HomeMy WebLinkAboutReso - CC - 033-1970A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME PROVIDING FOR EMPLOYER -EMPLOYEE RELATIONS
WHEREAS Chapter 10, Division4, Title 1 of the Government
Code of the State of California was amended effective January 1, 1969
for the purpose of promoting 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 after consultation in good faith with
representatives of its employee organizations for the administration
of employer -employee relations; and
WHEREAS the City of Burlingame desires to adopt such reason-
able rules and regulations as authorized by law:
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF Burlingame
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. TITLE OF RESOLUTION
This Resolution shall be known as the Employer -Employee
Relations Resolution of the City of Burlingame.
Section 2. STATEMENT OF PURPOSE
The purpose of this resolution is to implement Chapter 10,
Division 4, Title 1 of the Government Code of the State of California
(Sections 3500 et seq.) captioned "Public Employee Organizations,"
by providing orderly procedures for the administration of employer -
employee relations between the City and its employee organizations
and for resolving disputes regarding wages, hours, and other terms
and conditions of employment.,,
Section 3. DEFINITIONS
As used in this Resolution, the following terms shall have
the meanings indicated:
(A) APPROPRIATE UNIT --means a unit established pursuant to
Section 10 of this Resolution.
(B) CITY-- means the City of Burlingame, a municipal
corporation, and where appropriate herein, "City"
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RESOLUTION NO. 33 - 70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
PROVIDING FOR EMPLOYER -EMPLOYEE RELATIONS
OUTLINE OF CONTENTS
Page
SECTION
1.
TITLE OF RESOLUTION
1
SECTION
2.
STATE14ENT OF PURPOSE
1
SECTION
3.
DEFINITIONS
1
SECTION
4.
EMPLOYEE RIGHTS
5
SECTION
5.
CITY RIGHTS
5
SECTION
6.
PEET AND CONFER IN GOOD FAITH --SCOPE
5
SECTION
7.
CONSULTATION IN GOOD FAITH --SCOPE
6
SECTION
8.
ADVANCE NOTICE
6
SECTION
9.
PETITION FOR RECOGNITION
6
SECTION
10.
APPROPRIATE UNIT
9
SECTION
11.
RECOGNITION OF EMPLOYEE ORGANIZATION AS
MAJORITY REPRESENTATIVE -FORMAL RECOGNITION
10
SECTION
12.
DESIGNATION OF MUNICIPAL EMPLOYEE
RELATIONS OFFICER
11
SECTION
13.
RESOLUTION OF IMPASSES
11
SECTION
14.
GRIEVANCES
12
SECTION
15.
MEMORANDUM OF UNDERSTANDING
12
SECTION
16.
RULES AND REGULATIONS
12
SECTION
17.
CONSTRUCTION
13
SECTION
18.
SEPARABILITY
13
refers to the City Council, the governing body of
said City, or any duly authorized management employee
as herein defined.
(C) CONSULT OR CONSULTATION IN GOOD FAITH --means to communi-
cate orally or in writing for the purpose of present-
ing and obtaining views or advising of intended
actions.
(D) EMPLOYEE --means any person regularly employed by the
City except those persons elected by popular vote.
(E) EMPLOYEE, CONFIDENTIAL-- means an employee who is
privy to decisions of City management affecting
employer -employee relations.
(F) EMPLOYEE MANAGEMENT -- means any employee having
significant responsibilities for formulating and/or
administering City policies and program and includes
the City Manager, Department Heads and any other
employees who are so designated by the City Manager,
based upon the recommendation of the Department Head
or Department Heads concerned.
(G) EMPLOYEE, PROFESSIONAL --means employees engaged in
work requiring specialized knowledge and skills
attained through completion of a recognized course
of instruction, including, but not limited to.
attorneys, physicians, registered nurses, engineers,
architects, teachers, and various types of physical,
chemical, and biological scientists.
(H) EMPLOYEE ORGANIZATION --means any 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.
