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HomeMy WebLinkAboutCity Council - 2468 RESOLUTION No. 2468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING PROCEDURES OF RECOGNIZI14G ORGANIZATIONS WHICH REPRESENT EMPLOYEES OF THE CITY. WHEREAS, there has been accomplished through the Joint efforts and cooperation eration of the elected public offic- ials and the employees operating under the great tradition of home rule an excellent level of service to the public; and WHEREAS, highly harmonious and mutually satisfactory employee-employer relationship exists today in Huntington Beach; and WHEREAS, it is highly appropriate and timely that a statement of principles be issued in order to formularize an orderly and uniform manner of recognizing organizations which truly represent employees of this City, and to afford such organizations those rights and privileges to which such or- ganizations are entitled, NOW, THEREFORE, BE IT RESOLVED that the following principles be adopted: 1. Each employee of the City of Huntington Beach r shall have the right to join or refuse to join any organiza- tion of his free choice; 2. Employee-employer relations shall be maintained and conducted in a systematic, regulated manner, insuring 1. Fie s.No. 2468 the rights of employees, through, or independent of, their or- ganizations, to communicate their desires to this Body, and at the same time, insuring the orderly processes of government- al operations; 3. The right and responsibility of final decisions re- garding wages, hours, and other conditions of employment in Huntington Beach is solely this Body' s; 4. In arriving at such decisions, this Body will, as it has in the past, hear and consider any and all duly receiv- ed expressions of employees and their organizations on such matters; 5. The rights of City employees must be recognized as different from private industry; government is established to serve all the people and its very nature prohibits work stoppages, or other methods of coercion in the expressions of employees or employers, or the resolution of any differences; 6. The merit system, having so well served local gov- ernment in the past, shall be strengthened and preserved to the end that the people of this City will be served by compe- tent employees through merit selection and advancement. BE IT FURTHER RESOLVED that, in order to make effect- ive the above principles and to assure their orderly implemen- tation, and pursuant to Section 3507 of the Government Code of California, the following rules and regulations are adopt- ed relating to the administration of employer-employee rela- tions : 2. Res. No. 2468 1. Communications from and representatives of organ- izations concerning employer-employee relations will be re- ceived and accorded an opportunity to appear before this Body only after the organization has been deemed a "Recognized Employee Organization". 2. Upon request, a hearing will be held on the question of whether or not an organization shall be found to be a "Recognized Employee Organization". The request shall be in writing, submitted to the Clerk at least fourteen days prior to the hearing, and shall be accompanied by the following; (a) Name and address of the organization. (b) A statement whether the organization is a chap- ter or local of, or affiliated with, a regional or State, or national or international organization, and, if so, the name and address of each such regional, State, national, or inter- national organization. (c) A list of the officers of the organization; (d) A statement that the organization includes employ- ees of the City of Huntington Beach, or employees of an agency of which this Body is the governing body, who have designated the organization to represent them, and a list of the current members, including officers, directors or members of a govern- ing board, who are such employees, and the respective depart- ments in which they are employed. (e) A statement that the organization has, as one of its primary purposes, representation of such employees in their 3• Res. No. 2468 employer-employee relations with this Body, certified copies of extracts of the organization's constitution and by-laws and other documents which conclusively demonstrate this fact must accompany the request. (f) A designation of those persons, not exceeding three in number, and their addresses, to whom notice, sent by regular United States mail, will be deemed sufficient no- tice on the organization for any purpose. (g) An acknowledgment of these rules and regulations and any amendments thereto, and an agreement to abide by the same, whether then in effect or thereafter amended. (h) A statement that the organization recognizes that employees of the City of Huntington Beach, and any agency of which this Body is the governing body, have no rights pursuant to Section 923 of the State Labor Code. (1) A statement that the organization has no restrict- Ion on membership based on race, color, creed, national origin, or age. (J ) A designation,signed by the president and sec- retary, of those persons who are to be considered as repre- sentatives of the organization in any communications with this Body. The request, including the accompanying documents shall be verified, under oath, by the president and secre- tary of the organization that the statements are true. 3. The president and secretary shall, and any one else Res. No. 2468 Who is interested may, attend the hearing and may give such evidence as he or they deem relevant and shall answer such questions, under oath, and submit such documentary evidence, as this Body may deem relevant. 4. The determination of this body shall be consider- ed final, until the organization submits another request, which shall not be made for a period of one year following the hear- ing, or until this Body on its own motion orders another hear- ing. 5. If this Body finds that the organization be deemed a "Recognized Employee Organization", the request and accompany- ing papers shall be filed. 6. Any list of members of any organization, either in the form of an application for recognition or on file with this Body, is confidential and shall not be open to public in- spection. 7. A "Recognized Employee Organization" shall report to the Clerk, immediately, in writing, any changes in the facts submitted pursuant to paragraph 2 or 3, above, except changes in membership need be reported only quarterly. 8. If, after a duly noticed hearing, this Body finds any of the following to exist, this Body shall find the organ- ization shall no longer be deemed a "Recognized Employee Or- ganization": (a) That any statement submitted to or made before this Body, which statements this Body deems material to its deliberations, is false; 5. Res.No. 2468 (b) That the organization has failed to abide by the rules and regulations established, herein or hereafter, by this Body for its conduct with or on behalf of the employees; (c) That the organization no longer is designated by any employee as the employee' s representative with this Body. 9. Members of Recognized Employee Organizations may utilize bulletin boards and have reasonable access to other members of the same organization In City offices for transmit- tal of information, but not for organizational activities, nor for activities including dues collections , nor meetings (except as provided in paragraph 11) , nor membership drives, nor election campaigns and only as long as the work of City employ- ees and service to the public are unimpaired. Officers and representatives of such organizations may utilize time during normal working hours for representation before or conferences with this Body or Its appropriate members on employer-employ- ee relations. 10. No organization, recognized or not, shall engage in organizational activities or distribute pamphlets or brochures or similar literature in connection therewith, on any city property. 11. Recognized Employee Organizations may hold meet- ings of their members or their directors or representatives on City property during nonworking hours, provided: (1) A request is made to and approved by this Body as to the specific location and dates of the meetings prior to such meeting; and 6. Res. No. 2468 (2) Such meetings do not involve organizational ac- tivities, dues collections, membership drives, or election campaigns. 12. Neither the City nor any employee organization, recognized or not, shall interfere with, intimidate, restrain, coerce, or discriminate against any employee because of the exercise of his right to join or refuse to join any organiza- tion. 13. The Huntington Beach City Employees Association shall be deemed a Recognized Employee Association, provided such Association submits the information required by Paragraph 2 above. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 7th day of November, 1966. Mayor ATTEST: City erk APPRQ D AS F DAL SH C i ty Attorney 7• Res . No, 2468 STATE OF CALIFORNIA COUNTY OF ORANGE ss : CITY OF HUNTINGTON BEACH I , PAUL C . JONES , the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 21st day of November 19 66 by the following vote : AYES : Councilmen: Coen, Bartlett , Gisler , Kaufman, Shipley, Breen, Stewart NOES : Councilmen: None ABSENT : Councilmen: None City Clerk an x-officio Clerk of the City Council of the City of Huntington Beach, California