Loading...
Resolution No. 4027 ..........- , ,1 .: , 3 4 5 6 7 8 9 10 11 ,12 13 14 15 16 17 18 19 20 .21 22 23 24 25 26 27 28 29 30 31 32 . .. . '! ..... . . . . : .' . . . - .. -,-", ~'i.-".' ..~-.ol~iI.... . . 1 RESOLUTION NO. 4027 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~ERNON, RELATING TO EMPLOYER,,:,EMPLOYEE RELATIONS WITHIN THE CITY OF VERNON. .THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS : WHEREAS, Chapter 10, Division 4, Title 1 of~he Government code of the state of California was amended effective January ~, 1969, for the purpose of promoting improved emp1oyer- ,~tnployee relations between public employers and their employe'es by establishing uniform and orderly methods of communica.tion between employees and the public agencies by which t'hEl'f:are employed; and WHEREAS, Government Code Section 3507 empowers a City to adopt reasonable rules and regulations after co~u1tation in , 'I.. good faith with representatives of its employee organizations for the administration of employer-employee relations; and WHEREAS, the City of Vernon desires to adopt suqh reasonable rules and regulations as authorized by law; WHEREAS, Government Code Section 3508 provides that the governing body of a public agency may by resolution, adopted after a public hearing, limit or prohibit the right of employees in positions which have duties consisting primarily of the, enforce . . ., , ment of State laws orloca,L,ordinances, to form, join, o~.;,parti- cipate fn.ernploye,e.o,rganizations where it is in the ,public interes " ; - .',' Q. '; to do .. so; a~d;;}.. .~. If); { , " WNr;REAS, aft:er pubtich~a17ing ~ 'the CitlY, Council of the ',,~ , 'City of Vernon has determined that it is in the public interest to /,' .Ii ~' restric tthe 'right of em:p,lbyee,S in ~~r.tain pos i tlons which have dutiesco.nslsting prirpari1y o~, tJ::le ,ep~Qrce.w.ent of, State t~$ srld '. . f' ,\: "< :~, ", ; ~ '\) i'. -'~' ^'. ! . - .' ' local ordinances, to form, join or"participate in anyempioyee organiz,ati;.on 'which might in any maImer affect the per;form~n~e of their l~wenforcement duties during a labor dispute; NQW"THERE'VORE, THE CITY COVNCIL OF THE CITY OF VE:,RNON 12/30/70 1. .'.- .':" .; r ' i . '..., -,,# '.. - ~ ",. ",,"-" . ... t . ., . \ ' .: ",.. \, ,~ 1 'DOES ..HEREBY lESOLVEJAiS FOLLOWS :~'~: ':,' - ',',;_ -, ., ,~: J~:>:' .' " ~ ' -~ ~ '~"t.t '" ~ w SECTION, I: TITLE :. OF RESOLUTIoN" <.",' the Employer- of Vernon. This Resoluti6nis adopted as autharizecl .under' ChaPter 1Q, Division 4,;. Title 10f the California Government 8 9 10 11 14 13 14 C,ode (Sectian 3500 et seq;), captioned "Public Emp10~~es Organ-. ',.-:i~:~r~'j:.". ,', . '" ':\', \(:_ "t:iati,QIlstrto. provide reasonable and orderJ,.yptocedures for the admirti~tration, of employer-employee relations between the City and i.tsemplai~es, procedures far the recognition .of employee org@.n:izationsapd a reasonable and orderly method for the resa- lution"of questions regarding wages, hours and other terms and c.on2-,itions of employment .of employees of the City . . Except as othe1;'Wis~ specifically provid~d below, the terms used in this resolution shall be defined in the same way 16 17 18 . , . - . . , as stl(~~h;)~:ertns' are def'ined in Government Cod~. .Sections3500 et seq. 19 ,In ad,dition, the fo'llawing definitions are adopted for terms used in. th:Ls resolution: A. "City" shall mean the City of Vern,;m, a municipal corporation, and where appropriate herein, "City" refers to ,theCi ty Council ~ the governing body of said. Ci ty i,or any duly authorized representative .of the City of Vernon. B. "Cansu1t or Consultation in good faitht' means to 25 26 cammunicate ora+l:Y .or in writing fot the purpose .of 27 presenting and obtaining views and advising of intended 28 actions. 29 C. "Employeetr shall mean any peJ;:'son regularly em"",. 30 p10yed by the City of V~'rnan except those persons el~ct~A 31 32 by popular vote. "<:\ ~ ','i~" ,I;' ~" , ,t . " p. ~.Jhlplayee, / \ Confidential" means any.emp1oyeewliose ;.. ,. .. .! . . , ' ;< . . .. ..' ~. '. . .;, ..... 1 duties would give the employee access to d~cisiop.s>orthe 2 decision-making processes of the City concerning any matters 3 relating to employer-employee relations. 