Chapter 2.52
PUBLIC EMPLOYEE ORGANIZATIONS
Sections:
2.52.010 Purpose.
2.52.020 Definitions.
2.52.030 Interpretation.
2.52.040 Recognition petition—Filing.
2.52.050 Recognition petition—Town response.
2.52.060 Recognition petition—Filing period for challenging petition.
2.52.070 Election procedure.
2.52.080 Decertification petition—Procedure.
2.52.090 Standards for determination of appropriate units.
2.52.100 Modification procedure.
2.52.110 Appeals.
2.52.120 Submission of current information required.
2.52.130 Payroll deductions.
2.52.140 Administrative rules and procedures.
2.52.150 Impasse procedures—Initiation.
2.52.160 Impasse procedures—Designated.
2.52.170 Impasse procedures—Costs.
2.52.010 Purpose.
A. This chapter implements Chapter 10, Division 4, Title 1 of the Government Code of the state (Sections 3500 et seq.) captioned “Local Public Employee Organizations,” by providing orderly procedures for the administration of employer-employee relations between the town and its employee organizations. However, nothing contained in this chapter shall be deemed to supersede the provisions of state law, town ordinances, resolutions and rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employer-employee relations. This chapter is intended, instead, to strengthen merit, civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the town.
B. It is the purpose of this chapter to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding matters that directly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law, however, nothing in this chapter shall be construed to restrict any legal or inherent exclusive town rights with respect to matters of general legislative or managerial policy, which include among others: the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; 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; determine the methods, means and personnel by which government operations are to be conducted; 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. (Ord. 377 § 1, 1980)
2.52.020 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A. “Appropriate unit” means a unit of employee classes or positions established pursuant to Sections 2.52.040 through 2.52.100 of this chapter.
B. “Confidential employee” means an employee, who, in the course of his or her duties, has access to information relating to the town’s administration of employer-employee relations.
C. “Consult/consultation in good faith” means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counter-proposals in an endeavor to reach agreement, nor is it subject to Sections 2.52.150 through 2.52.170 of this chapter.
D. “Day” means calendar day, unless expressly stated otherwise.
E. “Employee relations officer” means the city manager or his duly authorized representative.
F. “Impasse” means that the representative of the town and a recognized employee organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a memorandum or understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.
G. “Management employee” means an employee having responsibility for formulating, administering or managing the implementation of town policies or programs.
H. “Proof of employee support” means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed under this chapter, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support under this section shall be the authorization last signed by an employee. The words “recently signed” mean within forty-five days prior to the filing of a petition.
I. “Recognized employee organization” means an employee organization which has been formally acknowledged by the town as the employee organization that represents the employees in an appropriate representation unit pursuant to Sections 2.52.040 through 2.52.100 of this chapter.
J. “Supervisory employee” means any employee having authority, in the interest of the town, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
K. “Town” means the town of Atherton and, where appropriate in this chapter, refers to the city council or any duly authorized town representative as defined in this chapter. (Ord. 377 § 2, 1980)
2.52.030 Interpretation.
This chapter shall be administered and construed as follows:
A. Nothing in this chapter shall be construed to deny to any person, employee, organization, the town,or any authorized officer, body or other representative of the town, the rights, powers and authority granted by federal or state law.
B. This chapter shall be interpreted so as to carry out its purposes as set forth in Section 2.52.010.
C. Nothing in this chapter shall be construed as making the provisions of California Labor Code Section 923 applicable to town employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage directly or indirectly, any strike, sick-out or other total or partial stoppage or slowdown of work. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination and may be deemed to have abandoned their employment; and employee organizations may thereby forfeit all rights accorded them under this chapter and other town law for a period up to one year from commencement of such activity. (Ord. 377 § 13, 1980)
2.52.040 Recognition petition—Filing.
A. An employee organization that seeks to be formally acknowledged as the recognized employee organization representing the employees in an appropriate unit shall file a petition with the employee relations officer containing the following information and documentation:
1. Names and titles of its officers;
2. Names of employee organization representatives who are authorized to speak on behalf of the organization;
3. A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the town;
4. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and if so, the name and address of each such other organization;
5. Certified copies of the employee organization’s constitution and by-laws;
6. 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;
7. A statement that the employee organization has no restriction on membership based on race, color, creed, sex or natural origin;
8. The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein;
9. A statement that the employee organization has in its possession proof of employee support as defined in this chapter to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the town. Such written proof shall be submitted for confirmation to the employee relations officer or to a mutually agreed upon disinterested party;
10. A request that the employee relations officer formally acknowledge the petitioner as the recognized employee organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.