(I) EMPLOYER -EMPLOYEE RELATIONS --means the relationship
between the City and its employees and their employee
organization, or when used in a general sense, the
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relationship between City management and employees
or employee organizations.
(J) GRIEVANCE-- as this term is defined in Section 14 (A)
(K) IMPASSE --means (1) a deadlock in the annual (or
periodic) discussions between a majority representa-
tive and the City over any matters concerning which
they are required to meet and confer in good faith,
or over thescope of such subject matter; or (2) any
unresolved complaint by an affected employee organi-
zation, advanced in good faith, concerning a decision
of the Municipal Employee Relations Officer made
pursuant to Sections 9, 10, or 11 of this Resolution.
(L) MAJORITY REPRESENTATIVE-- means an employee organiza-
tion, or its duly appointed representative, which has
been granted formal recognition by the Municipal
Employee Relations Officer as representing the majority
of employees in an appropriate unit.
(M) MEDIATION OR CONCILIATION --means the efforts of an
impartial third person, or persons, functioning as
intermediaries, to assist the parties in reaching a
voluntary resolution to an impasse, through inter-
pretation, suggestion and advice. Mediation and con-
ciliation are interchangeable terms.
(N) MEET AND CONFER IN GOOD FAITH --sometimes referred to
herein as "meet and confer" or "meeting and confer-
ring") --means performance by duly authorized City
representatives and duly authorized representatives
of an employee organization recognized as the majority
representative of their mutual obligation to meet
at reasonable times and to confer in good faith regard-
ing matters within the scope of representation,
including wages, hours, and other terms and conditions
of employment, in an effort to: (1) reach agreement
min
on those matters within the authority of such
representatives and (2) reach agreement on what will
be recommended to the City Council on those matters
within the decision making authority of the City
Council. This does not require either party to agree
to a proposal or to make a concession.
(0) MUNICPAL EMPLOYEE RELATIONS OFFICER --means the City's
principal representative in all matters of employer -
employee relations designated pursuant to Section 12,
or his duly authorized representative.
(P) PEACE OFFICER --means as this term is defined in
Section 830, California Penal Code.
(Q) RECOGNIZED EMPLOYEE ORGANIZATIONS --means an employee
organization which has been acknowledged by the
Municipal Employee Relations Officer as an employee
organization which represents employees of the City.
The rights accompanying recognition are either:
(1) Formal Recognition - which is the right to meet
and confer in good faith as the majority repre-
sentative in an appropriate unit; or
(2) Informal Recognition - which is the right to
consultation in good faith by all recognized
employee organizations.
(R) RESOLUTION-- means, unless the context indicates
otherwise, the Employer -Employee Relations Resolution
of the City of Burlingame.
(S) 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. City Rights
(Section 5) are excluded from the scope of representa-
tion.
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Section 4. EMPLOYEE RIGHTS
Employees of the City shall have the right to form,join and
participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of employer -
employee relations including but not limited to wages, hours, and
other terms and conditions of employment. Employees of the City also
shall have the right to refuse to join or participate inthe activities
of employee organizations and shall have the right to represent them-
selves individually in their employment relations with the City. No
employee shall be interfered with, intimidated, restrained, coerced
or discriminated against by the City or by any employee organization
because of his exercise of these rights.
Section 5. CITY RIGHTS
The rights of the City include, but are not limited to, the
exclusive right to determine the mission of its constituent depart-
ments, commissions and boards; set standards of service; determine
the procedures and standards of selection for employment and pro-
motion; direct its employees; take disciplinary action; relieve its
employees from duty because of lack of work or for other legitimate
reasons; maintain the efficiency of governmental operations; deter-
mine the methods, means and personnel by which government operations
are to be conducted; determine the content of job classifications;
take all necessary actions to carry out its mission in emergencies;
and exercise complete control and discretion over its organization
and the technology of performing its work.
Section 6. MEET AND CONFER IN GOOD FAITH --SCOPE
(A). The City, through its representatives, shall meet
and confer in good faith with representatives of formally recognized
employee organizations with majority representation rights regarding
matters within the scope of representation including wages, hours and
other terms and conditions of employment within the appropriate unit.