4 E. HEmp10yee,Manag~ment'r shall include the following, 5 (1) An.Y employee havingsigni.ficant responsibilities for 6 formulating and administering City policies and pr,pgrams, 7 including>but not limited to department heads; and 8 (2) Any employee having authority to exercise independent 9 judgment to hire, transfer, suspend, lay-off, recall, 10 promote, discharge, assign, r,eward, ordiscip1in.e other 11 employees, or to evaluate or review the performance of other 12 employees, or having the responsibility to direct them or 13 to adjust their grievances, or effectively to recormnend any 14 of the above actions, .if in connection with the foregoing, 15 the exercise ofsuchauthori ty is not merely of a routine 16 or clerical nature, but requires the use of independent 17 judgment; " 18 provided that the following shall be considered manageIi:l.ept 19 employees: In the Fire Department, emp16yeeshalding the 20 rank of Captain or above ;in the Police> Department>, employees 21 holding the rank of Lieutenant or above; in the Pub1ic;;'Works 22 Department, che Dire~tor of Public Works, the City Engineel:" 23 Civil Engineers, the Traffic Engineer, foreman and the 24 public works coordinator. 25 F. "Emp10yee Group for Recognition" means a group 26 of employees of the Citydetennined.bythis resolution or 27 any amendment thereto to be so constituted that it is>. ,. ,.'1 28 proper and reasonable to recognize an employee organization 29 as the recognized employee organization of its members in 30 such group if the requirements for such recogni tiorlas 31 forth herein are met. 12/30/70 3: 32 G. "Emp10yer-Emp1oyee Relations" means the re1ation- .1. j ...... ... ..... 1 ship be~weenthe City and its ~mployees and their employee 2 organization, or when used in a general sense, the 3 relationship betweenCj,ty management and individual employees 4: or employee orgaIlizat;iqt1~. 5 H. "Employee Re{>..:resentativef{ means the authorized 6 representative of a Recognized Employee Organization. 7 L. 'rFai1ur~e to Agreetr means t:ha:t" the Municipal 8 Employee Relations Representative and a Recognized Employee 9 Organization have been unable to reach agreement concerning 10 a subject over which they are required to meet and confer in 11 good faith. 12 J. "Mediationtr shall mean the effort by an impartial 13 thixcl party functioning as an intermediary to assist the 14 City and a Recognized Employee Organization in voluntarily 15 reaching an accord where there has been a Failure to Agree 16 regarding wages, hours or other terms and conditions of 17 employment which are within the scope of representation. 18 K. "Municipal Employee Relations Representative means the 19 Ci ty' s principal representative in all matters of emp1oyer- 20 employee relations designated pursuant to Section 11, or 21 his duly authorized representative. 22 L. trpeace Officer" shall mean and include those 23 employees defined as Peace Officers by the California 24 Penal Code. 25 M. "Scope of Representationtr means all matters relating 26 to employment condi tionsand em.p10yer- employee relations , 27 including, but not limited to, wages, hours, and other terms 28 and conditions of employment, except, however, that the 29 Scope of Representation shall not include the matters 30 specified in Section 5. 31 N. trDays" means calendar days unless. otherwise stated. 32 / /1 12/30/70 4. sentati()tl... a~d may not engag:. in \~.ny activitywithfn or on behalf of;, such orga:niz~tionwhich would r~su1t in ana,ctua1 or. ctPPfrent conflict .of interE;ls'f; prov-idep; however" that Mana- , g~~enta:nd COJ:'!,fi4e,ntiai employees may represent a,Recognized 26 Employee: Orgahizat;ion when dealing. wi~h the Cityop: matters 27 pert.ainingto. item$satforth in Section A above on behalf of 28 metp.Qetspf&~id Recognized Employee Organization in an Em- 29 p10yeeGroup for Recognition which includes said Management 30 or Confidential Employees. " , . , 2 3 4 -,'5 6 17 31 32 SECTlON 4~ ..'~ ' ;EMPLOYEE RIGHTS A. Employee~of the City shall have the. form, join.. and pa1;'ticipate in the activities " -'. . .. organizations of r:h~ir own choosing for thep~rpose' "1',,", , . '," :y -,':"- c),f, repi~:a.~.ntationQn matter,s of employer-employee. re,"~"t::ions >; "','~_'-::!;~'~r'~~:~:';.". <-:", " ,,"" ",~,-,.'