HomeMy WebLinkAboutTC Res 2005-04-06 (3)
RESOLUTION NO. 14-2005
".....,
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON REPEALING EXISTING AND ADOPTING NEW PROCEDURES FOR THE
ADMINISTRATION OF EMPLOYER-EMPLOYEE RELATIONS
WHEREAS, Chapter 10, Division 4, Title 1, of the Government Code ofthe State of
California (the Meyers-Milias-Brown Act) provides for the promotion of 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 Town ofTiburon by its Resolution No. 2227 has adopted such reasonable
rules and regulations as authorized by law;
WHEREAS, the State Legislature has recently amended the Meyers-Milias-Brown Act,
through adoption of S.B. 739 which provides, among other things, for limited jurisdiction by the
California Public Employment Relations Board over local public agency employment relations;
"....., WHEREAS, in light of the provisions ofS.B. 739, the Town has reviewed and updated its
Employer Employee Resolution;
WHEREAS, the Town has met and consulted with representatives of Town employee
organizations concerning these procedures for the administration of employee employer relations.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON HEREBY
RESOL YES that Town ofTiburon Resolution No. 2227 providing procedures for the
administration of employer employee relations is hereby repealed;
BE IT FURTHER RESOL YED that new procedures for the administration of employer
employee relations are hereby adopted as follows:
Section 1.
Title of Resolution.
This resolution shall be know as Employer-Employee Relations Resolution of the Town of
Tiburon.
Section 2.
Statement ofPuroose.
".....,
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 Town and its employee organizations and for resolving disputes regarding
wages, hours and other terms and conditions or employment.
1
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 7 of this
resolution.
B. CONSULT OR CONSULTATION IN GOOD FAITH -- means to communicate orally
or in writing for the purpose of presenting and obtaining views or advising of intended
actions.
C. EMPLOYEE -- means any person regularly employed by, the Town except those
persons elected by popular vote.
D. EMPLOYEE, CONFIDENTIAL -- means an employee who is privy to decisions of
town management affecting employer-employee relations.
E. EMPLOYEE, MANAGERIAL -- means the Town Manager, Town Attorney and
Department Heads.
F. 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, engineers and architects.
r"
G. EMPLOYEE ORGANIZATION -- means any organization which includes employees
of the Town and which has as one ofits primary purposes representing such employees
in their employment relations with the Town.
H. EMPLOYER-EMPLOYEE RELATIONS -- means the relationship between the Town
and its employees and their employee organization, or when used in a general sense, the
relationship between Town management and employees or employee organizations.
I. GRIEVANCE -- means any dispute concerning the interpretation or application of this
resolution, or a memorandum of understanding or of rules and regulations governing
personnel practices or working conditions, or of the practical consequences ofa Town
rights' decision on wages, hours and other terms and conditions of employment.
J. IMPASSE -- means (i) failure after a reasonable effort and reasonable period of time to
reach agreement in the negotiations between the designated representatives of the Town
and representatives of recognized employee organizations over matters as to which they
are required to meet and confer in good faith; or (2) any unresolved complaint by an
affected employee organization concerning a decision of the Municipal Employee
Relations Officer regarding petitions for recognition, determination of appropriate units,
or recognition as majority representative.
".....,
K. MEDIATION OR CONCILIATION -- means the efforts ofan impartial third person, or
persons, functioning as intennediaries, to assist the parties in reaching a voluntary
2
resolution to an impasse, through interpretation, suggestion and advice. "Mediation" and
~ conciliation" are interchangeable terms.
L. MEET AND CONFER IN GOOD FAITH -- (sometimes referred to herein as "meet and
confer" or "meeting and conferring") -- means performance by duly authorized Town
representatives and duly authorized representatives of recognized employee
organizations of their mutual obligation to meet at reasonable times and to confer in
good firith regarding matters within the scope of representation, including wages, hours,
and other terms and conditions of employment, in an effort to: (1) reach agreement on
those matters within the authority of such representatives; and (2) reach agreement on
what will be recommended to the Town Council on those matters within the
decision-making authority of the Town Council. This does not require either party to
agree to a proposal or to make a concession.
M. MUNICIPAL EMPLOYEE RELATIONS OFFICER -- means the Town's principal
representative in all matters of employer-employee relations: the Town Manager or his
or her duly authorized representative.
N. NON-RECOGNIZED EMPLOYEE ORGANIZATIONS -- means an employee
organization which has not sought recognition as the majority representative in an
appropriate unit.