(B). The City shall not be required to meet and confer in
good faith on any subject preempted by Federal or State law, nor
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shall it be required to meet and confer in good faith on Employee
or City Rights as defined in Sections 4 and 5. Proposed amendments
to this Resolution are excluded from the scope of meeting and
conferring.
Section 7. CONSULTATION IN GOOD FAITH --SCOPE
All matters affecting employer -employee relations, inclu-
ding those that are not subject to meeting and conferring, are sub-
ject to consultation. The City, through its representatives, shall
consult in good faith with representatives of all recognized employee
organizations on employer -employee relations matters which affect
them. Advance notice on matters subject to consultation, but out-
side the scope of representation, is desirable but not mandatory.
Section 8. ADVANCE NOTICE
Reasonable written notice shall be given to each recog-
nized employee organization affected of any ordinance, rule, reso-
lution or regulation directly relating to matters within the scope
of representation proposed to be adopted by the City Council or by
any board or commission of the City, and each shall be given the
opportunity to meet with such body prior to adoption.
In cases of emergency when the City or any board or
commission of the City determines that an ordinance, rule, resolu-
tion or regulation must be adopted immediately without prior notice
or meeting with a recognized employee organization, the City or the
board or commission of the City shall provide such notice and
opportunity to meet at the earliest practicable time following the
adoption of such ordinance, rule, resolution or regulation.
Section 9. PETITION FOR RECOGNITION
There are two levels of employee organization recognition -
formal and informal. The recognition requirements of each are set
forth below.
(A). FORMAL RECOGNITION --THE RIGHT TO 14EET AND CONFER
IN GOOD FAITH AS MAJORITY REPRESENTATIVE: An employee organization
that seeks formal recognition for purposes of meeting and conferring
in good faith as the majority representative of employees in an
appropriate unit shall file a petition with the Municipal Employee
Relations Officer containing the following information .and docu-
mentation:
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, 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 indi-
rectly 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. Certified copies of the employee organization's con-
stitution and by-laws.
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 recognizes
that the provisions of Section 923 of the Labor Code
are not applicable to City employees.
9. A statement that the employee organization has no
restriction on membership based on race, color, creed,
sex, or national origin.
10. The job classifications or titles of employees in
the unit claimed to be appropriate and the approximate
number of member employees therein.
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11. A statement that the employee organization has in its
possession written proof, dated within six months of
the date upon which the petition is filed, to establish
that 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 Municipal Employee Relations Officer or to a mutually
agreed upon disinterested third party.
12. A request that the Municipal Employee Relations Officer
recognize the employee organization as the majority
representative of the employees in the unit claimed to
be appropriate for the purpose of meeting and con-
ferring in good faith on all matters within the scope
of representation.
(B), INFORMAL RECOGNITION --THE RIGHT TO CONSULT IN GOOD
FAITH: An employee organization which seeks recognition for purposes
of consultation in good faith shall file a petition with the A,ni-
cipal Employee Relations Officer containing the following information
and documentation:
1. All of the information enumerated in (A) 1. through
9. of this Section inclusive.
2. A statement that the employee organization has in its
possession written proof, dated within six months of
the date upon which the petition is filed, to establish
that employees have designated the employee organiza-
tion to represent them in their employment relations
with the City. Such written proof shall be submitted
for confirmation to the Municipal Employee Relations
Officer or to a mutually agreed upon distinterested
third party.
3. A request that the Municipal Employee Relations
Officer recognize the employee organization for the
purpose of consultation in good faith.
(C). The petition, including all accompanying documents,
shall be verified, under oath, by the Executive Officer and
Secretary of the organization that the statements are true. All
changes in such information shall be filed forthwith in like manner.
(D) The Municipal Employee Relations Officer shall grant
recognition, in writing, to all employee organizations who have
complied with either Sections 9 (A) or (B) and, in addition, Section
9 (C) for purposes of consultation in good faith for its members.
