaployee representation unit. (6) The ezpiration date or any written agreement covering employees in the unit. (7) An alle1atlon or stateaent that the certified employee organization no lonaer la the aaJority representative or the employees in such unit. (8) An7 other relevant tacts • (c} Within tive days atter the tiling ot a petition tor decertification, the petitioner shall aubait to the Coamiasion evidence and information that at leaat JOS ot the eaployeea in the unit do not desire to be represented in t heir eaployeaant relations by the certified employee organization. If such evidence and intoraation ia not tlaely aubaltted, the Commission may dismiss t he petition. A petition tor decertification ma7 be accompanied by a peti- tion tor certitication. '-10-7 AGllBDIENT -BAil FILING A valid written a1reeaent between the City and a certified employee organiza- tion, coverins wa1ea, hours and other terms and conditions of employment of employees in an appropriate eaployee representation unit shall bar the filing~ or a petition tor certification or a petition tor decertification or a majority representative tor such unit duriDI the tera or such written agreement, not exceeding two years except aa provided herein. '-10-8 NOTICE AJID BEARINGS ON PETITIONS (a) Upon the t111DC ot a petition tor certification or tor unit determination, or a petition tor decertification, the Commission shall forward copies thereot to the Director ot Personnel and other affected management represen- ta tivea and each ot the eaployer organizations that appear to be interested in the unit tor which the petition is tiled. (b) It the Coaaiaaion deteraines that the petition -is sufficient as to form and content, it aay aet the matter tor public hearing at its regular meeting. It a public hearinc ia ordered, the co .. isaion shall give interested parties at leaat ten days prior written notice or the time and place or said hearing. (c) The co .. iaaion aa7 conduct a pre-hearin1 conference with interested parties prior to a hearin1 tor the purpose or clarifying issues, obtaining stipula~ tiona, and takin1 other actions to ezpedite the hearing. (4) Bearin1• ahall be liaited to aattera noticed tor hearing which relate to repreaentation, includin1 deteraination ot an appropriate employee represen- t ation unit, the certification or decertification or a majority representative, t he holdina or an election or other means or ascertaining representation. (•) In appropriate oases the Coaalasion aay consolidate tor hearing two or more · repreaentation proceedin1a. (t) The Coaaiaaion shall proceed to deteraine all issues or matters in dispute, includin1, but not llalted to, the scope or the appropriate employee represen- tation unit or units, whether to direct a secret ballot election, dismiss the petition or take other appropriate action. (1) It the Coaaisalon orders an election to be held, it shall also determine the parties to appear on the ballot, the tora or the ballot, the employees eligible to vote, the rules governing the election, and the date, time and place of the election. Election shall be held within thirty calendar days of such order, provided that the time tor an election may be extended ~y the Commission for 1ood cause shown. (h} The co .. isaion,aay, but need not, re-hear or reconsider any disputed matter it a written request thertor is tiled within seven business days of the date the Coaaisaion's decision is issued. (i) The Coaaiaslon may deteraine maJority representation status on the basis of an authorised card check or similar basis; but City management or any employee or1anization party to a representation proceeding shall be entitled as a matter ot r11ht to a secret .. ballot election upon written request therefor. (J) In the event all parties agree to a card check or a similar method or ascertain- 1DC aaJority representation status, the Commission may use that method to deteraine the wishes or the employees. -4 - (k) Upon coapletion or its investigation, the Commission shall make a deteraination or the appropriate employee representation unit, and it appropriate, shall certify the name ot the employee organization, it any, that has been des11nated as their representative by a majority ot the eaployees in the appropriate employee representation unit. '-10-9 CERTIFICATION FOLLOWING ILICTION Notwithstandin1 any other provision hereof, an employee organization shall only be eli11ble tor certification following an election if either: (1) That eaployee or1anisation bas received the vote of a numerical aaJority ot all the elilible employees in the employee represen- tation unit in which the election was held (i.e., 50S plus one ot the votes ot all elilible eaployees), or (2) Whenever at least sixty percent ot the total number of eligible eaployees in the unit have voted in any election or run-off election, an employee or1anisation aay be eligible for certifi- cation it it has received a nuaerical maJority of all votes cast in the election (i.e., 'OI ot the votes cast plus one.). (For exaaple: It 100 eaployeea are eligible to vote in an election, but only '9 actually vote, an employee organization •• , . . ... aust obtain 51 votes tor certification. It 90 employees vbote, an eaployee or1anisation auat receive at least 46 votes to be certified.) . . . . . 