~ incluqing, but not1imi ted to ",wages, hours and other: .'l, '. terIP.S/,~n1:i.condibions .' 'q~!".:.: .. ~;{ .. Bll'.t:ll1J?:1~:yees' of. . ~ -:.~:/,t" - -'. ,t;' 'I' ':, " ',~ of em10yment. , '.':. ..'. .,..#,;.;.' ( .. .th~ Gi ty s~all"'~iso have the righ'6,::to .' de~l.!ngs. w$th, the 'f . " - _,",'';', F< "--"':~'_;",_.' F. Peace Officers are prohibited from forming, joining, or pat;,i::i,.cdpating in any employee organization except 12/30/70 5. .' . ~ r .' . ' '; -. .. .. .1 that Peace Officers may join and participate in any employee 2 organization which (1) is composed solely of such Peace 3 Officers, (2) concerns itself solely and exclusively with 4 the wages, hours, working conditions, welfare programs, 5 and advancement of the academic and vocational training in 6 furtherance of the police pro'fession, and (3) is not sub- 7 ordinate to any other organization. 8 SECTION 5: 9 In order to 10 its statutory functions 11 has and will retain the 12 the performance of City CITY RESPONSIBILITIES AND RIGHTS insure that the City is able to carry out and responsibi~ities, the City of Vernon exclusive rigb~ to manage and direct , , services and the work force performing 13 such services and therefore the following matters will not be 14 subject to the meet and confer process but shall be within the 15 exclusive discretion of the C~ty: 16 17 A. To determine issues of public policy; B. To determine the merits, necessity, or organi- 18 zation of any service or activity conducted by the City; 19 20 21 22 23 C. To determine and change the facilities, methods, means and personnel by which City operations are to be conducted; D. To expand or diminish services; E. To determine and change the number of locations, 24 relocations, and types of operations and the processes and 25 materials to be employed in carrying out all City functions, 26 including but not limited to, the right to subcontract any 27 work or operation; 28 F. To determine the size and composition of the 29 work force, to assign work to employees in accordance with 30 requirements as determined by the City and to establish and 31 change work schedules and assignments; 32 G. To relieve employees from duty because of lack of 12/30/70 6. . , 1 work or other non-disciplinary reasons; 2 H. To discharge, suspend, or otherwise discipline 3 employees for proper cause; 4 I. To determine job classifications; ~ 5 J. To hire, transfer, promote, and demote employees 6 for non-disciplinary reasons; 7 K. To determine policies, procedures and standards 8 for selection, training and promotion of employees; 9 L. To establish employee performance standards, 10 including but not limited to, quality and quantity standards; 11 M. To maintain the efficiency of governmental opera- 12 tions; 13 N. To take any and all necessary actions to carry 14 out its missions in emergencies; 15 O. To exercise complete control and discretion over 16 its organization and the technology of performing its work 17 and services; 18 P. To establish reasonable work and safety rules and 19 regulations in order to maintain the efficiency and.'economy 20 desirable in the performance of City services. 21 The City, in exercising these rights and functions, 22 will not discriminate against any employee because of membership 23 or non-membership in any employee organization. 24 SECTION 6: MEETING AND CONFERRING 25 A. The City, through its representatives, shall meet 26 and confer in good faith with the employee representative of the 27 Recognized Employee Organization regarding matters within the 28 scope of representation, including, but not limited to, wages, 29 hours, and other terms and conditions of employment for the 30 employees in the employee group for which such organization was 31 recognized. The City shall not be required to meet and confer in 32 good faith on the following matters: 12/30/70 7. .' . . " ~ \ " -,' , " 1 1. Any subj ect preempted by Federal or State law. 2 2. Any of the matters. specified in Section 5. 3 3. Any amendments or proposed amendments to this 4 resolution. 5 B. Where the Recognized Employee Organization desires 6 to meet with the City, through its representatives, on matters 7 within the scope of representation, said organization shall make 8 a request in writing and specify the subjects to be discussed. 