Employee organizations seeking formal recognition as majority
representative must, in addition, establish to the satisfaction of
the Municipal Employee Relations Officer that it represents a
majority of the employees in the manner prescribed in Section 11
(A) below. No employee may be represented by more than one recog-
nized employee organization for the purposes of this Resolution.
Section 10. APPROPRIATE UNIT
(A). The Municipal Employee Relations Officer, after
reviewing the petition filed by an employee organization seeking
formal recognition as majority representative, shall determine
whether the proposed unit is an appropriate unit. The principal
criterion in making this determination is whether there is a
community of interest among such employees. The following factors,
among others, are to be considered in making such determination:
1. Which unit will assure employees the fullest free-
dom in the exercise of rights set forth under this
Resolution.
2. The history of employee relations: (i) in the unit;
(ii) among other employees of the City; and (iii)
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. The effect on the existing classification structure
of dividing a single classificiation among two or more
units.
Provided, however, no unit shall be established solely
on the basis of the extent to which employees in the proposed
unit have organized.
(B). In the establishment of appropriate units, (1)
professional employees shall not be denied the right to be repre-
sented separately from non-professional employees; and (2) manage-
ment 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.
Section 11. RECOGNITION OF EMPLOYEE ORGANIZATIONS AS MAJORITY
REPRESENTATIVE - FORMAL RECOGNITION
(A). The Municipal Employee Relations Officer shall:
1. Determine the majority representative of City
employees in an appropriate unit by arranging for a
secret ballot election 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 employee organization found
to represent a majority of the employees in an appro-
priate unit shall be granted formal recognition
and is the only employee organization entitled to
meet and confer in good faith on matters within
the scope of representation for employees in such
unit. This shall not preclude other recognized
employee organizations, or individual employees,
from consulting with management representatives on
employer -employee relations matters of concern to them.
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2. Revoke the recognition rights of a majority repre-
sentative which has been found by secret ballot
election no longer to be the majority representative.
(B). The recognition rights of the majority represent-
ative designated in accordance with this Section shall not be
subject to challenge for a period of not less than twelve months
following the date of such recognition.
Section 12. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER
The City Council shall designate, by Resolution, a
Municipal Employee Relations Officer who shall be the City's prin-
cipal 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.
Section 13. RESOLUTION OF IMPASSES
Impasse procedures may be invoked only after the possi-
bility of settlement by direct discussion has been exhausted.
The impasse procedures are as follows:
(A) MEDIATION (OR CONCILIATION) (Defined in Section 3-1\1)-
All mediation proceedings shall be private. The Mediator shall
make no public -recommendations nor take any public position con-
cerning the issues.
(B) A DETERMINATION BY THE CITY COUNCIL -- after a hearing
on the merits of the dispute.
(C) Any other dispute resolving procedures to which
the parties mutually agree or which the City Council may order.
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 may then be scheduled by
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the Municipal Employee Relations Officer forthwith after the date
of filing of the written request for such meeting, with written
notice to all parties affected. The purpose of such impasse meeting
is twofold: (1) To permit a review of the position of all parties
in a final effort to reach agreement on the disputed issues, and
(2) if agreement is not concluded, to mutually select the specific
impasse procedure to which the dispute may be submitted; in the
absence of agreement between the parties on this point, the matter
may be referred to the City Council.
The fees and expenses, if any, of mediators or of any
other impasse procedure, shall be payable one-half by the City and
one-half by the employee organization or employee organizations.
Section 14. GRIEVANCES
(A) A grievance is any dispute concerning the interpre-
tation or application of this Resolution, or of rules or regulations
governing personnel practices or working conditions, or of the
practical consequences of a City rights' decision on wages, hours
and other terms and conditions of employment.
(B) Grievances shall be processed in accordance with
procedures established by the City.