O. PEACE OFFICER -- means a "peace officer" as defined in Section 830.1 or successor
"....., provision of the California Penal Code.
P. RECOGNIZED EMPLOYEE ORGANIZATIONS -- means an employee organization
which has been certified as the majority representative in an appropriate unit by the
Municipal Employee Relations Officer as having the right to meet and confer in good
firith.
Q. RESOLUTION -- means, unless the context indicates otherwise, the
Employer-Employee Relations Resolution of the Town ofTiburon.
R. SCOPE OF REPRESENTATION -- means all matters relating to employment
conditions and employe -employee relations, including, but not limited to, wages, hours
and other terms and conditions of employment. Town rights (Section 5) are excluded
from the scope of representation.
S. TOWN -- means the Town ofTiburon, a municipal corporation, and where appropriate
herein, "Town" refers to the Town Council, the governing body of said Town, or any
duly authorized management employee as herein defined.
Section 4.
Emolovee Rilzhts.
".....,
Employees of the Town 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 Town shall also have the right to refuse to join or
3
participate in the activities of employee organizations and shall have the right to represent
"....., themselves individually in their employment relations with the Town. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against by the Town or by an
employee organization because of his or her exercise of these rights.
Section 5.
Town Rillhts.
To insure that the Town is able to carry out its statutory functions and responsibilities,
certain Town rights will not be subject to the meet and confer process. These include, but are not
limited to, the exclusive right to detennine the mission of its constituent departments,
commissions and boards; set standards of service; determine the procedures and standard of
selection for employment, promotion and transfer; direct its employees; take disciplinary action;
relieve its employees for duty because of lack of work or for other legitimate reasons; maintain
the efficiency of government operations, detennine the methods, means and personnel by which
government operations are to be conducted; detennine 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 technology of performing its work.
Section 6.
Peace Officers.
---
Peace Officers shall not join or participate in any employee organization except an employee
organization which is either (1) composed solely of employees of the Town of Tiburon and is not
subordinate to any other organization; or (2) composed solely of peace officers and concerns itself
solely and exclusively with the wages, hours, working conditions, welfilre programs and
advancement of the academic and vocational training in furtherance of the police profession, and
which is not subordinate to any other organization.
Section 7.
Appropriate Unit.
The Municipal Employee Relations Officer, after reviewing the petition filed pursuant to
Section 8 by an employee organization seeking recognition as majority representative, shaI1
determine whether the proposed unit is an appropriate unit. The principal criterion in making this
detennination is whether there is a community of interest among such employees. The following
fi1ctors among others are to be considered in making such detennination:
(1) Which unit will assure employees the fullest freedom in the exercise of rights set forth
under this resolution.
(2) The history of employee relations: (a) in the unit; (b) among the employees of the Town;
and (c) in similar public employment.
(3) The effect of the unit on the efficient operation ofthe Town and sound
employer-employee relations.
r"
(4) The extent to which employees have common ski11s, working conditions, job duties,
lines of supervision, integrations with work functions of other employees, interchanges
with other employees or similar educational requirements.
4
---
(5) The effect on the existing classification structure of dividing a single classification
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.
The following limitations shall apply:
(I) No class of position and no employee shall be included in more than one appropriate
unit.
(2) The confidential or management status of a group of employees is crucial for purposes
of Town operations and, accordingly, is a highly relevant mctor in the assessment of
community of interest fuctors. Managerial and confidential employees as designated by
the Municipal Employee Relations Officer shall not be included in an appropriate unit
including other types of employees.
(3) Peace-officers shall not be included in an appropriate unit containing employees who are
not peace officers unless there is only one appropriate unit established for all employees
having probationary or permanent status and is permissible under Section 6 ofthis
resolution.
".....,
(4) Employees not having probationary or permanent status shall not be included in a
representation unit containing employees having probationary or permanent status,
except when the nwnber of employees without probationary or permanent status is less
than 25% ofthe members of the unit, the Municipal Employee Relations Officer may, at
his discretion, include such employees in the unit.
(5) Professional employees shall not be denied the right to be represented separately from
non-professional employees.
Section 8.
Petition for Recognition.
An employee organization that seeks recognition for purposes of meeting and conferriI1g in
good filith as the majority representative in an appropriate unit sha11 file a petition with the
Municipal Employee Relations Officer containing the following information and docwnentation:
(I) Name and address of the employee organization.
(2) Names and title ofits officers.
(3) Names of employee organization representatives who are authorized to speak on behalf
ofits members.
r"
(4) A statement that the employee organization has, as one of its primary purposes,
representing employees in their employment relations with the Town.