9 Within a reasonable time after such request has been made, a 10 meeting shall be arranged at a time and place mutually satis- 11 factory to the parties involved. At such meeting, only those 12 subjects specified in said written request shall be discussed. 13 C. If agreement is reached by the representatives of 14 the City and the Recognized Employee Organization, all agreed matt rs 15 shall be incorporated in a written memorandum of understanding 16 signed by the duly authorized City and employee representatives. 17 Said memorandum of understanding shall not be binding but shall be 18 submitted to the City Council for its determination. 19 D. Where the City proposes to adopt an ordinance, 20 rule, resolution or regulation directly relating to matters 21 within the scope of representation, reasonable written notice 22 shall be given to each Recognized Employee Organization affected, 23 and each shall be given the opportunity to meet with the City, 24 through its representatives, prior to the adoption of same. In 25 cases of emergency when the City Council of the City of Vernon 26 determines that an ordinance, rule, resolution or regulation must 27 be adopted immediately without prior notice or meeting with any 28 Recognized Employee Organization, the City shall provide such 29 notice and opportunity to meet at the earliest practicable time 30 following the adop~ion of such ordinance, rule, resolution or 31 regulation. 32 E. In the event there is a dispute over the scope of 12/30/70 8. .. ~: ~ *;J . ~ ~,'>( ., . .1 representation or as to whether a matter is subj ect to meeting and 2 conferring in good faith and the parties do not voluntarily reso1v 3 such dispute, the issue shall be submitted to the Attorney for the 4 City who shall make recommendations to the City Council for its 5 final determination. 6 SECTION 7: CONSULTATION IN GOOD FAITH 7 The City, through its representatives, shall consult 8 in good faith with representatives of existing employee organiza- 9 tions prior to the adoption of any rules and regulations for the 10 administration of employer-employee relations including any 11 amendments to this resolution. 12 The City, through its representatives, will attempt to 13 consult in good faith with representatives of any Recognized 14 Employee Organization on employer-employee relations matters 15 which directly affect such organization though not within the scop 16 of representation; provided that the failure of the City to so 17 consult in good faith on such matters shall not in any way 18 invalidate or affect any action taken by the City on such matters. 19 SECTION 8: EMPLOYEE GROUPS FOR RECOGNITION 20 A. In order to be formally acknowledged for the 21 purposes of meeting and conferring in good faith as a 22 Recognized Employee Organization, an employee organization 23 must have demonstrated that it represents a majority of 24 the employees in an Employee Group for Recognition as 25 established by this resolution or any amendment thereto. 26 B. The City has investigated and studied the services 27 performed by its employees, their working conditions, and 28 job duties and the City's needs to maintain an efficient 29 operation while providing sound employer-employee relations. 30 The City has concluded, based upon this study, that it will 31 be most conducive to harmonious employer-employee relations 32 and to efficient operation of the City and that it is 12/30/70 9. .1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 .~~ . . , , ~, '>1: . 