Section 15. MEMORANDUM OF UNDERSTANDING
When the meeting and conferring process is concluded
between the City and a formally recognized employee organization
representing a majority of the employees in an appropriate unit,
all agreed upon matters shall be incorporated in a written memor-
andum of understanding signed by the duly authorized City and
majority representatives.
As to those matters within the authority of the City
Council, the memorandum of understanding shall be submitted to
the City Council for determination.
Section 16. RULES AND REGULATIONS
The City Council may adopt such Rules and Regulations
necessary or convenient to implement the provisions of this Reso-
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lution.
Section 17. CONSTRUCTION
(A) N_thing in this Resolution shall be contrued to
deny any person or employee the rights granted by Federal and
State laws.
(B) The rights, powers and authority of the City Council
in all nietters, including the right to maintain any legal action,
shall not be modified or restricted by this Resolution.
(C) The provisions of the Resolution are not intended
to conflict with the provisions of Chapter 10, Division 4, Title 1
of the Government Code of the State of California (Sections 3500,
et seq.) as amended in 1968.
Section 18. SEPARABILITY
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.
Mayor lw
I, HERBERT K. WHITE, City Clerk of the City of Burlingame,
do hereby certify that the foregoing Resolution was introduced at
a regular meeting of the City Council held on the 20th day of
April , 1970, and adopted thereafter by the following vote:
AYES: Councilmen: Amstrup, Crosby, Johnson, Martin.
NOES: Councilmen: None.
Absent Councilmen: None.
Herbert K. White, City Clerk
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SUPPLEMENTAL RULES AND REGULATIONS TO IMPLEMENT
EMPLOYER -EMPLOYEE RELATIONS RESOLUTION
OUTLINE OF CONTENTS
Page
SECTION
1.
STATEMENT OF PURPOSE
14
SECTION
2.
DEFINITIONS
J&
SECTION
3.
RULE
1
- REPRESENTATION PROCEEDINGS
14
SECTION
4.
RULE
2
- DUES CHECK -OFF
17
SECTION
5.
RULE
3
- REASONABLE TIME OFF TO MEET AND CONFER
19
SECTION
6.
RULE
4
- ACCESS TO WORK LOCATIONS
19
SECTION
7.
RULE
5
- USE OF CITY FACILITIES
20
SECTION
8.
RULE
6
- USE OF BULLETIN BOARDS
20
SECTION
9.
RULE
7
- AVAILABILITY OF DATA
21
SECTION
10.
RULE
8
- PEACEFUL PERFORMANCE OF CITY SERVICES
22
Section 1. STATEMENT OF PURPOSE
The purpose of these Rules and Regulations is to imple-
ment the EMPLOYER -EMPLOYEE RELATIONS RESOLUTION OF THE CITY OF
BURLINGAME (hereinafter referred to as the'Resolution"), and also
Chapter 10, Division 4, Title 1 of the Government Code of the
State of California (Sections 3500 et seq.).
Section 2. DEFINITIONS
(A) The terms used in these Rules and Regulations, which
are defined in Section 3 of the Resolution, shall have the same
meaning as set forth therein.
(B) DAYS - means "calendar days" unless otherwise
stated.
Section 3. RULE 1 - REPRESENTATION PROCEEDINGS
(A) FORMAL RECOGNITION AS THE MAJORITY REPRESENTATIVE
IN AN APPROPRIATE UNIT
1. An employee organization that seeks formal recog-
nition as the majority representative in an appro-
priate unit shall file a Petition for Recognition
with the Municipal Employee Relations Officer con-
taining all of the information set forth in Section
9 (A) of the Resolution, accompanied by written
proof that more than 50% 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; provided,
however, the employee organization may request that
such written proof be submitted to a mutually agreed
upon disinterested third party. Upon receipt of
the Petition for Recognition, the Municipal Employee
Relations Officer shall determine whether:
(i) there has been compliance with the requirements
of the Petition for Recognition, and
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(ii) the proposed unit is an appropriate unit.