B. The petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. (Ord. 377 § 3, 1980)
2.52.050 Recognition petition—Town response.
A. Upon receipt of the petition, the employee relations officer shall determine whether:
1. There has been compliance with the requirements of the recognition petition; and
2. The proposed representation unit is an appropriate unit in accordance with Section 2.52.090 of this chapter.
B. If an affirmative determination is made by the employee relations officer on the foregoing two matters, he shall so inform the petitioning employee organizations, shall give written notice of such request for recognition to the employees in the unit and shall take no action on the request for thirty days thereafter. If either of the foregoing matters are not affirmatively determined, the employee relations officer shall offer to consult thereon with such petitioning employee organization, and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefor in writing. The petitioning employee organization may appeal such determination in accordance with Section 2.52.110 of this chapter. (Ord. 377 § 4, 1980)
2.52.060 Recognition petition—Filing period for challenging petition.
Within thirty days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty percent and otherwise in the same form and manner as set forth in Section 2.52.040 of this chapter. If such challenging petition seeks establishment of an overlapping unit, the employee relations officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the employee relations officer shall determine the appropriate unit or units in accordance with the standards in Section 2.52.090 of this chapter. The petitioning employee organizations shall have fifteen days from the date of such unit determination or to appeal such determination pursuant to Section 2.52.110 of this chapter. (Ord. 377 § 5, 1980)
2.52.070 Election procedure.
A. The employee relations officer shall arrange for a secret ballot election to be conducted by a party agreed to by the employee relations officer and the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of this chapter. All employee organizations who have duly submitted petitions which have been determined to be in conformance with Sections 2.52.040 through 2.52.100 of this chapter shall be included on the ballot. The choice of “no organization” shall also be included on the ballot. Employees entitled to vote in such election shall be those persons employed in regular, permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the town in the same unit on the date of the election. An employee organization shall be formally acknowledged as the recognized employee organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. If an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election.
B. There shall be no more than one valid election under this chapter pursuant to any petition in the twelve-month period affecting the same unit.
C. In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the American Arbitration Association.
D. Costs of conducting elections shall be borne in equal shares by the town and by each employee organization appearing on the ballot. (Ord. 377 § 6, 1980)
2.52.080 Decertification petition—Procedure.
A. A decertification petition alleging that the incumbent recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the employee relations officer only during the month of January of any year following the first full year of recognition or during the thirty-day period commencing one hundred eighty days prior to the termination date of a memorandum of understanding then having been in effect less than three years, whichever occurs later. A decertification petition may be filed by two or more employees or their representatives, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:
1. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information;
2. The name of the established appropriate unit and of the incumbent recognized employee organization sought to be decertified as the representative of that unit;
3. An allegation that the incumbent recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto;
4. Proof of employee support that at least thirty percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent recognized employee organization. Such proof shall be submitted for confirmation to the employee relations officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this section.
B. An employee organization may, in satisfaction of the decertification petition requirements under this section, file a petition under this section in the form of a recognition petition that evidences proof of employee support of at least thirty percent and otherwise conforms to the requirements of Section 2.52.040.
C. The employees relations officer shall initially determine whether the petition has been filed in compliance with the applicable provisions of this chapter. If his determination is in the negative, he shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization, and, if such determination thereafter remains unchanged, shall return such petition to the employees or employee organization with a statement of the reasons therefor in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 2.52.110 of this chapter. If the determination of the employee relations officer is in the affirmative, or if his negative determination is reversed on appeal, he shall give written notice of such decertification or recognition petition to the incumbent recognized employee organization and to unit employees.
D. The employee relations officer shall thereupon arrange for a secret ballot election to be held on or about fifteen days after such notice to determine the wishes of unit employees as to the question of decertification and, if a recognition petition was duly filed under this chapter, the question of representation. Such election shall be conducted in conformance with Section 2.52.070 of this chapter. (Ord. 377 § 7, 1980)
2.52.090 Standards for determination of appropriate units.
A. The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (a) the efficient operations of the town and its compatibility with the primary responsibility of the town and its employees to effectively and economically serve the public, and (b) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be:
1. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions;
2. History of representation in the town and similar employment; except, however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized;
3. Consistency with the organizational patterns of the town;
4. Number of employees and classifications, and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units;
5. Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classification among two or more units.
B. Notwithstanding the foregoing provisions of this section, management and confidential employees shall not be included in any unit; supervisory employees may be included in a unit consisting solely of supervisory employees; and professional employees shall not be denied the right to be represented in a separate unit from nonprofessional employees.
