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SR-9-B (60)~~ SEP - 8 ~98 F lcmanageristfrptsiutuappl wpd Counc~f Meeting September 8, 1998 TO Mayor a~d City Councii FROM City Staff Santa Monica, Cahfornia SUBJECT Recommendation to DenytheAppeal ofAppro~riate Un~t F~led bythe United Transpartation Union INTRODUCTION This report recommends that the C~ty Cauncil uphold the C~ty Manager's unit determEnation and deny the appeai of tl~e Un~ted Transportation Union {UTU) which seeks to represen# certain non-Motor Coach Operator positions in th~ Transportation Department BACKGROUND Ordinance No 841 sets farth the procedures for the admi~istration of em~layer-emplayee relations forthe City of Santa Monica Under Ordinance No 801, tF~e r~cogn~tion rights ofi any recognized employee organization may be challenged by otner organizatians seek~ng to represent the unit Such a challenge may be made not more than ninety days prior to the expiration of any memorandum of understanding The Memorandums ofi Understar~ding (MOU's) be[vueen the Gity of Santa Monica and the Santa Monica Mun~cipal Employees Association (MEA} and the Sup~rvisory Team Assoc~ates {STA) expired on June 30, 1998 On ,1une 15, 1998, the American Federation of Sta~e, Caunty and Municipa~ Employees, AFL-CIO (AFSGME) filed a petition challengrng ~~ SEP - 8 i~9$ the recognition rights of MEA The AFSCME petition was for th~ entire bargaining uni# currently represented by MEA The State Mediati~n and ConciEiation Serv~ce determined thatAFSCME's petition met the cr~ter~a under Ordinance No 801 for a challenge of MEA's representat~an rights The Ci#y Manager, as the City's Municipal Employee Relations ~ffcer, directed the Personnel Qirectar to conduct a secr~t ba~iot election to determine the ma~ority representati~e for the ent~re group of employees currently represented by MEA On August 17, 1998, before the secret ballot election could be schedufed, the United Transportatian Union filed a petition ta represent selected positians ~n the Transportation Department (Mechanic, Mechanic 5upervisor, Motor Coach Cleaner, Warehause Warkers and Custodians) which are currently represented by the Mun~c~pal Employees Assoc~ation (MEA} and the Supervisory Team Associates (STA} In accardance with the City's Emp~oyerlEmployee Relations Ordinance No 801, the City Manager reviewed the peti#ian and determined that those posit~ons do not canstitute an appropriate unit Ordinance No 80'[ prov~des that t~e City Manage~'s determmatEOn may be appealed to the City Cauncil and on August 24, 1998, UTU filed an appeal The City Counc~l must, within th~rty days after the filing of the appeal, consider the matter and determine the apprapriate unit The Council's determination fs final 2 DfSCUSSION The determination of an apprapriate unit has sEgnif~cant and long-term impacts on emplayer/emplayee relations To ensure that determ~nations are made based on the ments and no# on the polit~cal ar adrnirtistrative exigenaes of the rnoment, Ordinance No 801 pra~ides spectfic gu~da~ce for the Municipai Empfoyee Relations Qfficer (and on appeaf, the City Council) m address~ng a petition The following factors must be considered in determming whetherthere exists a comrnuRity of m#erest sufFic~en# to warrant establishment of a unit (a) Whrch un-t wrll assure employees the fullest freedom m the exerc~se of rrghts set forth under thrs Drdmance Th~s criteria must be e~aluated practically as well as philosophically Arguably, to exercise the fullest freedam in the exercise of rights under Ord~nance 801, each employee woulci want to be represented separately, not hav~ng to take into cons~deration the nghts and desires af other employees In practice, most emplayees fir~d tha# ~oining wath other employees based a~ sorne sirnilarities of interest strengthens their position m exercising their rights Many would argue that ~~ numbers he the greatest strength ~n #he exerc~se of rEghts In this mstance, the City Manager behe~es that the designated units (one represented by MEA, which incfudes all Mecnanics ancf warehouse staf~ citywide, as weii as Motar Coach Clear~ers and other maintenance and office employees, the other represented by STA, which includes all MecF~an~c Superv~sors citywide as well as other 3 super~isars) offer employees the apporturnty to fully exerase their rights Under 4rdmance No 8Q1 The fragmentatian of representation could be ~rewed as a"divide and conquer" strategy on management's part (b) The hrstory of employee relatrons m the unrt, among other employees of the C~ty and rn s~mrlar publrc employment Maintenance employees of the City were represented as a separate unit for more than twenty years prior to the City Manager's determination in 1994, that the appropriate unit included both maintenance and a~ce employees City supennsors have been represented as a separate unEt for more than twenty years Other than Motor Coach Operators, employees of the Transportation Department have never been represented separateky based on their depa~kment assignment For the purposes of employer/employee relations, the City compares itself ta local municipalities, not organizations in other parts of the country A re~~ew of locai municipal transit organizations ~ndicates that, for the ma~ority of such organizations, the petitioned positions would not be represented by a separate bargaining unit Neither the history of bargainmg m Santa Monica, nor amang locai murncipai trans~t agencies supports separate representation of #he petitioned positions 4 (c) The effecf of the un~t on the effic-ent Qperatlon of the C~fy and sound employer- employee relatlons The City of Santa Monica is a complex organfzation serving the needs o# a di~erse populace It is mcreasmgfy important, both in regard ta efficEent operation and goad custamer service, #hat management and employees [ook beyond t~e boundanes of their departments, recognizing that interactEOns and collaboratians are essential to accomplishing the delivery of C~ty services While identification with the departmental miss~on is admirable and necessary, de#~ning one's ser~ice responsibilities and associations solely m reEat~an to a single department limi#s interaction and perspecti~e Employee organEZations that cross departmenta[ lines are one positive factor in achie~ing an organization-wide perspective Fragmenting the representation of positions in the same or sim~~ar ~ob classifications between fin+o, or