2-10-10 OBLIOATIOJI TO llllT AND CONFER -lllllORANDUll or UNDERSTANDING (a) Oblication to aeet and confer in cood faith -The City Manager or other repreaentatlYe as aay be properly desl1nated by him, shall meet and confer in 1ood faith re1ardiD1 wases, hours and other terms and conditions of eaplo79ent with representatives or such certified employee organization aa hereinabovecletiaed and shall consider fully such proposals as are made by the eaployee or1anisations on behalf ot its members prior to arriving at a deteraination or policy or course or action. •Meet and Conter in Good Faith• means that the City Manager, or such repreaentative as he aay desi1nate, and representatives of certified eaployee or1anizationa, shall have the mutual obligation to personally aeet and confer within a reasonable len1th of time in order to exchange treely intoraation, opinions and proposals. The obli1ation to aeet and confer in 1ood faith shall commence on or I prior to llay 1,, 1973, and on the saae date in subsequent years unless said date ia chan1ed pursuant to the terms of the Memorandum of Understanding. i, (b) lleaorandua ot Underatandinla-It a1reeaent is reached by representative · of the office. of the city na1er and certified employee organization or or1anisationa, they shall Jointly prepare a written Memorandum of Understanding. Said lleaorandua or Understanding constitutes a mutual recommendation to be Jointly aubaitted to the City Council on or before July 1, 1973 and on July 1 ot the anniversary date or said Memorandum of Understanding, or at a later date in the event ne1otiations are reopened. (c) The Meaorandua ot Understandin1 shall not be binding upon the parties, either in whole or in part, until a maJority of the members of the certified eaployee or1anizations shall have ratified said Memorandum by majority vote, and until the City Council shall: (1) Act by aaJority vote to formally approve said Memorandum ot Understanding. (2) Enacts necessary amendments to all City Ordinances required to iapleaent said Memorandum of Understanding by general le1islation. (3) Act to appropriate necessary funds required to implement the rull provisions or the Memorandum or Understanding which requires tundin1. (d) Subsequent to the execution of the Memorandum of Understanding and during the period ot time said Memorandum ot Understanding is pending before the City Council tor action, neither the reco1nized employee organization or their individual aeabers, nor aana1ement shall appear before the City Council or aeet with members thereof individually,: to advocate any amendment, addition, or deletion to the terms and conditiosn of the Memorandum of Understanding. '-10-11 DIPASSIS -CHARTER PROVISION (a) Purfose -The purpose of the grievance procedure is to provide a just and equ table aethod tor the resolution of grievances without discrimination, coercion, restraint or reprisal against any employee who may submit or be. involved in a grievance. Employees may be represented by parties of their choice at any stage of the grievance procedure. I I 'I I -' - (b) Detinition - (1) •Grievance• aeans a coaplalnt by an eaployee concerning the inter- pretation or application ot the provisions ot the Memorandum of Underatandlnc or ot rules and regulations convering personnel practice or workln1 conditions, which coaplaint has not been resolved aatlstactorlly in an lntoraal aanner between the employee and hi• 1 .. ediate supervisor. (2) •euaineaa Day• aeana calendar days exclusive of Saturdays, Sundays, and le1al holidays. (c) Reaponaibility - (1) An -ployee auperrlaor. di8CU88 the tlae. la encoura1ed to dlacuaa bla coaplalnt with his immediate The laaedlate supervisor will, upon request of an employee, eaployee 1 a coaplalnt with hla at a mutually satisfactory (2) Departaent Heads shall have the responsibility to: (a) attempt to resolve the 1rievanceJ (b) intora an employee of any limitation ot the Departaent'• authority to tully resolve the grievances· and (c) auppl7 the eaployee with the necessary information to process his 1rievance to the proper a1ency or authority. (4) Procedure - (1) Within thirty calendar days troa the occurrence of the matter on which a coaplaint la baaed, or within tive business days from his knowledge ot such occurrence, and dlacuaalon, an eaployee nay file a formal written 1rievance. Five copies ot the departaental 1rievance form shall be coapleted by the eaployee atatln1 the nature ot the grievance and the reaedy be requests troa bia departaental aanagement. The employee shall aubalt two copies to his laaedlate supervisor, one to the Personnel Director, one to eaployee or1anlzatlon and retain the fifth copy. (2) Within tlve bualneaa