If an affirmative determination is made by the Muni-
cipal Employee Relations Officer on the foregoing
two matters, he shall give notice of such request
for formal recognition to the employees in the unit
and shall take no action on said request for 30 days
thereafter; if either of the foregoing matters are
not affirmatively determined, the Municipal Employee
Relations Officer shall inform the employee organi-
zation of the reasons therefor in writing.
2. Within 30 days of the date notice to employees is
given, any other employee organization (hereinafter
referred to as the "challenging organization") may
seek formal recognition in an overlapping unit by
filing a Petition for Recognition, provided, however,
such challenging organization must submit written
proof that it represents more than 50Q/ of the employees
in such unit.
The Municipal Employee Relations Officer shall hold
a hearing on such overlapping Petitions, at which
time all affected employee organizations shall be
heard. Thereafter, the Municipal Employee Relations
Officer shall determine the appropriate unit or
units as between such proposed overlapping units in
accordance with the criteria set forth in Section 10
of the Resolution.
(B) DECERTIFICATION OF ESTABLISHED UNIT
1. A Petition for Decertification alleging that an
employee organization granted formal recognition is
no longer the majority representative of the employees
in an appropriate unit may be filed with the Munici-
pal Employee Relations Officer. The Petition for
Decertification may be filed by an employee, a
group of employees or their representative, or an
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employee organization. The Petition, including all
accompanying documents, shall be verified, under oath,
by the person signing it, that its contents are true.
It may be accompanied by a Petition for Recognition
by a challenging organization. The Petition for
Decertification shall contain the following infor-
mation:
(i) The name, address and telephone number of the
petitioner and a designated representative
authorized to receive notices or requests for
further information.
(ii) The name of the formally recognized employee
organization.
(iii) An allegation that the formally recognized
employee organization no longer represents a
majority of the employees in the appropriate
unit, and any other relevant and material
facts.
(iv) Written proof that more than 50% of the employees
in the unit do not desire to be represented
by the formally recognized employee organization.
Such written proof shall be dated within six
months of the date upon which the petition is
filed and shall be submitted for confirmation
to the 1funicipal Employee Relations Officer.
2. If the written proof accompanying the Petition
establishes that more than 50% of the employees
in the unit do not desire to be represented by the
formally recognized employee organization, the
Municipal Employee Relations Officer shall cause a
Notice of Decertification to be served upon the
recognized representatives of the formally recognized
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employee organization. Such notice shall state
the effective date of decertification which shall
not be more than 30 calendar days after the date
of service.
(C) DURATION OF FORMAL RECOGNITION
When an employee organization has been formally recog-
nized, such recognition shall remain in effect for one year from the
date thereof and thereafter until such time as the Municipal Employee
Relations Officer shall determine in accordance with the foregoing
rules, that the formally recognized employee organization no longer
represents a majority of the employees in the appropriate unit.
(D) IMPASSES IN REPRESENTATION PROCEEDINGS
Any unresolved complaint by an affected employee organ-
ization, advanced in good faith, concerning a decision of the Muni-
cipal Employee Relations Officer made pursuant to Sub -Sections (A),
(B) or (C) above, shall be processed in accordance with the pro-
cedures set forth in Section 13 of the Resolution. Provided,
however, the written request for an impasse meeting, as described
in Section 13 of the Resolution, must be filed with the Municipal
Employee Relations Officer, or the City Clerk, within 7 days after
the affected employee organization first receives notice of the
decision upon which its complaint is based, or its complaint will
be considered closed and not subject to the impasse procedures
or to any other appeal.
Section 4. RULE 2 - DUES CHECK -OFF
Only a formally recognized employee organization (i.e.,
the majority representatives of employees in an appropriate unit)
may be granted permission by the municipal Employee Relations
Officer to have the regular dues of its members deducted from
their paychecks, in accordance with procedures prescribed by the
Municipal Employee Relations Officer. Provided, however, this
shall not preclude the continuation of dues check -off heretofore
granted to any employee organization.
ZIFJ:
Dues deduction shall be for a specified amount and shall
be made only upon the voluntary written authorization of the member.