more, bargaining un~ts daes nat contrEbute to sound employer-employee relat~ons Ha~~ng two se~arate units repres~~t the sarne ~ob class~f~cation leads ineWitably to wage and beneft differentials as the two units a~praach each contract wftt~ differmg ob~ectives In the wake of separate and differen~ settlements, emplayees shanng the same ~ob classifECatEan w~ll compare compensatio~ and benefits across departmental lines and dissatisfactian will result At the same time, an inflexible bargaining pos~tion on the part of the Cjty tha# wages and benefits for a classification represen#ed by two separate units must remain equi~alent would sub~ect the City to claims of bad fai~h negot~ations 5 (d) The exterrt to wh~ch employees have cammon skrlls,1ob dutres, working conditrons, or departmen[al assrgnmenf Mechanics and their sup~rv~sors and staff of warehouse operations, whether assigned to the En~~ronmen#al and Public Works Management Department or the Transportation Department carry out substantially sim~lar ~ob duties under substantially sirnilar warking conditions The minar ~ariations cited in UTU's appeal (sharmg ~alues and camaraderie wEth departmental co-workers, identifymg with theirdepartment and being sub~ectto certain ur~ique regulations) are not campelling They could as eas~ly be argued for StaffAssistants in the Resaurce Management Department, Housmg Di~ision ar superv~sors in the L~brary or Administrative Anaiysts in the Community and Cul#ural Serv~ces Department, Human Services Division as opposed #o employees in those ~ab classificat~ans who work in other City divisions Relying on UTU's defin~#ion of communrty of interest would clearly m~ite further fragmentation of the nine current bargaming units afong mdividuaf ~ob class or departmental I~nes The practical implieations of such fragme~tation are addressed in {c}, abo~e SUMMARY While Ordinance No 801 pro~ides that employees ha~e the right to farm, ~oin at~d participate m the act~~ities ofemployee organizations oftheirown choosmg, it alsa provides guidelmes for assessing requests far unit determination After careful re~iew, the City Manager; acting in the capac~ty of Municipal Employee Relat~ons Off~cer, has determmed 6 that the positions petitioned for do not constitute an appropriate unit based on the htstory of representation, the e#fect on emplayer/employee re[ations and the commonality of ~ob duties, skills and working conditian BUDGETIFISCAL fMPACT The determination of an appropria#e unit has no direct budget or financial impacts to the C ity RECOMMENDATION It ~s recommended t~a# City Counal uphold the City Manager's unit determination and deny ~he appeal filed by the United Transportat~on Un~on Prepared By Attachments John Jalili C~ty Manager a~d Municipal Employee ReEativns Officer (A) Ord~nance Na 801 (B} Pet~t~an by UTU (C) Response af City Manager (D) Appeal by UTU 7 Attachment A ORDINANCE NO. ~Ol (CITY CQUNCIL SERIESj AN ORDINANCE OF THE CITY COUIrTC7L OF THE CITY OF SANTA MONIGA ESTASLISHING ORDERLY PROCEDURES FOR THE AD- MINISTRATION OF EMPLOYER-EMPLOYEE RELATIONS THE CITY COUNCIL OF THE CITY OF SANTA MQNIGA DOES ORDAIN AS F4LLOWS: Sectian 1.00 In Generai Z.O1 Title of Ordinince Thia Qrd~nance shall be knawn as the Employer-Employee Relations Ordinance of the City of 5anta Mamca. 1.02 Statcment of ~urpose The purpose of this Qrdinance is to xmplern~nt Chapter 10, Division 4, Title 1 of the Governrrxent Code af the State of California (Sections 3504, et seq) c~p- t~oaed "Public Employee 4rganizations", by providing orderly pro~edures for the administrat2on of employer-employee relations between the City and employee vrgaruzations and for resolv~ng disputes regarding wages, hours~ and other terms and cond~tions of employment. 1. fl3 Municipal Employee Ralations O£ficer The City Manager is hereby designated as the Municipal Ernployee Relatione Officer and shall be the City's grincipal representative in all matters af employer-employee reiations with authority to meet and confer ~n good fazth on matters within the ~cope of representation with authorized representativea of recognized employee organizations. The City Manager ~s autharized ta delegate these dutiea and responsibil~ties to other mar~agement officials. 1. ~4 Definitians The fallowing definitiona are to be applied in the interpretatian of this Urdi- nance: (a) "Appropr~ate Unit" shall mean a unlt es#abliahed pursuant to Section 3. 02 or 3.03 of this Ordinance. R A -1- I-Z4 (b) "City" shall mean the City of Santa Monica, a municipal car- poratioti. and where appropriate herexn~ "C'sty" refers ta the City Council~ the governing bady of said City, or any duly authorized managemeat official ae herein defzned. (c) "City Services" shall mean all governmental and proprietary functiona, services, or activities hereinbefore or hereinafter performed~ authorized to be performed or reqtxired to be per- formed by the City pureuant tq the authorrty granted in Lhe Constitutzon of the State af California, or as required or authorized by the Gharter of the City of Santa Ma~ica ar any act of the Legielature of the State of California. (d) "Con~ult or Conaultatian in Good Faith" shall mean communa- cate orally or in writing for the purpose of preaenting and abtaining viewa or advfsing of iatended actions. (e) "Employee" shall mean any person regularly employed by the City except those persons elected by papular vote. (~ "Emplayee, Conf~dentsal" eha1~ mean an employee vvho ~a prxvy to deciszans of City management affecting employer-employee relatiang. (g) "Emplayee, Pro#essiaaal" ahall mean employees engaged in work requirzng specialized knowledge and skills attained thraugh completivn of a recognized courae of instructian, including. but not limited to, attarneys, physiciane~ registered nurses, engineera, architects, teachers~ and various types of physi~al~ chemical and biological scientists. (hj 'TEmplayee Organazation" rneane any org~rsization which includea employees of the City of Santa Manica which has ae one of ita primary purposes representing such ernployees in their employ- ment relations with the City of Santa Monica, (i) "E~nployer-Employee Rela,tions" ahall mean the relatxonship between the City aad its employeea and their employee organi- zation, or when uaed in a general sense, the relationehip be- tween City management and erriployces or employee argani~ations. (j) "Managernent Official~s)" shall mean the City Manager. depart- ment heads, and their designated representatives acting in their executive, adnninistrative, or min:sterial capacity as authorized or grescribed by the Santa Monica Municipal Code and/or the Charter of the Gity af 5anta Monica. R A _Z_ 1-24 (k) "Madiation" shall mean the effort by an impartial th~.rd party to asszst in reconcil~ng a dispute regarding vsiages. hours and other terms ~nd cand~tions of emplayment between representatives of the City and the recognized employee organization or recognized employee organizations through interpretation, suggestion and advice. (1) "Ivleet and Confer ~n Good Falth" (sometames referred ta hereia as "meet and confer" or "meeting and conferring") shall mean perfarmance by duly authorized representatives of the City and of recognazed emplayee organizatians of their mutual obligatian as set forth in Section 2. 