da7a the laaediate supervisor shall give his decision in writln1 to the eaployee on the original copy of the 1rievance. (3) Within tive business days from his receipt of the supervisor's written decision and usin1 the returned ori1inal copy of the grievance form, the eaployee aay appeal to bis Departaent Head. (4) Within ten business days trom the receipt ot the employee's grievance, the Departaent Head or his desi1nated representative who has not been involved with the ·1rievance in prior levels, shall make a thorough review ot the grievance, meet with the parties involved and give a written decision to the employee. It the Department Head or his desi1nated representative fail to give a decision at the level within the specified time limit, the formal 1rievance will be considered settled in favor of the employee in the aanner in which the employee stated his desired settlement in his written 1rievance. (') Within ten business days trom receipt or the Department Head's decision the eaployee aay appeal the decision to the City Manager. The City llana1er shall render a written decision within five calendar da7a troa receipt ot eaployee's 1rievance. The employee may within twenty days appeal the Mana1er's decision to the Career Service Coaaisalon whose determination thereon shall be final. '-10-13 GRIEVAJICBS -GBMBRAL IH CHARACTER In order to provide an ettective mechanism whereby disagremeent between certified eaployee organizations and managemetn concerning the inte~pretation or application ot any ot the provisions ot the Memorandum ot Understanding affecting the ri1hta of the parties or the working conditions or a significantly large nuaber ot eaployeea in the unit aay be effectively resolved, the following procedure• shall be followed: (a) Where the recosnlsed eaployee organization has reason to believe that aana1eaent ia not c rrectly interpreting or applying any of the provisions of the Meaorandua ot Understanding said employee organization may request in writins that a aeetin1 be held with the Department Head to make effective recoaaendatipna tor the resolution of the matter with copies of the Director of Peraonnel. Such written request shall set forth in detail the tacts 1ivin1 rise to the request tor the meeting and shall set torth proposed reco .. endations aousht. Within ten bualneaa days of receipt or the request for such meeting the partie• will aeet tor the purpose or discussing and attempting· to resolve the a1reeaenta. (b) Within tive business days ot such meeting and in the event the matter is not aatiatactorily resolved the eaployee organization shall have the right to meet with the principal representatives ot the City who have authority to resolve the aatter. For the purpose ot tbla provision the management's principal repreaentative shall aean the City Manager or his authorized representative includlDC the Director or Personnel. (c) Within ten buaineaa days atter the meetin1 provided in (b) above, if the aatter i• not aatlatactorily resolved, said grievance shall be submitted to the Board ot Career Service Co .. lasloners whose decision thereon shall be tlnal. -6 - (d) Thia Section is not intended as a substitute or alternate for the 1rieY&nCe procedure set rorth in '-10-12 1 but is intended to provide a procedure to resolve disa1reeaents affecting the rights of the parties or disa1reeaents arisin1 troa the application or the terms of the Meaorandua or Understanding arrectin1 a signiricantly large number of eaplo7ees in the unit, as distin1uished from the rights of individual eaplo7ees. '-10-14 PROCEDURAL RIGHTS AHD OBLIGATIONS SubJect to appeal to the Co .. ission, the City Manager shall have the ri1ht to proaul1ate rules and re1ulations 1overning the activity of certified eaplo7ee or1anisationa on Cit7 property, including procedures for conferring with aana1eaent, use ot bulletin boards and other City facilities, and the solicitation ot aeaberahip. Section 2. Ina .. uch as it is essential to lapleaent the provisions of the Charter Amendment heretofore passed pursuant to its teraa, City Council hereby finds and determines that an eaer1enc7 exiete and that the enactaent ot the tore1oin1 Ordinance is necessary tor the i .. edia te preaerYation ot public health, peace, safety and good order, therefore this Ordinance shall becoae ettective upon publication following final passage. Introduced, read in full and passed on tirst reading on the 5th Pebruar7, 1973. --- day of Published as a Bill for an Ordinance on the 8th day of February, 1973 • ......... Read b7 title and passed on final readin1 on the 20th day or February, 197J. Published bJ title as Ordinance Ho. 2 , Series or 197J, on the 22nd day or Februar1, 1973. ........ .12.~ ~ _./..-Q ... ~~ ...... .._. Mayor -------- ATTEST: I, larl r. Nollenber1er, do hereby certify that the above and foregoing is a true, accurate and coaplete copy or the Ordinance, passed on final reading and published b7 title as Ordinance No. 2 , Series ot 1973. 0n1~ ex or?ICTo City Ulir~ I.