1 therefore proper and reasonable to establish the following 6 2 separate Employee Groups for Recognition: 3 (1) All full-time and regular part-time employees in the 4 Fire Department except management employees; 5 (2) All full-time and regular part-time employees in .the 6 Police Department except management and confidentia,l em- 7 ployees; 8 (3) All other full-time and regular part-time employees except management and confidential employees; (4) All full-time and regular part-time management and confidential employees in the Fire Department; (5) All full-time and regular part...time management and confidential employees in the Police Department; (6) All other full-time and regular part-time management and confidential employees; provided that professional em- ployees may choose to be represented separately by an organization consisting solely of professional employees in a ~roup for Recognit.ion consisting solely of professional employees. $ECTION9:PETITION FOR RECOGNITION An em~loyee orga1;jiz~tion which seeks to be 'formally acknow1... :e<:1ged as a Recognized Employee Organization representing employees in,.an EmplQyee Group for Recognition 'in any such group established by the City by this resolution or any amendment theretQ.shal1fi1e a petition with the Municipal Employee Relations Representative containing the following information and documentation: 1. Name and address of the employee organization; .2. Name and title of all of its officers; 3. Names and addresses of no more than two (2) employee representatives to whom notice, if sent by regular United States mail, will be deemed sufficient notice to the em- ployee organi?ation for any purpose; 10. 12/30/70 ~ J .'. , , \', , <' . . -~ . ..... 1 4."A" copy ~f' t{h~ ~mp1oyee orgti:nizatiorl1 s Constitutidn or ,.. Bylaws which shall contain a statement thatf;hfi;:'emp10y~~ ~ :-'-,.' , 2 3 , , organization.has as Qne gf its "p~imary purp9f:;eS the .repre~ sentation of employees in their employmentrelations.with".o' f /f} -.It .<, ,.,'.. :-' ",-~ ,\' \ ~', ,the .City; 5. A statement whether the employee organization is a sub- . -, f- :0..- 7 8 ordinate body of or affiliated directly or indirectly in any manner>:with any regional or state or national or Inter~ , . national organization and, if so, the name antl/2iddress of, each such regional, state, national, orinte'rnationa,l,?t';,:-" ,.,t.' A statement that the employee organization:ha.s':qo re- -.. '). striction on membership based on race ,color ,creed, sex,. 14 or national origin; 7. A statement that the employee organization recognizes that the provisions of Section 923.of the Labor Code ,are 21 22 23 any strike, work stoppage, slowdown, or.otJier concerted refusal to work by employees of the City; , .. 8'. 4 -:request for recognition in a Group for Recognition as' established by resolution of the City; 24 9. Said req'Uest for r~c6gnition shall be execl.,1:ted by two 25 26. 27 authorized representatives of the ,employee organization; 10. All changes in such information shall be' filed in a like manner within sixty days of any such change. 28 SECTION 10. RECOGNITION OF EMPLOYEE ORGANIZATION,' 29 30 31 32 A. The City Clerk shall formally acknowledge and certify that ;~. ,_ ,:r'" an employee organizatj.~n ;";1.8 a Recognized Employee Organization in l "l' ~t a Groqp for Recogni~':L'on ti:~on advice of the Municipal Employee '--, 'f' ",' ,;; " ?.':~:' 'or' , '11 Re1at{ons R~pres,entative that. such Certification will meet the':;:, 12/30/70 ,'t'_, 11..'. ,l~;' ',-<.j<,. ,e _ :;, .' -'..:,;!i(t " "'. ~ ~ ,. . .. .'? 1 following tenns and conditions: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1. That the employee organization has Gomp1ied with all of the requirements of Secti.on 9 ; and, ,'I- 2. That there is reasonable proof that the 'organization represents a majority of the City's emploYEaes in an estab- lished Group for Recognition, based upon written evidence executed within three (3) months preceding; the filing of th petition showing that a majority of tHe employees in' such Group are members of said Employee Organization and desire the same to represent them in Employer-Employee Relations or,. in the discretion of the Municipal Employee Relations Representative, by a secret. ballot election in which a majority of the employees in said Group for Recognition have voted for such organiza.tion; provided that an election must be conducted if two or more employee organizations have submitted evidence that thirty (30%) or more of the employees in the Group for Recognition "are members of each such: organizp.tion. . 1 \ B. Only Qne' employ~eoJ:'ganizatiori~shal1 be recognized as a Recognized Employee Organization for employees in any Group for Recognition. 22 C. Recognition of a Recognized Employee Organization may be 23 revoked on the fo1lowing#ounds: 24 25 26 27 28 29 30 31 32 "'t.