HomeMy WebLinkAboutCity Council Resolution 489 RESOLUTION N0. 489
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ESTABLISHING PROCEDURE FOR RECOGNITION OF EMPLOYEE OR-
GANIZATIONS AND CONFERRING WITH SAID ORGANIZATIONS.
The City Council of the City of Saratoga hereby resolves as follows:
SECTION I: RECOGNITION OF EMPLOYEE ORGANIZATIONS
A. REGULATIONS
1. Only one organization shall be recognized for purposes of
meeting and conferring in good faith and that organization
shall be the one which represents the majority of the employees.
The only exception will be as indicated in 6 below for profes-
sional employees.
2.An employee organization that seeks recognition for meeting
and conferring in good faith as the majority representative
of employees shall file a petition with the City Administrator
containing the following information:
(a) Name and address of the organization.
(b) Names of its officers and offices held by each.
(c) A copy of the organization's constitution and by-laws,
if any.
(d) A request that the City of Saratoga recognize the organ-
ization as the exclusive representative of the employees
for the purpose of meeting and conferring in good faith
on all matters within the scope of representation.
3. The City Administrator shall determine whether the employee
organization claiming to represent the employees does so in
fact on a majority basis. This may be done by arranging for a
secret ballot election among the employees or by such other method
as is designed to demonstrate the free choice of the employees.
4.When the organization is determined to represent the majority
of employees as indicated above, the City of Saratoga shall
extend recognition of it for purposes of meeting and conferring in
good faith on matters of employer-employee relations.
5. The recognition rights extended to an organization shall not be
subject to challenge by any other organization for a period of
twenty-four months following the date of such recognition.
6. Should professional employees indicate a desire to form their
own separate organization for purposes of meeting and conferring
in good faith, etc., a petition containing the information outlined
in 2 shall be presented to the City Administrator who will provide
for a determination of recognition as indicated in 3 and 4.
7. Management and confidential employees shall not represent any
employee organization which represents other employees. "Manage-
ment and confidential employees" shall consist of department heads
and such other personnel as are designated by the City Administrator.
8. The City Administrator is the designated representative of
the City of Saratoga for the purpose of meeting and conferring
and consulting with employee organizations.
9. The City ~/ministrator may revoke recognition of an employee
organization when it has been found by secret ballot election,
or by any other reasonable method designed to show free choice of
the employees, that it no longer is the majority representative.
10. Nothing in these regulations is to prevent an employee from
representing himself or herself in employer-employee relation-
ships with the City of Saratoga.
SECTION II: MEETING AND CONFERRING WITH EMPLOYEE ORGANIZATIONS
A. The City, through its designated representative, the City
Administrator, shall meet and confer in good faith with
representatives of recognized employee organizations regarding
matters within the scope of representation including wages,
hours, and other terms and conditions of employment.
B. The City shall not be required to meet and confer in good
faith on any subject pre-empted by Federal or State Law or
by the City Charter, nor shall it be required to meet and confer
in good faith on Employee or City Rights as defined in C and D
below. Proposed amendments to these regulations are excluded
from the scope of meeting and conferring.
C. 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
in the activities of employee organizations and shall have the
right to represent themselves individually in their employment re-
lations with the City. No employee shall be interfered with, intimi-
dated, restrained, coerced or discriminated against because of his
exercise of these rights.
D. The rights of the City include, but are not limited to, the
exclusive right to determine the mission of its constituent
departments, conmnissions and boards; set standards of serving;
determine the procedures and standards of selection for employment
and promotion; direct its employees; take disciplinary action; re-
lieve its employees from duty because of lack of work or for other
legitimate reasons; maintain the efficiency of governmental oper-
ations; determine the methods, means and personnel by which govern-
ment operations are to be conducted; determine the content of job
classifications; take all necessary action to carry out its mission
in emergencies; and exercise complete control and discretion over
its organization and the technology of performing its work.
E. Reasonable written notice shall be given to each recognized
employee organization affected by any ordinance, rule, resolu-
tion or regulation directly rel~ng to matters within the scope of
representation propos.ed to b.e a~opted by the City Council or by any
board or commission of the City, and each shall be given the opportun-
ity to meet with such body prior to adoption.
F. If agreement is reached by representatives of the employee
organization and the City of Saratoga, they shall jointly,
prepare a written memorandum of such understanding, which shall
not be binding, and present it to the City Council for determin-
ation.
G. The City of Saratoga shall allow a reasonable number of the
employee organization representatives reasonable time off
without loss of pay or other benefits when formally meeting and
conferring with representatives of the City on matters within the
scope of representation.
The above and foregoing resolution was duly and regularly introduced
and adopted at a regular meeting of the City Council of the City of Saratoga
held on the 16th day of July, 1969, by the following vote:
AYES: Councilmen Tyler, Dwyer, Robbins, Smith, Sanders
NOES: None
ATTEST:
......... ~L/I'~ CITY CLERK?'
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