RES-11529 UPDATING EMPLOYER-EMPLOYEE RELATIONS RULES AND REGULATIONS OF CHAPTER 10, DIVISION 4, TITLE 1 OF CALIFORNIA GOVT CODE - REPEALS RESOLUTION NOS 3611, 4115 & 4125RESOLUTION NO. 11529
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE RESCINDING RESOLUTION
NOS. 3611, 4115, AND 4125 AND UPDATING THE
EMPLOYER-EMPLOYEE RELATIONS RULES AND
REGULATIONS IN ACCORDANCE WITH THE
REQUIREMENTS OF CHAPTER 10, DIVISION 4,
TITLE 1 OF THE GOVERNMENT CODE OF STATE
OF CALIFORNIA
WHEREAS, Chapter 10, Division 4, Title 1 of the Government Code of the State of
California (the "Meyers-Milias-Brown Act" or "MMBA") states that one of its purposes is to
promote improved employer-employee relations between public employers and their employees
by establishing uniform and orderly methods of communication between employees and the public
agencies by which they are employed; and
WHEREAS, Government Code Section 3507 empowers a City to adopt reasonable rules
and regulations after consultation in good faith with representatives of its recognized employee
organizations for the administration of employer-employee relations; and
WHEREAS,the City desires to adopt and update such reasonable rules and regulations as
authorized by law; and
WHEREAS, the City of Orange passed and adopted Resolution No. 3611 on March 21,
1972,establishing procedures for administration of employer-employee relations between the City
and its employee organizations; and
WHEREAS, the City of Orange passed and adopted Resolution No. 4115 on March 18,
1975, amending Resolution No. 3611; and
WHEREAS, the City of Orange passed and adopted Resolution No. 4125 on April 15,
1975, amending Resolution No. 3611; and
WHEREAS,in preparation for the introduction of this Resolution,the City of Orange has
met and consulted with all recognized bargaining groups pursuant to MMBA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that:
1. Resolution Nos. 3611, 4115, and 4125 are hereby rescinded and the revised provisions
attached in Exhibits A&B are approved as the City's rules and regulations for employer-employee
relations; and
2. This Resolution No. 11529 shall take effect immediately upon its adoption by the City
Council of the City of Orange and the City Clerk shall certify the vote adopting this Resolution.
ADOPTED this 13th day of February 2024.
R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
k
Mike Vigliotta, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a Regular Meeting thereof held on the 13th day of February 2024,by the following vote:
AYES: COUNCILMEMBERS: Barrios, Dumitru,Tavoularis, Gyllenhammer,
Bilodeau, and Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: _Gutierrez
amela Coleman, City Clerk, City of Orange
Attachments: Exhibits A&B
Resolution No. 11529 Exhibit A Page 2
EXHIBIT "A"
EMPLOYER-EMPLOYEE RELATIONS RESOLUTION
ARTICLE I—GENERAL PROVISIONS
Section 1.01 Purpose:
This Resolution implements Chapter 10, Division 4, Title 1 of the Government Code of the State
of California (Sections 3500 et seq.) known as the "Meyers-Milias-Brown Act" ("MMBA"), by
providing orderly procedures for the administration of employer-employee relations between the
City of Orange("City") and its employee organizations. Nothing contained herein,however,shall
be deemed to supersede the provisions of State law, resolutions and rules which establish and
regulate the civil service system, or which provide for other methods of administering employer-
employee relations. This Resolution is intended to strengthen municipal service and other methods
of administering employer-employee relations through the establishment of uniform and orderly
methods of communications between employees, employee organizations, and the City.
It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith
with Exclusively Recognized Employee Organizations regarding matters that directly and
significantly affect and primarily involve the wages, hours, and other terms and conditions of
employment of employees in appropriate units,and that are not preempted by Federal or State law.
The City shall not be required to meet and confer over the merit, necessity or organization of any
service or activity provided by law or executive order.
Nothing contained in this Resolution shall be construed to restrict any legal or inherent exclusive
City rights with respect to matters of general legislative or managerial policy. Unless specifically
in conflict with applicable Memoranda of Understanding(MOU),the City retains all management
rights, which include, but are not limited to: the sole and exclusive right to determine the City's
mission, including that of its constituent departments, commissions, and boards; and the sole and
exclusive right to direct the affairs of, manage, and maintain the efficiency of the City, to set
standards of service, and to control the organization and operation of the City. The City also has
the sole and exclusive right to take any actions which the City deems desirable to conduct its
affairs, including, but not limited to, determining the procedures and standards of selection for
employment, directing its work force (including scheduling and assigning work and overtime),
hiring,firing,discharges,promotions,demotions,transfers,taking disciplinary action,determining
the methods, means and personnel by which City operations are to be conducted, relieving
employees from duty because of budgetary considerations, lack of work, or other lawful reasons,
subcontracting,maintaining discipline and efficiency of employees,determining the content of job
classifications,taking all necessary actions to carry out its mission in emergencies,and exercising
complete control and discretion over its organization and the technology of performing its work
consistent with the provisions of this Resolution and the MMBA. The foregoing is meant to be
descriptive of the City's rights, and not exhaustive. The City, in exercising these rights and
functions,will not discriminate against any employee because of membership or non-membership
in any employee organization.