Dues deduction authorization may be cancelled and the dues check-
off payroll discontinued at any time by the member upon voluntary
written notice to the Municipal Employee Relations Officer, Dues
deduction authorization or cancellation shall be made upon cards
provided by the Municipal Employee Relations Officer. Dues deduc-
tion may be continued only upon voluntary written authorization
of the member for a period of time not to exceed one year. Employee
payroll deduction authorizations shall be in uniform amounts for
dues deductions.
The employee's earnings must be regularly sufficient
after other legal and required deductions are made to cover the
amount of the dues check -off authorized. When a member in good
standing of the formally recognized employee organization is in a
nonpay status for the pay period when his dues would normally be
withheld, no dues withholding will be made to cover that withholding
from future earnings nor will the member deposit the amount with
the City which would have been withheld if the member had been in
a pay status during that period. In the case of an employee who
is in a nonpay status during only a part of the pay period and the
salary is not sufficient to cover the full withholding, no deduc-
Lion shall be made. In this connection, all other legal and required
deductions have priority over employee organization dues.
Dues withheld by the City shall be transmitted to the
officer designated in writing by the employee organization as
the person authorized to receive the funds, at the address specified.
All employee organizations who receive dues check -off
shall indemnify, defend, and hold the City of Burlingame harmless
against any claims made and against any suit instituted against
the City of Burlingame on account of check -off of employee organ-
ization dues. In addition, all such employee organizations shall
refund to the City of Burlingame any amounts paid to it in error
upon presentation of supporting evidence.
Section 5. RULE 3 - REASONABLE Tll1E OFF TO MEET AND CONFER
The formally recognized employee organization may select
not more than three employee members of such organization to
attend scheduled meetingswith the Municipal Employee Relations
Officer or other management officials on subjects within the
scope of representation during regular work hours without loss
of compensation, provided that such organization may designate
any other person, not to exceed one in number, in place of, and
not in addition to, the selected three members, to attend such
meetings. In addition, and where circumstances warrant, the
Municipal Employee Relations Officer may approve the attendance
at such meetings of additional employee representatives with
or without loss of compensation. The employee organization
shall, whenever practicable, submit the names of all such
employee representatives to the Municipal Employee Relations
Officer at least two working days in advance of such meetings.
Provided further:
1. that no employee representative shall leave his
or her work station or assignment without specific
approval of the department head or other authorized
City management official.
2. That any such meeting is subject to scheduling
by City management in a manner consistent with
operating needs and work schedules.
Nothing provided herein, however, shall limit or restrict
City management from scheduling such meetings before or after
regular duty or work hours under appropriate circumstances.
Section 6. RULE 4 - ACCESS TO WORK LOCATIONS
Reasonable access to employee work locations shall
be granted officers of recognized employee organizations and
their officially designated representatives, for the purpose
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of processing grievances or contacting members of the organ-
ization concerning business within the scope of representation.
Such officers or representatives shall not enter any work
location without the consent of the Department Head or the Muni-
cipal Employee Relations Officer. Access shall be restricted
so as not to interfere with the normal operations of the depart-
ment or with established safety or security requirements.
Solicitation of membership and activities concerned
with the internal management of an employee organization, such
as collecting dues, holding membership meetings, campaigning for
office, conducting elections and distributing literature, shall
not be conducted between the hours of 8:00 o'clock A.M. and
5:00 o'clock P.M.
Section 7. RULE 5 - USE OF CITY FACILITIES
Employee organizations may, with the prior approval
of the Municipal Employee Relations Officer, be granted the
use of City facilities during non -work hours for meetings of
City employees provided space is available, and provided further
such meetings are not used for organizational activities or
membership drives of City employees. All such requests shall be
in writing and shall state the purpose or purposes of the meeting.
The City reserves the right to assess reasonable charges for
the use of such facilities.
The use of City equipment other than items normally
used in the conduct of business meetings, such as desks, chairs,
ashtrays, and blackboards, is strictly prohibited, the presence
of such equipment in approved City facilities notwithstanding.
