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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?' /" ,i ,/