05 of thns ~rc~inance. ~my "Ord~nance" shal~ mean, unless the context indicates otherwise, the Emplayer-Em,ployee Relations 4rdanance of the City of Santa Monica. {n) "Peace Off~cer" shali mean and include those employees defined as peace officers by the Califarnia Pex~al Code. (o) "Recognized Employ~e Organization" means an employee argan~- zation which has baen formally acknowledged by the C~ty of Santa Moruca as ar~ employee organizataon that represents employees o# the City af Santa Monica as provided ia Section 3. fl4 af this Ordznance. -3- RA 1-24 Sect~on 2. 00 Rights, Representatxon, Meet and Confer, Memorandum of Understanding, Mediatian Z. ~1 Employee Rights Employees of the City shall have the right to form, ~o~n, and participate in the activities of emplayee organ~zations of their own choosing for the purpase of representation an all matters of ernployer-employee relations including but not ifmited to wages, hours, and other terrns and condi- tions of employment. Employees of the Gity alsa shall have the right to refuse to ~oin or participate in the activit~es of employee organ~zations and shall have the right to represent themselves individually in their empioyment relations with the Czty. (a) No employee sha11 be interfered with, intim~dated, restrained, coerced, or discr~mxnated against by the City or employee organizatzons because of his exercise of such rights. ~b) No empiayee, however, may be represented by more than one recognized ernploy~ee organization for the purposes of this Ordinan~e. (c) Professianal employees shall not be denied the right to be represented separately from nonprofessional employees. (d) Management or conf~dential employees shall not represent any recogn~zed employee organizat~on on matters within the scope of representation. (e} Department Heads charged with the du#y and responsibility of enforc~ng state laws or iocal ordinances shall not form, ~o~n, nr particfpate in recognized empioyee organizations. 2. 02 Pea~e 4ffzcers Peace Officers may form, ~oin, participate in, and be represented by employee argznizat~ans o# their own choosing for the purpose of represen- tation on all matters of employer-employee relations as provided by this ~xdinance, prov=ded such employee organizat~ons: (a) Are compased solely of such peace officers. (b} Are not subordinate to any other oxganization. R A _g _ 1-Z4 (c) Concern themselves solely and exclusively with the wages, hours, working condit~ons, welfare programs, and advance- ment of the academic and vocational tra~n~ng xn furtherance of the police profession. 2. 03 Scope of RepreSentation The scope of representation of a recognized employee organization shall include all matters relating ta employment candxtions and employer- employse relations including (but not limited to} wages, hours, and other terms and conditions of employment, except, however, that the scape of representation shall not include considerat~on of the merits, necessity, or organization of any service or activity provided by law or executive order. Recognition of an employee organization as a recogniaed employee organization: {a) Does not preclude employees from representing themselves indsvidually in their employment relatians with the Clty. (b) Doe9 not preclude or restrict the right of management officxal~ to meet and consult wxth employees concerning their employ- ment relations with the City. 2. 04 C~ty Rxghts Management officials of the City have and will retain the exClusive right ta manage and direct the performance of city services and the work farces performing such services, including but not limited to: (a} The exclusive right to determine the processes, methods, means, manner, and personnel by which such services are to be performed. (b} The exclusive right to schedule and assign both the work to be performed and the worlc force or employees by which the work rs to be completed. (c} The exclusive right to contract or subcontract all or any part af the w~rk to be performed and to make work and safety rulea and regulatians in order to tnaintain the efficiency and economy des~rable in the performance of city services. (d) The exclusive right, sub,~ect to complrance w~th the civzl service provisions of the Santa Monica Municipal Code and the City Gharter, to lay off ennployee mernbers of the work force for lack of work, lack of ft~nds, or for other leg~timate reasons. R A _~_ 1-24 (e) The exclusive nght, sub~ect to compi~ance with the civii service provzsions of the Santa MoniGa Municipal Code and the City Gharter, tQ apgoint, pramote, or transfer members o£ the work force and for ~ust cause to suspend, demote, discharge, or take ather disciplinary action against employee members of the wnrk force. Management officials, in exerczsing these functions, will not discriminate against any emp~oyee because of h~s or her membership vr nonmember- sh.ip in any employee organ~zatian. 2. OS Meet and Confer in Good Faith The C~ty, through its representatives, shall rrieet and confer ~n goad faith with representatlves of recognized employee organizations regardrng matters within the scope af representation including wages, hours, and other terms and conditions of employment wztYun the approprxate unit. (a) The City shall not be required to meet and confer in good faith on any sub~ect pre-empted by Federal or State law ar by the Csty Charter, nor shall it be required to meet and confer in good faith on proposed ainendments to this Ordinance. {b) The mutual abligation of the representatives of the City and #he recognized employee organization tc meet personally and confer in arder ta exchange freely infarmat~on, oginions, and proposals and to endeavor to reach agreement on matters within the scope of representatzon does not require either party to agree to a proposal or to make a concession. 