-. ".,;, ~ '\J> fj ~.:. .. 12/30/70 1. Upon detennination by the City Counct1 after notice and hearing that the employee organization has violated any of the employee rights set forth in Section 4, or upon detennination made pursuant to Section 13. i,~. A.fter a secret ballot election in which it has been .detennined that a majority of employees in the Group for Recognition nb longer wish to be represented by said em- ployeeorganization; provided that such el,~ctionshal1 be only held/pursuant to the filing "of a pet:Ltion .;byaUQthetem- p1oyeeorga.nization in compliance with all the'>~quirements of Section' 9 or a petition f;.ledby at least thirty . (30%) 12. .~ 8 9 10 11 12 13 14 15 16 17 18 19 20 .21 22 23 24 25 26 27 28 29 30 . ,iI... .. ", . I:~~ _,~i-- - ~ ; 1 2 3 4 5 of the employees in the Group for Recognitio.n fbr , t,. ., .... . .. ..' which saidemplpy~e\ 9rg~nization! was reco.gn:t,zed; and pro.vided, further, that no. such petitio.ns maybe filed '''; -~'; ,I: ':'; within two (2)y~-arS fro.m the date of the initial re.cog- nition of the employee organization. Subsequent to saId initial recognition and fo110.wing the , .. two (2) year period set forth above, th~.'petltion of another gro.up for recognitio.n or thirty (30%) percent of the p10yees in the Group for Recognition may be filed only 'dt.n:ing the. moo th of FePi'uary of any caIe'ndar y~ar. 3. Any EmplOyee Organization whic.h displaces a~ther Employee Orga,nization as a Recognized Employee Organization following an election conductedpu;l::sua:q.t ;to. .Supsect:ion C.20.f this Section shall assume Memorandum of Agreement then in effect 8.$ a ,7' ... recognition and 'said Memorandum of Agreement snaIl remain in full force and effect fo.r the term thereof. SECTION 'It: MUNICIPAL EMPLOYEE RE~.~f).~ REPRESEN~ TATIVE .;:-:'. The City Council shall designate,l>y res0.1utio.n,.a MunicIpal Emp10.yee Relations Representative who s~al1be . 1; he . , City's principal representa,tive in all matters of employer-em pI Dye re1a tions, wi th autho.ri ty to mee.t and confer in gbod faith on., , ' - :~ " matters within th:. sco.pe of representation, inc1udi;og.:wages-, . hours, and other terms and conditions of emp10Y1l1Emt'. . It is not necessary. that the' Municipal Emp~oyee Relations' Officer be.,au. employee o.f the City' of Vernon. The Municipal Emplo.yee , . R.,entative so ,designated, is authorized to:<lelegate. .his du~.es and responsibili ties. The Municipal Employee' Relations J{A.,.., . Repre~tative may.adopt rea~onabJJe-rulesor reguIations"for~he:',\ 'c,onduct o.f elections pr?vided for in Sectio.n 10 and ~he imposi- . ,.i;~<">/.. tion of sanctions provi!1ed;,for in Section 13, subj e~t. .,to ,a.l~prova1 31 by the City Counci:t::., 32 / / / ~. /., ,;,,. . 13'. 12/30/7Q" ,\ . ;'\ .~. , . f.J _ ./' j,' :"~", :SJi:CTION12: DISPOSITION OF FAILURE TO AGREE..'.. Any, failure to agree as defined in, this resolution 3 be settled in the following manner: 4 A. A medf.ator shall be selected by mutual agreement be- 5 tween the ~unicipa1Emp10yee RedatiO:l1sRepr,e$.entativ? and the 6 Recognized Employee Organization within fi1}e (5) days 'after 7 the receipt of a written request for mediation made by one 8 party upon the othel7. Ifagreement~~l1not be reached"the '. 9 mediator shall be chosen by the Dean of, the,.School of Public 10 A$iministration of the University. of Southern California. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mination. B. The mediator shall meet with the parties in private to aid in a vo1unta.ry fldfustment of the failure to ~~ree. He shall make no fi.ndings of fact, nor shall he make<ariy 'W ,~" -;'; , -.' ~ . . ~ .' pub1iq r~Qmmendat"ions or take. any public positions. '~,~J;1.e ~-,' ~ ,_~, '; , -, .' _'_ - " ,_,'_ ': "', i::~~"'-" " fees /Jtll~~~'i m~ia;tQ,~ s~a~l be ..~h,.~:td ~eq~lly'1:iy the"~'~rtieS\ .$, ,,} -~' , ~- ~ -':,- .,' ,. " - ,'";, -" ~ -' "'- ':' ,~' . . .' - '<,..-":-.."~ ' C: In the ,eveht, ~'Jaatinediatioh'~\~f tlie failure fo ..~~:t:',ee is unsuccessful,. thematt;:er shall, Re submitted to 'the City Council for its finaT de'terminatiort provided that if the meet- . . ing ahd Conferring ~FoceSlsas;' tq' ~attEJt'srelating'i~6raffect:ing o",,~ ,r \e <,;- _:: i. '1,' " ." -"~:c., the budget for the following fiscal year is not cOIPP1~t:ed by ," ._; .,,-'.;. 