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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" -1- 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 -2- 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. -4- 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 -5- 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. -7- 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. -10- 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 -11- 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- -12- 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 -13- 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 -14- (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 -15- 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 -16- 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 -10- 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- -20- 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- -21- 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- -22- 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. -23-