5
(5) A statement whether the employee organization is a chapter or local of, or .affiliated
"....., directly or indirectly in any manner with, a regional or state, or national or international
organization and, it so, the name and address of each such regional, state or
international organization.
(6) Certified copies of the employee organization's constitution 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 Town employees.
(9) A statement that the employee organization bas no restriction on membership based on
race, color, creed, age, sex, or national origin or other prolnbited basis pursuant to state
or local law.
(lO) The job classification or titles of employees in the unit claimed to be appropriate and the
approximate number of member employees therein.
(ll) A statement that the employee organization bas in its possession written proof; dated
within six months of the date upon which the petition is filed, to establish that at least
"....., 30% 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 Municipal Employee
Relations Officer or to an agreed upon neutral third party. Such evidence may be either
in the form of signed cards authorizing such representation or of a list of members of
the employee organization certified by the officers of the employee organization. Such
evidence shall be for the confidential use of the Municipal Employee Relations Officer.
(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 conferring in good fuith on all matters
within the scope of representation.
The petition, including all accompanying documents, shall be verified, under oath, by the
executive officer or secretary of the organization that the statements are true. All changes in such
information shall be filed forthwith in a like manner.
Section 9.
Action bv Municioal Emolovee Relations Officer.
r"
If the Municipal Employee Relations Officer determines that the requirements of the petition
for recognition have been complied with, he or she shall give notice of such request for
recognition to the employees in the proposed unit and shall take no action on said request for 5
days thereafter.
6
".....,
".....,
".....,
Within 5 days of the date notice to employees is given, any other employee organization
(herein referred to as the "challenging organization") may seek recognition in an overlapping unit
by filing a petition for recognition, provided, however, such challenging organizations must
submit written proof that it represents at least 30% of the employees in such unit. The Municipal
Employee Relations Officer shall provide notice and hold a hearing on such overlapping petitions,
at which time all affected employee organizations shall be heard. Within 3 days thereafter, or
within 3 days after the end ofthe 5-day period if no petition for recognition in an overlapping unit
is filed, the Municipal Employee Relations Officer shall make his or her detennination concerning
the designation of the appropriate unit. In making such detennination the Municipal Employee
Relations Officer may either:
.
(1) Designate as an appropriate unit one of the proposed appropriate units or one of the
proposed appropriate units with such modifications as are deemed appropriate by the
Municipal Employee Relations officer;
(2) Designate one or more appropriate units which vary from the proposed appropriate unit
or units on the basis that such unit or units resolve conflicting claims, better reflect a
community of interest, or for reasons of administrative feasibility; or
(3) Dismiss the petition or petitions on the grounds of insufficient showing of
representation, or because the proposed appropriate unit includes managerial or
confidential employees with non-managerial or non-confidential employees, or because
the proposed appropriate unit is not deemed to be an appropriate unit by the Municipal
Employee Relations Officer.
Section 10. RECOGNITION PROCEDURES
When an employee organization in the unit found to be appropriate submits written proof
that it represents at least 30% of the employees, a secret ballot election shall be conducted within
10 days among the employees of the designated appropriate unit to determine the wishes of
employees as to representation. The Municipal Employees Relations Officer shall arrange for
such election to be conducted by the California State Conciliation Service, or some agreed upon
neutral third party. All challenging organizations who have submitted written proof that they
represent at least 10% of the employees in the unit found to be appropriate, and have submitted a
petition for recognition, shall be included in 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 during the pay period immediately prior to
the date which is 15 days before the election, inCluding those who did not working during such
period because of illness, vacation or authorized leaves of absence and who are employed by the
Town in the same unit on the date ofthe election.
The Municipal Employee Relations Officer shall certifY the results of the election, and where
an employee organization receives a majority ofthe votes case, the Municipal Employee Relations
Officer shall certifY that employee organization as the recognized employee organization for the
specified unit for the purpose of meeting and conferring. If a majority of votes cast are in favor of
no organization, then no employee organization shall be certified. If no choice receives a majority
of votes then a run-off election shall be conducted within 15 days between the two choices
7
receiving the largest number of valid votes cast. The rules governing an initial election shall also
"....., apply to a run-off election.
Within five (5) days after the election, or run-off election if one is held, allegations that the
election was improperly conducted may be filed with the Town Clerk by an interested party. Ifthe
Town Council after a public hearing detennines that such allegations are justified, it shall order a
new election within thirty (30) days after such determination.