2. 06 Memarandtim of Understandzng If agreement is reached by the representatives of the City and a recognized ernplayee organization, it shall be incorporated in a written merriarandurn of understanding which shall not be binding unleas ar until approved by the C~ty Cnuncil. Said memorandum af v.nderstanding shall be sxgned by the duly authorized representatives of the City and the recognxzed employee organization and submitted to the City Councxl for determznation. ~. 07 Mediation; Divisfan of Cost If after a reasonable period of time, representatives of the Gity and the recogniaed emplayee organization fail to reach agreement, the City and the recagnized employee organization ar recognized emp~oyee organizat~ons together may agree upon the appaintment of a mediator mutualiy agreeable to the parties. Gosts of inediation shall be divided one-half to the City and one-half to the recQgnized emgloyee organizatzon or recogn~zed emplayae organizations. R A _b_ 1 -24 Section 3. Op Recagnitian; Appropr~ate L7nit, City Gouncil Determination; Withdrawal of Recognntion 3. O1 Pet~tion for Recognition An empioyee organrzation thaf seeks formal recognition as a recognized employee organization ior the purpose of ineet~ng and canferr:ng in good faith as the ma~or~ty representative of employees in an appropriate unit shall file a petition wzth the Munic~pal Empkoyee Relations Offieer con- taining the following :nformation and documentatlon: {a} The name and address of the employee arganization, certified copies of the employee organization's constxtution and by-laws, the names and titles of ats officers and the names of employee organization representatives who are authorized to speak on behalf of its members, (b) A statement as to whether the emplayee organization is a chapter or lacal of, or affiliated directly or indirectly in any manner with any county, regional, state, national ar anternational organ- ization and, if so, the name and address of each such county, regxonal, state, nat;onal or znternational organization. (c~ A statement that the employee organization has no restriction on memiaershlp based on race, color, creed, sex or national orxg~n and that the employee organization recognizes that the provisions of Section 9Z3 of the Labor Code are not appl3cable to City em- ployees. (d) A statement that the employee organizat~on has, as one of ~ts primary purposes, representing employees in their eznployment relations with the City and the designation of those persons and their addresses, not exceeding one for each fifty members ar rna,~or portlon thereof, to whom notice seat by regular United States mail wiil be deemed sufficient notice to the emplayee organizatian for any purpose except service of legal process. (E) A statement of the number of inernbers of the empioyee organi- zation classified by department, division and ,Joh title in the unit claimed to be apprapriate for the purpose of ineeting and can- ferr~ng in good faith on all matters witnin the scope of represen- tation. R A -7- 1-Z4 (f) A request that the Municipal Emplayee Relatians ~fficer determine the appropriate unft, establ~s~i the elect~on date far determining the ma~ority representative, anc€ formally acknowledge the ma~oraty representative as the recognzzed employee orgasuzation. (g) The petition, including a11 accompanying docuznents, shall be verified as true and correct, under oath, by the Executive Offieer and 5ecretary af the employee orgaruzation. All changas zn the information required by section 3. O1{a), ~b), and (c) shail be filed in like manner within sixty days af any such change. 3. OZ Appxopriate CTnit The Municipal Employee Relations Officer, after review~ng the pEtition filed by an ernployee organiaation seeking formal recognition as ma~ority representative and acknowledgement as the recogniaed employee organi- aation, shall determine whether the proposed unit is an appropriate iznit. The prin~ipal criterion in making this termxnation xs whether there is a communitY of interest amang such employees. The following factors, among others, are to be considered in making such determinatYan- (aj WhiGh unit will assure ernployees the £uliest freedom fn the exercise af rights set forth under this Ordinance. (b) The history of employee relations in ~he unlt, among other employees of the City and in simiiar puhlic employment. (c} The effect of the unit on the effic~ent operat~on of ~he C~ty and saund emplayer-employee relations. (d} The extent to which employees have eommon skills, ~ob dt~ties, working conditions, or departmental assignment. Provided, however, no unit shall be established solely on the basis of the extent to which emplayees in the proposed unit have organized. 3. 03 Appeal, City Council Determination _ Any employee organ~zat~on wh2ch ~s aggr~eved by the determinat~on of an appropriate unit by the Municipal Ernployee Relat~ons Officer may, within ten days af such determination, appeal such decision to the Grty Counc~l for final determznat~on. (a} The appeal by the employee organization shall be :n writing and copies shall be f~led with the City Clerk and the Municlpal Employee Relatians Officer. R A _g_ 1 - 24 (b) The City CounGil shall, within thirty days after the filing df the appeal, consider the matter and determine the agpropriate unit, and such determination shall be #inal. 3. 