'a~"reem,ent as of May 31 of any calendar year, all unr~s'oived, issues shall be submitted to the City Council for SECTION 13: STRIKES AND ,WORK STOPPAGES ""1' A. Any employee who participates in any rrlli':n,;ller. in any: 26 strike, work stoppage, slowdown or ,,other concer'ted ref,usa1 to 27 work by employees of the City or.who,parti<;lpates in any 28 29 :mannet,. in stoppage, > . " any picketing in $upport of ~r ~uc9-";"$~:~~:I~work , '_ -:._ ':.' , ;,-',' ,,',1 ,~-:i; r'~., _ ",", . ,- " - ',,. -_:-'_~ 1J.... ":~ slowdown or other concerted . refusal ~o,.workby III . employees of the City, $ha11 be subject employment by the. City. 14. 12/30170' .:. 1 .... ! .." j.. ~ ,~ '" t,. ... ... " . B. In theevent.;a.ny employee organization calls, engages 2 in, encoUl::::ages, assi,$ts, or condones, in any manner, any 3 strike work's..toppage, slowdown or other concerted refusal to 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 work by employeesqf the City pr .any pick~ting in support .. thereof, or any other'form of interference with or limitation of).t:he. peaceful perfqrmance of City services, the City, in addition to any other lawful remedies or disciplinary actions available to it, may by action of-the Municipal Employee Relations Representative suspend any and all of the rights and privi.1egesaccorded such employee organization under any ordi- nance. ,resolution or rules and regulations of the City or any memo]:'cmdum of understanding with the City, including, but not limited to, the'suspension of recognition, payroll deductions, and the use of City's bulletin boards and facilities. Such sus.pensionor suspensions may be invoked by the Municipal Employee Relations Officer for a period or periods not to exceed a total of sixty (60) days. The City Council may, after notice and public hearing, determine that such suspen- sion or suspensions shall be permanent or that recognition 20 shall be revoked. 21 22 23 24 25 26 27 28 29 30 31 32 C. Employee members of any employee organization shall not: be locked out or prevented by management officials from performing their assigned duties when such employees are will- ing and ab1eto perform such duties in the customary manner and at a reasonable level of efficiency. SECTION 14: CONSTRUCTION A. The City Council may adopt such rules and regulations necessary or .. convenient to implement .the provisions of this Resolution and of Chapter 10, Division 4, Title 1, of the Government Code of the State of California. Nothing in this Resolution shall be construed to deny any person or employee any rights granted by Federal or State laws. The rights, 12/30/70 15. I ,.- ,.. "..1"., - ,. ~, -;;. ,-.... ~ ) ...... . -' ,- . .. 1 powers, and authority of the City Council in all matters, 2 including the right to maintain any legal action, shall not 3 be modified or restricted by this Resolution. 4 B. If any provision or portion thereof contained in 5 this Resolution, or the application thereof, to any person 6 or circumstance is held to be unconstitutional, invalid, 7 or unenforceable, the remain4er of this Resolution and the 8 application of such provision, or portion thereof, to other 9 persons or circumstances shall be deemed severable, shall 10 not be affected, and shall remain in full force and effect. 11 SECTION 15: 12 The City Clerk of the City of Vernon is hereby directed 13 to certify to the passage of this Resolution, and thereupon 14 and thereafter the same shall be in full force and effect. 15 ADOPTED and APPROVED this 19th day of January, 1971. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 " A~ .. F.. Z4~er. C ty Clerk 16. 12/30/70 ~,' Il- l' I I I I i 11 21 I 31 41 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 :~'~-.' '" ~.'T (" " STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) 5 6 I i I, F. A. ZIEMER, City Clerk of the City of Vernon, do hereby certify that the foregoing resolution, being Resolution . 4027 , was duly adopted by the City Council of the City of No. 7 Vernon, and approved by the Mayor of said City, at a regular 8 meeting of the City Council held on January 19, 1971 ~itY Clerk 12/30/70 17. .