There shall be no more than one valid election in a 12-month period within the same
appropriate unit.
The cost of any election proceeding shall be borne by the employee organization or
organizations whose name(s) appear on the ballot.
Section 11. Recol!Ilized Emolovee Ofl!anizations.
The employee organization determined by election to represent a majority of the employees in
an appropriate unit shall be granted 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.
It shall be responsible for representing the interest of such employees without discrimination.
This shall not preclude the right of employees within the unit to represent themselves.
"....., When an employee organization has been recognized, 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 detennine, on the basis of a secret ballot for decertification that the
recognized employee organization no longer represents a majority of the employees in the
appropriate unit or until such time as the unit may be modified as provided for in this resolution.
Section 12. Modification of Aoorooriate Unit. Decertification: Certification of New Emolovee
Onzanization: Addition of New Classifications.
1. A petition for modification of an appropriate unit, decertification of a recognized
employee organization or certification of a new employee organization may be filed with the
Municipal Employee Relations Officer during the period from September 1st to October 31 in any
year, provided that at the time of such filing in the case of a petition for modification of an
appropriate unit one (1) year has elapsed from the date of designation by the Municipal Employee
Relations Officer of such appropriate unit, and in the case of a petition for decertification of a
recognized employee organization one (1) year has elapsed from the date of the certification of
such recognized employee organization for the appropriate unit in question, and in the case of a
petition for certification of a new employee organization one (1) year has elapsed from the date of
the last election at which the matter of representation of the appropriate unit in question was
voted upon.
r"
2.
Such petition may be filed by:
(a) The recognized employee organization as a disavowal of interest or for
modification of the existing unit. In the event the petition requests an enlargement
8
of the representation unit, the petition shall be accompanied by authorization
"....., cards signed by at least thirty per cent (30%) of ail employees in the new group to
be added; or
(b) Another employee organization, provided the petition is accompanied by
authorization cards signed by at least thirty per cent (30%) of all employees in the
currently designated unit; or
(c) Any group of employees consisting of at least thirty percent (30%) ofall
employees in the representation unit; or
(d) The Town Manager for reasons related to substantial changes in Town functions,
organization structure, or job classifications.
Such petitions shall be handled in the same manner as petitions filed pursuant to Section
8.
3. In the case of decertification, the Municipal Employee Relations Officer shall arrange
for a secret ballot to determine if the recognized employee organization shall retain its
recognition rights. The recognized employee organization shall be decertified if a
majority of those casting valid hallots votes for decertification
".....,
4. In the case of a petition for certification of a new employee organization, the
procedures contained in Section 8 shall be applicable.
5. The Municipal Employee Relations Officer shall provide notice and hold a hearing on a
petition for modification, 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 the existing unit and the proposed modified unit. If
the Municipal Employee Relations Officer determines that the proposed modified unit
is the appropriate unit, then he or she shall follow the procedures set forth in Section 10
for detennining recognition rights in such unit.
6. In the event the Town creates new classifications, the Municipal Employee Relations
Officer shall make a preliminary determination of unit placement(s) and shall provide
notice of such to all majority representatives and schedule a hearing to allow all
affected employee organizations to be heard prior to making a decision.
Section 13. Meet and Confer in Good Faith -- Scone.
The Town, through its representatives, shall meet and confer in good fuith with representatives
of recognized employee organizations regarding matters within the scope of representation,
including wages, hours and other terms and conditions of employment.
r"
The Town shall not be required to meet and confer in good fuith on any subject preempted by
federal or state law nor shall it be required to meet and confer in good fuith on employee or Town
rights as defined in Sections 4 and 5. Amendments to this resolution are not subject to the meet
9
and confer process, but shall be su~ect to consultation and, as such, the provisions of Section 14
___ shall be applicable.
The Town or the recognized employee organization desiring to initiate negotiations shall notifY
the other in writing, setting forth the time and place of the meeting desired and generally the
nature of the business to be discussed, and shall mail the notice by first class mail to the last
known address of the other party sufficiently in advance of the meeting.
Section 14. Consultation in Good Faith -- Scope.
All matters affecting employer-employee relations, including those that are not su~ect to
meeting and conferring, are su~ect to consultation The Town, through its representatives, shall
consult in good faith with representatives of all recognized employee organizations on
employer-employee relations matters which affect them.
Section 15. Advance Notice.