04 Ma,}ority Representative, Recogn~tion The Municipal Employee Re~ations Officer shall, after designat~on of an appropriate unit, determine the ma~arity representative of City employees in such unit by arranging for a secret ballot election (to be conducted by tne Personnel Director) in order to assure a free choice by the ma~or~ty of such employees. (a) Any employee organizataon clazming representation of a~l ar any part of the appropriate urut shall be entitled to a place on the ballat and shall be authorized one official observer to o~serve the balloting and the counting of such bailots. (b) The ernp~oyee organization found to represent a ma~or~.ty of #he employees in the appropriate unit, as determined by the secret ballot election, shall be forma}.ly acknowledged as the recognized employee organization by the Municapal Employee Reiatior~s O#ficer. (c} The recognized employee arganYaation, detertnined as provided herein, is the only employee organization ent~tled to meet and confer in gaod faith on matters witlun the scope of representation on behalf of employees in such unit. 3. Q5 Challenge, Withdrawal of Recognitxon The recognition rights of any recognized employee organization shall not be sub~ect to challenge for the longer term of either twelve rrionths following the date of such recognition or during the term of any memo- randum of understanding between such organization and the City. ~ay Any other employee organization may, however, commence a proceeding to challenge such recogr~tian rights nat more than ninety days prxor to the exp~ration of one year ar the exp~ra- tion of any memorandum of understanding, as the case may be, in the manner otherwise required herein for formal recognition. (b} The Municipal Employee Relations Office r shall withdraw the recogns#ion rights of any recognized employee argan:zation which has been found by secret baliot electian to na longer rep- resent a ma~ority of the employees in an appropriate ~nit. RA I-24 -9- Sect~on 4. 00 arganiz,ational Relationsh.ip, Grievances, Peaceful Performance of City Services 4. O1 Reasonahle Naticc A copy {via the United States postal servxce) of the City Gouncil and/or Personnel Board agenda for ea~h meeting mailed to each aut~iorized repxesentative of any recognazed employee organzzation seventy-two hours in advance of s~ch meeting sha11 constitute reasonable written notice, and not~.ce of an opportunity to meet wlth such agenc~es, on a~l matters w~thin the scope of representation upan which the Glty Gouncil ar Personnel Baard may act. 4. 0~ Employee Repxesentatives, Meetings Members of any recognized emgloyee organizat~an may~ by any reasonable meihod, select not rnore than one employee member of such organization for each fifty members, or ma~or port~on thereof, to meet and confer with the Municipal Emplayee Rel~tions Officer and other management offscials (after written certification of such selection by an authorized official of the organ~zation} on sub~ects with~n the scope of representatxon during regular duty or work hours, without ioss of time, provided: (a) That no employee representative shall leave h~s or her duty or work station or assignment without apeczfxe approval by an authorized departmental management afficaal. {b} That any such meet~ng is sub~ect to scheduling by an authorized departmental management official so as to avoxd interference with or anterruption of assigned work s~heduies or woxk per- forman~e. Nothing provided herein~ however, shall limxt or restract managerr~ent officials and employees or employee repr~entatYVes from meeting and conferring before or after regular duty or work hours as a matter of mutual conveni~nce. 4. 03 Access to Work Stations Access to work or duty stations sha~l be l~mited to duty haurs for employee members of any employee organization, except as hereinafter provided, and is groh~bited at any time wfthaut spec~al approval for nonemployee members and representatives of any employee organization or its affiliated RA 1-24 -]D- organzzat~ans. Employee access durrng nonduty hours and nonemployee representat~ve access during duty hours may be obtained with the specific approval in each instance of the Munxcipal Employee Relations Of€icer or an author~zed departmental management official when such access does not interfere with or interrupt work performan~e and does not place an unreasonabie or undue burden upon the time of management officials. 4. 04 Peaceful Performance of City Servi~es Participation by any employee in a strike or a concerted work stoppage is unlawful and terminates the employment relation. Provided, howe~er, that nothing herein shall ~e so construed as to affect the right of any emplayee to abandon or to resign his emplayment. (a) Employee organizations shall not h~nder, delay, or ~nterfere w~th the peaceful performance of city services for the purpose of intimtdating or coercing the Gity or any management official of the City in the performance of his lawful duties, and ~uch employee organizations sha.li not compel, induce, ~ntimida#e, or coerce ernployees of the Gity to hinder, delay, ar interfere with the peaceful performance of city services by strike, con- certed work stoppage, cessation of work, slow-down, sit-down, stay-away, or unlawful picketing. (b} In the event that there occurs any strike, concerted work stappage, ar any other form of interference with or lim~tation of the peaceful per#ormance of city services prohibited by Section 4. 04{a) hereof, the City, in addition to any other lawful remedxes or disciplinary actions, may by action of the Municipal Ernployee Relations Off~cer cancel any or all payroll deductions, prohibii the use of bulletin boards, prohabit the use of city fa~alit~es, and w~thdraw recognition of the emplayee organization or organ~zations part~c~patzng in such actions. (c) Ernployee members of any employee organizatxon sha11 not be lacked aut or prevented by management officials #rom perform- ing their assagned duties when such em,playees are willing and able to perform such duties in the customary manner and at a reasonable level of efficiency. 4. 05 Organizatian Business Affairs Internal business a#fa~rs of any recognized employee arganization sha11 not be conducted by employees during their duty hours excep# by special permission of the Municipal Employee Relations Officer in lirnited R A -11- 1-24 instance~ involving tbe mutuzl benefxt of the orQanization an~ the Gity. The organization may meet in city facilitie~ when such facilities are availabie and euch use has been approved by the Municipal Employee Relatioas Offieer or an author~zed departmental management official. 4. 06 Bullct~n Baarde A rcaeonable nurnber of bulleLin boarda w~l be provided upon which any employee organization may post only noticee of recreat~onal and aocial affairs, noticce of ineetings, or elections and appolntrnents and results of elections. The posting of any other classes of not~ces or written or printed carde, pampFslets, or literatuxe of any kind at city work stations is prolubited wrthout the prior written permiss~on of the Municipal Employee Relations Officer or an authorized departmental management official. 4. 