Article I: General Provisions
Section 1. Statement of Purpose
The City acknowledges that all employees of the City are to be free from interference, coercion and restraint in associating themselves together for their mutual benefit in connection with their public employment. They may designate representatives of their own choosing and collectively or individually they may exercise their right of petition to the City Council or to the board, officer or commission having jurisdiction of such matters concerning wages, hours or conditions of employment.
This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the City and employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state law, the City Charter and City ordinances, resolutions or rules which establish and regulate the merit and civil service system, or which provide for other methods of administering employer-employee relations. This Resolution 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 City.
It is the purpose of this Resolution 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 that are not preempted by Federal or State law or the City Charter. However, nothing herein shall be construed to restrict any legal or inherent exclusive right to determine the mission of its constituent departments, commissions, and boards; to determine the procedures and standards of selection for employment and promotion; and to direct it employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to determine the content of job classifications; to hire, transfer and to promote or lay off employees for lack of work; to suspend, discipline and discharge employees for proper cause; to expend or to diminish services; to subcontract any work or operations; and to determine the methods, means and personnel by which government operations are to be conducted.
Unless otherwise provided by the City Charter or by ordinance, the political activities of City employees shall be governed by provisions of the State Law pertaining to political activities of employees of general law cities.
Section 2. Definitions
As used in this Resolution, the following terms shall have the meanings indicated:
- "Appropriate Unit" means a unit of employee classes or positions, established pursuant to Article II hereof.
- "City" means the City of Santa Cruz , and where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined.
- "Confidential Employee" means an employee, who, in the course of his or her duties, has access to confidential information relating to the City's administration or employer-employee relations.
- "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 with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof.
- "Day" means calendar day unless expressly stated otherwise.
- "Employee Relations Officer" means the CIty Manager or his/her duly authorized representative.
- "Impasse" means that the representatives of the City 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 of understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.
- "Management Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs.
- "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 hereunder, except that dues deduction authorizations for more than one employee organization for 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 hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within one hundred eighty (180) days prior to the filing of a petition.
- "Exclusively Recognized Employee Organization" means an employee organization which as been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.
- "Supervisory Employee" means any employee having authority, in the interest of the CIty, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or to responsibly direct them, or to adjust their grievances, or to effectively 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 judgement.