Reasonable written notice shall be given to each recognized employee organization affected by
any ordinance, rule, resolution or regulation directly relating to matters within the scope of
representation proposed to be adopted by the Town Council or by any Board or Commission of
the Town, and each shall be given the opportunity to request to meet and confer prior to
adoption
".....,
In cases of emergency when the Town or any Board or Commission of the Town determines
that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice
or meeting with a recognized employee organization, the Town or the Board or Commission of
the Town shall provide such notice and opportunity to meet at the earliest practicable time
following the adoption of such ordinance, rule, resolution or regu1ation
Section 16.
Memorandum of Understanding.
When the meeting and conferring process is concluded between the Town and a recognized
employee organization representing a majority of the employees in an appropriate unit, all
agreed-upon matters shall be incorporated in a written memorandum of understanding signed by
the duly authorized Town and majority representatives.
As to those matters within the authority of the Town Council, the memorandum of
understanding shall be submitted to the Town Council for determination
".....,
Because effective and orderly operations of government are essential to the public, it is
declared to be in the public interest that in the course of meeting and conferring, the Town and
the recognized employee organization shall make every reasonable effort to conclude
negotiations, and include provisions for an effective date, a reopening date, and an expiration
date, at a time to coincide as nearly as possible with the period during which the Town Council
may act on the operating budget of the Town.
10
Section 17. Resolution ofImnasse.
".....,
Impasse procedures may be invoked only after the possibility of settlement by direct
discussion has been exhausted. 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. The fees and expense, if any, of mediation and/or
fact finding, or of any other impasse procedure, shall be payable one-ha1fby the Town and
one-ha1fby the employee organization or employee organizations. An impasse meeting shall then
be scheduled by the Town Manager forthwith after the date offi1ing ofthe written request for
such meeting, with written notice to all parties affected. The purpose of such impasse meeting is
two fold: (I) to permit a review of the position ofall parties in a fina1 effort to reach agreement on
disputed issues, and (2) in the absence of agreement between the parties at this point, the matter
shall then proceed in accordance with the procedures as set forth in Sections I and 2 below.
I. The mediation or fact-finding board shall consist of three (3) persons, one (I) person to be
selected by the Town, one (I) person to be selected by the formally recognized employee
organization, those two (2) mediators shall then select an impartial third person. Mediators
must be selected and the Board constituted within ten (10) days by either interested party
for mediation.
2. If within the ten (10) days as set forth above, either interested party shall not have selected a
mediator, the mediator so appointed shall be empowered to appoint a second mediator and
the two (2) mediators then so selected shall be empowered to select a third.
".....,
All mediation and/or fact finding proceedings shall be private. The mediator or fact finding
board shall make no public recommendations nor take any public mention concerning the
issues.
Nothing herein prevents the parties from utilizing any other dispute resolution procedures to
which the parties mutually agree on, as permitted by state law, or as the Town Council may
order.
For purposes of arbitration of law enforcement officer labor disputes over economic issues,
the definition of "scope of arbitration" set forth in Code of Civil Procedure Section
1299.3(g) or successor provision shall apply.
Section 18. Grievance Procedures.
A grievance is any dispute concerning the interpretation or application of this resolution, of a
memorandum of understanding or of rules or regulations governing personnel practices or
working conditions, or ofthe practical consequences of a Town rights decision on wages, hours
and other terms and conditions of employment.
r"
Grievances shall be processed in accordance with procedures established by the Town, or by
procedures established through a collective bargaining agreement.
11
Section 19.
Dues Check-Off
r"
Only a recognized employee organization 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 Employees Relations
Officer. Provided, however, this shaJJ not preclude the continuation of due check-off heretofore
granted to any employee organization.
Dues deduction shall be for a specified amount and shall be made only upon the voluntary
written authorization ofthe 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. Once authorized, dues deduction will continue until the
member provides the Municipal Employee Relations Officer with written cancellation of the dues
deduction. Employee payroll deduction authorizations shaJJ 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.
Dues withheld by the Town shall be transmitted to the officer designated in writing by the
employee organization as the person authorized to receive such funds, at the address specified.
".....,
All employee organizations who receive dues check-off shaJJ indenmify, defend, and hold the
Town ofTiburon harmless against any claims made and against any suit instituted against the
Town ofTiburon on account of check-off of employee organization dues. In addition, all such
employee organizations shaJJ refund to the Town ofTiburon any amounts paid to it in error upon
presentation of supporting evidence.
Section 20. Reasonable Time Off to Meet and Confer.