07 Responsibil~ty for Statements aad Literature Each recognized employee organization ahall approve or assume responsi- bllity for (1~ literature published ar diatribuLed in its name and (2) atate- mente made by representatives otherwis~ authorized to speak on behaif of such organization. (a) If any l~terature is published or d~etributed or if any staternenta are made concerning the City or its officcrs ar management officials which could be reasonably ~nterpreted ae having a ten- dency to (1) create disaension and unreat among employees, (2) disrupt or imparr the publu service, (3] interfere with enforce- ment of reasonable ruies of conduct or the maintenance of proper diecipline, or {4) interference with the right and duty of manage- ment offic~als to exercise and rnazntain reasonable supervision over cYty employeea, for whic~ any recognized employee organiza- tion ie reepansible, upon reasonable praof thereof, recagn~tion of sa~d organazation or organi~atioae as a recognized employee organization os organizatxons may be withdrawn. (b~ If any literature ia published or dietributed or if any statements are made concernzng the City or rta officers or management officials by an employee which ~s prohabited ~y Section 4. 07(a) hereof, the ernployee ahail be held responsxble for such literature or state- menta and, upon reasonable proof thereof, ahall be disrnisaed for conduct unbecoming an officer or ernployee of the City. ~(~} Pravided, however, thai Sectians 4. 07(a} or (b) shall not be inter- preted, construed or appl~ed so ae to prohibit any consiitutionally protected exercise of the rzght of free speech or publication, R A _~Z_ 1-Z4 * 2-11 4.0$ Grievances, Disputes, Dasagreements In the event any grievances, disputes, or disagreements arise concerning matters within the scope of representat~on of any recognized emplayee organization, such grievance, dispute, or disagreement shall be resolved as follows: (a) Grzevances, d~.sputes, or disagreements concerning the inter- pretation or application of the terms of any memorandum af understanding shall be resolved, if poss~ble, by meeting and conferrzng in good faith. If unresolved by such meetings, the parties shall consider subrrxitting such issues to mediation as provided by Section 3505. Z of the Government Code. In the absence of agreement to mediate, or fa~lure of inediation, the issue shall be resolved t~y an action :n a couri of competent ,~urisdict~on on mation by either party. (b) Grievances, disputes, or disagreements involving removais, demataons, or suspensions shall be resolved as provided by the civ~l service prov~sions of the Santa Monica Munic~pa.l Cade and ~he City Charter. (c} Other grievaaces, disputes, or disagreements shall be resol~ed as provided by the civil service ~rovisions of the Santa Monica Munacipal Code, provided, however, that representation by any recogn~aed emplayee organization shall be limited to gr~evances, disputes, or dieagreements which cannot or have not been resolved between the employee and his immediate supervisor or the employee and his department head. Representation by any recognized employee organization shall be llmited, in this class of grievance, to appeararices before the department head, Personnel Darector, Municipal Employee Relations Officer, and the City Council. R A -13- 1-Z4 Sect~on 5.00 Mascellaneous 5. D i Construction The provisians af this Ordinance are not ~ntended to canflict with the pro- viszons of Chapter 10, Divisian 4, Txtle I of the Government Code of the State of Gaiifornia (Sections 3540, et ser}. } as amended in 1968 and nothing in this 4rdinance shall be construed to deny any person or enaployee the raghts granted by Federal and State laws and City Charter provisions. (a) The rights, powers and authority of the City Councii in all maCters, including the r~ght ta ma~ntain any legal action, shall not be modified or restricted by th~s Ordinance. {b) Noth~ng conta~ned in this Ordinance shall abrvgate any written agreement betweer~ any empioyee organzzat;on and the City in effect on the effective date of thxs Ordinan~e. Ail such agree- ments sha11 continue in effect for the duration of the term specifaed therein unless mod;f~ed or rescinded by mutual agreement of the parties thereto. 5.02 Captions for Gonvenience The captions herein are for convenience anly and are not a part of this Ordinance and do not in any way limit, define, or amplify the terms and provisions hereof. 5.03 Severability if any provision, or any portion thereof, contarned in this Ordinan~e, or the apglicatzan thereof to any person or c~rcumstance, ~s held to be un- constitutional, invalid, ar unenforceable, the remainder of this Ordinance and the applicatzon of any such provision, or portion thereof, ta other persons or circumstances, shall be deemed severable, shall aot be affected, and shall remain in full force and effect, 5. Q4 Adoption The Mayor shall sign an~ the City C1erk shall attest to the paseage of this Ordinance. The City Cierk shall cause the same to be published once in the official newspaper within fifteen days after its adoption. Thzs Ordinance shall become effective after thirty days frozn 2ts adoption. R A' -14 - I -~4 . r' r . ADOPTED th~s 25th day af February , 1969. _ ' ~ w . r, ! . - j ' - ~ ~ ~. 1 • . ~F ~ ~"' ,~ - . c -.ra~ ...y ~ . ' MdyOT u `~~ ATTEST: ~~ ~~'~ ~~ fGrty Clerk A.PPROV D TO M C~ty A torne STATE 4F CALIFORIVIA } C ~UNT Y QF L OS ANGE LES ) CITY OF SANTA MOIVIGA ) I da he reby ce rtify that the #ore gding Ordinance was duly and re gularly ~ntroduced at a meeting of the City Cauncil on the llth day of Februar~ , 19b9; that thereafter the said Ordinance was duly adapted at a meetang of the City Councii an the 25th day of Februarv , 19b9, by the fol~ow~ng vote: AYES: Counc~l.men: Dituri, Hoover, Kings~ey, Reidy, Sorensen, Wamsley, Spurgin NOES; Councilmen: None ABSENT: Cauncilmen: NOne i / ~ --i ~. ~ ~C/ity Cle rk J R A 1-Z4 -15- Atta~h ment B _~ ll ~! ur~~t~~l t~a~s~or~~ti~~ u~iQ~ 1?r~ S Hait ~~~e _ Los ~r,~7eiz;, C ~~ ~~~'~~"= ~U~uS.v` , ~ U :~~ ~'~5 ~c~Crl Ud[]CTi]+: Dzr~ct~r ot P~r;pnneE C1T~;' O~ 5 ~.VT ~. ti20\jC ~ 16~~ ~1a~n Street. P O Bo~c 2?G4 Sa~ta '~9aniL.a. C ~ 90~0~-?;00 RE tila~orin~ Repre~entati~e_ Reco~nitEan Dear'~1~ Ba~cro~t •~ ~utsca~t.a[ ~amber oi \'~echanics, ~~lotor Coach Cleaners Storekeepe~. liare~uu3eman Cust~dsan. Supentisos as~d Staff ~s~sstant IIi ~n ~he Tsansportat~c~r~ Uen~rtm~~t ut the C~tv of Santa ~~ton~ca at its fac~!