C. The employee relations officer shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this section. (Ord. 377 § 8, 1980)
2.52.100 Modification procedure.
A. Requests by employee organizations for modifications of established appropriate units may be considered by the employee relations officer only during the period specified in Section 2.52.080 of this chapter. Such requests shall be submitted in the form of a recognition petition, and, in addition to the requirements set forth in Section 2.52.040 of this chapter, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 2.52.090 of this chapter. The employee relations officer shall process such petitions as other recognition petitions under this chapter.
B. The employee relations officer may on his own motion propose during the period specified in Section 2.52.080 that an established unit be modified. The employee relations officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modifications(s), at which time all affected employee organizations shall be heard. Thereafter, the employee relations officer shall determine the composition of the appropriate unit or units in accordance with Section 2.52.090 of this chapter, and shall give written notice of such determination to the affected employee organizations. The employee relations officer’s determination may be appealed as provided in Section 2.52.110 of this chapter. If a unit is modified pursuant to the motion of the employee relations officer under this chapter, employee organizations may thereafter file recognition petitions seeking to become the recognized employee organization for such new appropriate unit or units pursuant to Section 2.52.040 of this chapter. (Ord. 377 § 9, 1980)
2.52.110 Appeals.
A. An employee organization aggrieved by an appropriate unit determination of the employee relations officer under this chapter may, within ten days of notice thereof, request the intervention of the California State Conciliation Service, pursuant to Government Code Sections 3507.1 and 3507.3, or may, in lieu thereof or thereafter, appeal such determination to the city council for final decision within fifteen days of notice of the employee relations officer’s determination or the termination of proceedings pursuant to Government Code Sections 3507.1 or 3507.3, whichever is later.
B. An employee organization aggrieved by a determination of the employee relations officer that a recognition petition, challenging petition or decertification of recognition petition, or employees aggrieved by a determination of the employee relations officer that a decertification petition, has not been filed in compliance with the applicable provisions of this chapter may, within fifteen days of notice of such determination, appeal the determination to the city council for final decision.
C. Appeals to the city council shall be filed in writing with the city clerk, and a copy thereof served on the employee relations officer. The city council shall commence to consider the matter within thirty days of the filing of the appeal. The city council may, in its discretion, refer the dispute to a third party hearing process. Any decision of the city council on the use of such procedure, and/or any decision of the city council determining the substance of the dispute shall be final and binding. (Ord. 377 § 10, 1980)
2.52.120 Submission of current information required.
All changes in the information filed with the town by a recognized employee organization under subsections A1 through A8 of Section 2.52.040 shall be submitted in writing to the employee relations officer within fourteen days of such change. (Ord. 377 § 11, 1980)
2.52.130 Payroll deductions.
Upon formal acknowledgement by the town of a recognized employee organization under this chapter, only such recognized employee organization may be provided payroll deductions of membership dues and insurance premiums for plans sponsored by such organization upon the written authorization of employees in the unit represented by recognized employee organization on forms provided therefor by the town. The providing of such service to the recognized employee organization by the town shall be contingent upon and in accordance with the provisions of memorandum of understanding and/or applicable administrative procedures. (Ord. 377 § 12, 1980)
2.52.140 Administrative rules and procedures.
The city manager is authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this chapter after consultation with affected employee organizations. (Ord. 377 § 13, 1980)
2.52.150 Impasse procedures—Initiation.
If the meet and confer process has reached impasse, as defined in this chapter, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled promptly by the employee relations officer. The purpose of such impasse meeting shall be:
A. To identify and specify in writing the issue or issues that remain in dispute;
B. To review the position of the parties in a final effort to resolve such disputed issue or issues; and
C. If the dispute is not resolved, to discuss arrangements for the utilization of the impasse procedures provided in this chapter. (Ord. 377 § 14, 1980)
2.52.160 Impasse procedures—Designated.
Impasse procedures are as follows:
A. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.
B. If the parties agreed to submit the impasse directly to the city council, or if the parties did not agree on mediation or the selection of a mediator and did not agree on fact-finding, or having so agreed, the impasse has not been resolved through such mediation and/or fact-finding, the city council shall take such action regarding the impasse as it, in its discretion, deems appropriate as in the public interest. Any legislative action by the city council on the impasse shall be final and binding. (Ord. 377 § 15, 1980)
2.52.170 Impasse procedures—Costs.
The costs for the services of a mediator and fact-finder or chairman of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the town and the recognized employee organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs shall be borne by such party. (Ord. 377 § 16, 1980)