A recognized employee organization may select not more than two employee members of such
organization to attend scheduled meetings with the Municipal Employee Relations Officer or
other management officials on subjects within the scope of representation during regular work
hours without loss of compensation. 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 duty or work station or
assignment without specific approval of the department head or other authorized Town
management official.
r'"
(2) that any such meeting is subject to scheduling by Town management in a manner
consistent with operating needs and work schedules.
Nothing provided here, however, shall limit or restrict Town management from scheduling
such meetings before or after regular duty or work hours under appropriate circumstances.
12
"....., Section 21. 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 of
processing grievances or contracting members of the organization concerning business within the
scope of representation. Such officers or representatives shall not enter any work location without
the consent of the Municipal Employee Relations Officer. Access shall be restricted so as not to
interfere with normal operations at the work location 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 distnbuting literature, shall not be conducted during working
hours.
Section 22. Use of Town Facilities.
Employee organizations may, with the prior approval of the Municipal Employee Relations
Officer, be granted the use of Town facilities during non-working hours for meetings of Town
employees provided space is available, and provided such meetings are not used for membership
drives of Town employees.
".....,
The use of Town equipment other than items normally used in the conduct of business
meetings, is prohibited, unless approved by the Municipal Employee Relations Officer. The use
of Town computers, e-mail, telephones, facsimile machines and other Town equipment and/or
business systems for the conducting of employee organization is prohibited unless specifically
authorized by the Municipal Employee Relations Officer or otherwise provided under a
memorandum of understanding.
Section 23. Use of Bulletin Boards.
Recognized employee organizations may use portions of Town bulletin boards under terms and
conditions to be negotiated with Town by any such organization desiring such use.
Section 24. Availabilitv of Data
The Town 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 section and Government Code Section 6250 et seq.
Such information shall be made available during regular office hours in accordance with the
Town's rules and procedures for making public records available and after payment of reasonable
costs, where applicable.
r"
Information which shall be made available to employee organizations includes regularly
published data covering subjects under discussion. Data collected on a promise to keep its sources
13
confidential may be made available in statistical summaries, but shall not be made available in such
"....., form as to disclose the source.
Nothing in this section shall be construed as requiring the Town to do research for an inquirer
or to do programming or assemble data in a manner other than usually done by the Town.
Section 25. Peaceful Performance of Town Services.
Participation by an employee in a strike or work stoppage is unlawful and shall subject the
employee to disciplinary action, up to and including discharge.
No employee organization, its representatives, or members, shall engage in, cause, instigate,
encourage, or condone, a strike or work stoppage of any kind.
If a recognized employee organization, its representatives or members engage in, cause,
instigate, encourage, or condone a strike or work stoppage of any kind, in addition to any other
lawful remedies or disciplinary actions, the Municipal Employee Relations Officer may suspend
or revoke the recognition granted to such employee organization, may suspend or cancel any or
all payroll deductions payable to such organization, and prohibit the use of bulletin boards,
prohibit the use of Town fucilities, and prolnbit access to former work or duty stations by such
organization.
r"
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 abstinence in whole or
in part from the full, fiUthful performance of the duties of employment for the purpose of
inducing, influencing, 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 Town Council by filing a written notice of appeal with the
Municipal Employee Relations Officer or the Town 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 ofthe decision
upon which its complaint is based, or its complaint will be considered closed and not subject to
any other appeal.
Section 26. Non-Recoon;7p.d Emolovee OrlZanizations.
Where an employee organization has not obtained formal recognition, but does represent
employees who are not part of an appropriate unit represented by a recognized organization, such
non-recognized organization may appear before the Town Manager and Town Council on behalf
of its members with respect to wages, hours and other terms and conditions of employment. In
such cases, however, the meet and confer process will not be followed.
I""'"
14
Section 27. Construction.
".....,
(1) Nothing in this resolution shall be construed to deny any person or employee the rights
granted by federal and state laws.
(2) The rights, powers and authority of the Town Council in all matters, including the right
to maintain any legal action, shall not be modified or restricted by this resolution.
(3) The provisions of this resolution are not intended to conflict with the provisions of
Chapter 10, Division 4, Title I of the Government Code of the State of California
(Sections 3500 et seq.)
(4) In the event of a conflict between this resolution and a memorandum of understanding
between Town and a fonnally recognized employee organization, the provisions of the
memorandum of understanding shall prevail.
Section 28. Severabilitv.
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.
r"
.......*...**...................***......***....****....**....***
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon
on April 6, 2005, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz, Smith
None
None
~~~
Town ofTiburon
A~J~
DIANE CRANE IACOPI, TOWN CLERK
r"
15