~t~e~ located at 166C~ 5e~enrr~ ~tr~e~ ~~;shes t~~ be re~resente~ bti ;n~ LTe~lted T~anspor[at~on ~-nion tar the purpc~se o` rnzet~r, 3r~ c.~n~~.cr~rs~ ~~~ch the Cst~ re`ard3n~, ,hetr er~~?~o~~ ~ent rekations ~~TL d~.~~sz~ to ;~z c~r~,fie:: as the reco~n~zed representati~ e of such emplay~es The ~~ar~air:~ng un~t shail c.ons~sts af al] full and part t~me ~lechan~cs. ~totor Coact~ C~ea~ers_ S+c~re~:eeper. L~ arehauseman_ Custod~an, Supzry°isor a.u~ ~~~.~T .-~s~is~ani ii; ~ Eac7 ~r:i~al.~~~e thaE si~ned an -~auFhor~zat~on Card~~ has dore >o ~-oluntar~l~, [hou~; ~r~'I. a~~~ at~er r~~uch discussion ~~~,th their co~~ea~ues 1~'~-e ask zhat ~ou res~e« t:~eEr dec~;en ~har• ~~u Sincere;~, Percival Pa~mer . r~.lternate Vice Presfc~ent Untted Transportation Union I,~, ~~ ~~ `1 ~/ ~r~~ted t~a~sparta~~~n unlu~ Documentation required under secfion 3.0~ of Ordinance 801 concernYng 1'eti~~on for Recognition ^ jtiame ar~d ~ddress of Emptoyee Qr~anization: LJmted Transportatian LTnSOn i4600 Detroit :~venue C1~velan~, OH 44107-4254 subsectron a: ^ Certified cop~• of Empioyees dr~anixations Constitution: Enclosed o~~mes and Tatfes of its Offieers: Gharles L L~ttle - intematiana~ President Bernard J'~~c:~e]~s - Vice Prescdent-D~rector, Bus L7epartment Perc~~•al Palmer -~Iternate Vice President - B~s (~~'est) ~~ ~iame of Representari-~e{s) A~tharized ta speak on behalf af its members• Charles L Lrttle, Bernard J~1cltieLs and P~rci~al Palmer Subsection b: n The Un~ted TranspQrtauan CJnion is ass Internationa! Organizat~on repres~nt-ng transportat~on employees ~n the LTnited States and Canada with th~ ma~n oftice located at 14600 Detra~t Avenue, Cseveland, OH 44103-4250 Loca~ 1785 on tf~e Sanra h~on~ca Bus Lines propertv ~s a~iliated duectly w~th the Un~ted Transgortac~on L;~n»n internat-onal Subsection c: ^ The Un~ted Transportation Un~on and rts affiLates has no restnction on membersh~p based on race, calor, sex or national ongir~ and this orgamzat~on recogn~zes that the provis~ons of section 923 of the Labor Code are not apphcable to Ctty employees Subsection d: a Th~s Organrzation has, as one of its pnmary purposes, representing h~sotor Coach Operators in theEr employment relations wrth the Crty Percival Palmer, General Cha~rman af Local 1785, ma~ling address 1227 S Halt Avenue, Apt # 7, Los Angeles, CA 9003~ is the person to whom notice sent by regular li S 1~•iail w~l~ be deemed sufficient notice to the emp~oyee orga.~~izat~on fQr any purp~se except ser~:~ce of legal grocess Subsection e: ^ There are 19 Class II Mechanics, 9 Class I Mechanics, t4 Motar Coach Cleaners, 1 Storekeeper, I Warehouseman, 1 Custodian, 2 Supervisors, 1 Staff Assisiant III T~ese ~nd~asduals are ~n the Ma~ntenance Div~slon flf the TranspoRation Department L~n~ted Transportation Un~on Lacal I785 ciaimed to be the appropnate un~t for the purpose of ineet~ng and conferrtng in good fa~th on all matters within the scope of representat~on on behalf of these emp~oyees Subsectian f: ~ Un~ted Transportat~an Un~on International and Local 1785 hereby request tY~at the 1~1un~c~pal EmpIoyee Relations Officer determ~ne the appropnate ~n~t, establESh t[~e etect~on date for determining the majority representat~~e, and formally acknowledge t~e ma~ority representati~e as the recognized emplayee organizat~an S~bsection g: a Un~ted TrarESportation Union uses "Authonzation Cards" ~nstead of a"Pet~t~on" Each person who signed an "Authonzation Card" {cards encIosed) ~as done so votuntanly, thoughtfully and after much d~sce~ss~on with their co~ieagues l~~'e ask that you ~espect thetir dec-s;on -z- Th~s cs to venfy that the abo4~e ~nformation ~s true and correct Percival Paimer, Altern te Vice President ~ ~~~~ Egan Battfste, Secre~tary ofUTU Loca~ i785 State of Cal~fornia } ~ 55 Count~~ of Los ~nge~es } ~ ~ ~~~"~D Date ~~ ~~~~~- Date S~ti~orn to and subscribed before me this 17`~ day af August 1998 _______ Ahti-~'VJ+RGA~ET PA~M~R L ~~ < - Cor,^^-~~ss~ns114b51~ ~ N"'a~Y Pu~~ C - Col~fom+a z ',~ ~ x '~os Ange~es Counry ~ ~~_ ~,y ~~~,r^ F~.: ~es ~u~ 11, 2001~ ~~_---_~, .~~1/1? -ll~~~ ~~2C ~~~:~~%'~:,~- ' ~ ~ , ~ Ann-Margaref Pa1m~~I~`otary,Publ~c I N~W! ?~'~d3~ ~?~!~O~a3d -~- l~: 8~ L l~ 8b, \J _ / 'l ~ ^" n ~ ~~J ~~ A hment C ttac -as .. • ._ ~~ Ci*y ot Santa Alonica" August 17, 1998 Off~ce of the City Manager 1685 Ma~n Street PO Box 2200 Santa Monita, talifornia 9 0407-2 200 United Transportation Union 1227 S Holt Avenue, #7 Los Angeles, CA 94035 ATT Percival PaImer, Alternate Vice President RE Petition Dated August 17, 1998 Requesting Representation far Selected Positions in the Transportation Department Dear Mr. Palmer As the A~unicipal Employee Relations Officer for the City of Santa Monica, I ha~e completed a thoraugh review of the abo~e-referenced petition requesting that employees who hold a position in the job classifications of Mechanic, Motor Coach Cleaner, Storekeeper, Warehouseman, Custod~an and Supervisor {Mecharuc Super~isor) in the Transportation Department be represented by the Unrted Transportation Union (UTU) AlI of tile petitioned positions, ~vith the exception of the the Mechanic Supervisors, aze currently represented by the Murucipal Employees Association (MEA) The Mechanic Supervisars axe represented by the Supervisory Team Associates (STA) In conduct~ng my rev~ew af your petition, I cansldered the following factors, as set forth ~n Section 3 O1 {Appropriate Unrt) of Ordinance No $O1: {1 } ~~hich unit will assure employees the fullest freedoan in the exerctse of r~ghts set forth under Ordinanee No SO1 (2} the history of ernployee relations in the unit, among other emp~oyees of the C~ty and in strnilaz public er:~ploy*~ent (3) the effect of the unit on the operation of the Crty and sound employer-employee relations (4) the extent to which emp~oyees have common skills, ~ob duties, worlcmg candit~ons, or departmental ass~g~ment. In terms af the skills, job duties and/or warking conditions of ttie petitioned Transportation Department ~}ob classifications, a re~iew of other City gositions which have simi~ar duttes and respansibilrties indicates that, with the exceptian of the Mechanic Supervisars, those pasrt~ons are currently represented by MEA. The Mechanzc Supervisors have skills, job duties anttior warkang conditions which are similar to those associated with positions currently represented by STA There tel 310 458-8301 . fax 310 917-b640 ~~ ~s not a history of the petitionec~ positions being represented separately at the City