Section 8. RULE 6 - USE OF BULLETIN BOARDS
Recognized employee organizations may use portions
of City bulletin boards under the following conditions:
1. All materials must receive the approval of the
department or division head in charge of the depart-
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ment bulletin board.
2. All materials must be dated and must identify
the organization that published them.
3. The actual posting of materials will be done by
the City as soon as possible after they have been
approved. Unless special arrangements are made,
materials posted will be removed 31 days after
the publication date. iaterials which the depart-
ment head considers objectionable will not be
posted, provided, however, the department head
shall first discuss this denial with the chief
executive officer.
4. The City reserves the right to determine where
bulletin boards shall be placed and what portion
of them are to be allocated to employee organi-
zations' materials.
5. An employee organization that does not abide by
these rules will forfeit its right to have mater-
ials posted on City bulletin boards.
In the discretion of Department Heads, recognized
employee organizations may install and maintain until notified
otherwise a bulletin board of such size, at such Locations, of
such materials, and affixed in such a manner, as the Department
Head may direct.
Section 9. RULE 7 - AVAILABILITY OF DATA
The City will make available to employee organizations
such non -confidential information pertaining to employment
relations as is contained in the public records of the agency,
subject to the limitations and conditions set forth in this
rule and Government Code Sections 6250-6260.
Such information shall be made available during regular
office hours in accordance with the City's rules and procedures
for making public records available and after payment of reason-
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able costs, where applicable.
Information which shall be made available to employee
organizations includes regularly published data covering sub-
jects under discussion. Data collected on a promise to keep
its source confidential may be made available in statistical
summaries, but shall not be made available in such forms as to dis-
close source.
Nothing in this rule shall be construed to require
disclosure of records that are:
1. Personnel, medical and similar files, the dis-
closure of which would constitute an unwarranted
invasion of personal privacy or be contrary to
merit system principles;
2. Working papers or memoranda which are not
retained in the ordinary course of business or
any records where the public interest served by
not making the record available clearly outweighs
the public interest served by disclosure of the
record;
3. Records pertaining to pending litigations to
which the City is a party, or to claims or
appeals which have not been settled;
4. Nothing in this rule shall be construed as
requiring the City to do research for an inquirer
or to do programming or assemble data in a
manner other than usually done by the agency.
Section 10. RULE 8 - PEACEFUL PERFORMANCE OF CITY SERVICES
Participation by any employee in a strike or work
stoppage is unlawful and shall subject the employee to disciplin-
ary action, up to and including discharge.
No employee organization, its representatives, or
members shall engage in, cause, instigate, encourage, or con-
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done a strike or work stoppage of any kind.
If a recognized employee organization, its represent-
atives, or members shall engage in, cause, instigate, encourage,
or condone a strike or a work stoppage of any kind, in addition
to any other lawful remedies or disciplinary actions, the Muni-
cipal Employee Relations Officer may suspend or revoke the recog-
nition granted to such employee organization, may suspend or
cancel any or all payroll deductions payable to such organiza-
tion, and prohibit the use of bulletin boards, prohibit the use
of City facilities, and prohibit access to former work or duty
stations by such organization.
As used in this Section "strike or work stoppage"
means the concerted failure to report for duty, the willful
absence from one's position, the stoppage of work, or the absti-
nence in whole or in part from the full, faithful performance
of the duties of employment for the purpose of inducing, influ-
encing, or coercing a change in the conditions of compensation,
or the rights, privileges or obligations of employment.
Any decision of the Municipal Employee Relations
Officer made under the provisions of this Section may be appealed
to the City Council by filing a written Notice of Appeal with
the Municipal Employee Relations Officer or the City Clerk,
accompanied by a complete statement setting forth all of the
grounds upon which the appeal is based. Such Notice of
Appeal must be filed within 7 days after the affected employee
organization first receives notice of the decision upon which
its complaint is based, or its complaint will be considered
closed and not sbuject to any other appeal.
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