of Santa Monica In additian, a review of other transit agencies does not suppart representation of the petitioned positions hy UTU In those cases where the transit group is part of a municipality, the mator caach operators are usually part of the general employee bargain~ng unit, which would be similar to MEA In those cases where the transit agency is a separate agency/company, the motor caach operators aze usual~y represented in a separate bargaining unit and aze not combined with the petxtioned posrtions Therefore, base~ on rny re~iew, I find that there is insufficient "community of tnterest" among the petitioned Transportation Department jab classifications and the~ob classification represented by UTU {I E, Ma#or Coach Operator} and I hereby deny your petition to represent those job classifications. If you should have any questions regarding this matter, piease contact Karen Bancroft, Director of Personnel. Sincerely, Jahn Jalili Crty Manager cc Karen Bancroft, Director af Personnel (LTLI P~w~on ME.A Posmom C~ty Mu~tger RapomaOB 1798) Atta~hm ent D \ ~~~~~ ~ ~~ ' ,. .~ ~nit~d_~~~nspa~tatiaa ~~iort ] ~27 S Holt A~•e , ~ 7 Los Angeles, CA 90a3~ ~ugust 24, 1998 '~iayor Robert T H~lbroo~ and CIty Caunc~l Me~bers Crtr of Santa Mvmca C~tv Counc~l O~ice # 200 ; 68a'_vlaan Street, P O BQx 2244 Santa Maruca, CA 90407-220~ Re ~ppeal on the C~ty Manager's decision concern~ng (Appropnate Lmt) determinatian Dear Mayor Holbrook and C~ty Counc~l Members On Au~ust 17, i998 L'ntted Tra.nsportation linion filed a Petitian toF ~'~7a~ont~° Representat~ve, Recogn~tion on behalf of the Mechan~cs, ?~~otor Coach Cieaners, St~rekeeper, Warehouseman and Supervisor of the'Vlaintenance d~vis~on tn the Transportat~Qn Department (see copy enclosed) I recetved a reply from the C~ty :1-1ana~~r dated Augt~st 17, i998 (see copy enc~osed) deny~n~ the Pet~tion The Crtv Ordsna~ce Sec.t~on 3 02 lssts some factars among ott~ers ta be cor~s~defed in mak~n~ i~at dec~sion To begin with the applicabie sect~on should be Sect~on 3 02 and not 3 O1 as stated in the letter fram the C~t}~ ~Vianager If Section 3 02 was properly interpreted, then there should be no quest~on as to whether The L'nyted Transpartatxon Union is the ~ppropr~ate L~nit T~ere are no other Bargai~~ng Uruts zn the City that are more related ta the classificatzorxs for wh~c~ Fet~t~oner seeks representat~an than Unt~ed Transportat~on Um~n Contrary_ to ~;°hat ts sta~ed 1n the CrtV Mana~er's letter, these class~fications ha~~e a cornmun~ty of ~nterest wirh Niotar Coach Operators (a classificatzon represented ~v L~T[~3 on the sa~e property Botl~ groups ~nterm~ngie on a da~~~ ~~.sas, work together on emplay~ee task forces, attend departmental meetings together, and are work~ng an the same ~~alues ar~d behav~ors ~nth the goal af Excellez~-ce 4n Transpartat~on They «~or~ an problem solti~ing together, currently woz-king as a tearn to keeg the Santa Mamca Bz~ B~ue Bus as ~Tumber ane in the nat~on In add~t~on both groups fall under s}~eciai Transportation Lar~~s, Rules and Regulattons affect~ng transportation that are morz str~ngent than that of other grovps (Examp~es are the Drug and ~lcohol Test~n~ Pro~ratrE, '_1.layor Halbroak and Citv Counci~ Members Page two Au~ust 24, 1998 the Transportatian Funding Program, the Gommercial Drivers License requ~rements, ~ust to name a few) To say that there is no h~story of the Pet~~ioned posrtions be~ng represented separately at the City of Santa Monica may be correct but the Petition did not say they would be ~epresented separately or placed wtth another u~~t alrea.dy represented by liTU in ttie C ity T'L~e C~ty Manager's Ietter further states in part, "Tn those cases where the transit group is part af a'_Vluruc~palrty, the'viotor Coach Operators are usually~ part of the ~eneral emp~oyee bargafmng umt, wh~ch would be s~m~lar to MEA" Vdrth that statement the C~ty Manager must have forgotten that each Munic~paltty has the;r own regulat~ons However UTU represents Municipal~ttes where Motor Coach Operators and the Petit~oned group are in the same barga~ning unit, for example North County Trans~t District San Diego, Californra, Transit ManagemenT of Charlatte NC, Transit Manageme~t of Lareda, Texas We also represent Mumcipalities where I~'Iotor Caach operators are separate such as, Santa Manica I~Tunicipa~ Bus Lines, Santa iVianica, C~ a.nd City af Albuquerque, lti'?1~1 The City~ Mana~er's letter further states, " In those cases where the Trans~t a~ency ~s a separate agencyjcompany, the Motor Coach Operators are usually represented by a separate bargaimng unit and are not combined with the petrtioned posit~ons " Contrary~ to that statement, UTU represents combined posrtions at Transrt Agency/Company that are non Munieipalities at Rockland Coaches - NJ, Aazrondak Coaches - A]bany :VY, Pcne Hill Bus Coach - K~ngston NY, National School Bus - BuffaIo & Rochester NY, A&E Transportation - San Mateo CA There are also other LTnians such as, The Transport VVorkers tinsan in Ph~Iadelp~-~a and New YQric C~ty and the ~nalgamated Transit Union on the Greyhound properties, to name a few that represent combined posrtions Please ~ote that UTU is not seelcing to represent Motor Coach Oper~tors, since the Cjt_y Manager's repty places such great emphasis on that group Instead we Petitioned for a graup that is ent~tled to self-determtnat~on according to Section 2 O 1 0#' Ordinance 801 w-hich states in part, "Employees of the Cit~~ shall have the nght to form, ~oin, and participate ~n the acti~rtres of employee orgamzat~ons of their own choosmg for the purpose of representation on all matters of employer-employee relations includ~ng but not limited to wa~es, ~ours, and other terms and conditions of employment" Mavor Holbrook and C~ty Counctl Members Page three A~gust 24, 1998 UTU on behalf of the Pet~tioned group is aggr~eved by the determinat~on o#'the City ?vlanager that `there is insufficient "communrty af ~nterest" among the pet~tioned transportation department ~ob class~f cat~on and ~ob classificat~on represented by L~I'U (i e, Motor Coach Operator)' and is by way of this letter agpea.ling to the City Council for reltef ~n accordance ~++ith Section 3 03 of 4rdznance 801 We trust that you w~ll rev~ew this matter and grant these employees ti~eir w~shzs Sancerely, Perc~val Palmer Alternate Vice Prest ent LTnrted Transportat~on~Ur~ion Enclosures cc Ma.r~a Stewart, Crty Clerk ~~r John JaIili, City Manager