Resolution No. 11529 Exhibit A Page 1
Section 1.02. Definitions:
As used in this Resolution,the following terms shall have the meanings indicated:
A. "Appropriate unit" means a unit of employee classes or positions, established
pursuant to Article II of this Resolution.
B. "City"means the City of Orange, and, where appropriate herein, refers to the City
Council or any duly authorized City representative as herein defined.
C. "Confidential Employee"means an employee who,in the course of their duties,has
access to confidential information relating to the City's administration of employer-employee
relations; or whose duties and responsibilities are so closely aligned with those of a management
employee as to establish an identification with the implementation or dissemination of
management policies on a city-wide or department-wide basis.
In connection with this latter definition and in the interest of preserving the City's efficient
operations, certain positions in the following Departments or areas shall be deemed presumptively
Confidential:
i. City Manager's Office;
ii. City Attorney's Office;
iii. City Clerk's Office;
iv. Human Resources;
v. Information Technology, and;
vi. Finance.
E. "Day(s)"means calendar day(s)unless expressly stated otherwise.
F. "Employee Relations Officer" means the City Manager or the Human Resources
Director, or their duly authorized designee.
G. "Exclusively Recognized Employee Organization", also referred to as Employee
Organization(s) and Recognized Employee Organization(s), means an employee organization
which has been formally acknowledged by the City as the sole employee organization representing
the employees in an appropriate representation unit determined pursuant to Article II of this
Resolution, having the exclusive right to meet and confer in good faith concerning matters within
the scope of representation pertaining to unit employees,and thereby assuming the corresponding
obligation of fairly representing such employees.
Resolution No. 11529 Exhibit A Page 2
Such recognition status may only be challenged by another employee organization as set forth in
Article II Section 8 of this Resolution.
H. "Impasse" means that the representatives of the City and a Recognized Employee
Organization have reached a point in their good faith negotiations where their differences on
matters to be included in a MOU, and/or concerning matters over which they are required to meet
and confer, remain so substantial and prolonged that further meeting and conferring would be
futile.
I.Management Employee" means an employee having responsibility for
formulating, administering, or managing the implementation of City policies and programs.
J.Meet and Confer"as defined in California Government Code Section 3504,means
that the duly authorized representatives of the City and the Recognized Employee Organization
have the mutual obligation to personally meet and confer upon request by either party, at
reasonable times and in good faith, in order to exchange information, opinions, and proposals
regarding matters within the scope of representation in an effort to reach agreement on those
matters. This does not require either party to agree to a proposal or to make a concession. The
process shall include adequate time for the resolution of impasses.
K. "Meet and Consult" as defined in California Government Code Section 3504,
means to meet and discuss issues with all affected recognized employee organizations, in good
faith,for the purpose of presenting and obtaining views or advising of proposed actions in an effort
to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding
matters within the required scope of representation does not involve an endeavor to reach a binding
agreement, nor is it subject to the impasse resolution procedures set forth in Article IV of this
Resolution.
L. "Proof of Employee Support" means (1) An authorization document signed and
dated by an employee, provided that the authorization has not been subsequently revoked in
writing by the employee; (2) A verified authorization petition or petitions signed and dated by an
employee;or(3)Employee dues deduction authorizations,using the payroll register for the period
immediately prior to the date a petition is filed hereunder, except that dues deduction
authorizations for more than one employee organization for the account of any one employee shall
not be considered as proof of employee support for any employee organization. The only
authorization which shall be considered as proof of employee support hereunder shall be the
authorization last signed by an employee.
M. "Supervisory Employee" means any employee having authority, in the interest of
the City,to hire,transfer, suspend, layoff,recall,promote, discharge, assign,reward, or discipline
other employees, or responsibly to direct them, or to adjust their grievances, or effectively to
recommend such action if, in connection with the foregoing, the exercise of such authority is not
of a merely routine or clerical nature, but requires the use of independent judgment.
N. Terms not defined herein shall have the meanings as set forth in the MMBA.
Resolution No. 11529 Exhibit A Page 3
ARTICLE II—REPRESENTATION PROCEEDINGS
Section 2.01. Filing of Recognition Petition by Employee Organization:
An employee organization which seeks to be formally acknowledged as the Exclusively
Recognized Employee Organization representing the employees in an appropriate unit shall file a
petition with the Employee Relations Officer containing the following information and
documentation:
A. Name and address of the employee organization;
B. Names and titles of its officers,and mailing addresses;
C. Names and telephone numbers of employee organization representatives who are
authorized to speak on behalf of the organization in any communication with the City;
D. A statement that the employee organization has, as one of its primary purposes,the
responsibility of representing employees in their employment relations with the City;
E. A statement whether the employee organization is a chapter of,or affiliated directly
or indirectly in any manner, with a local, regional, state, national or international organization,
and, if so,the name and address of each such other organization;
F. Copies of the employee organization's constitution and bylaws, if available;
G. A designation of those persons, not exceeding two (2) in number, and their
addresses, and/or email addresses,to whom notice sent by regular United States mail and/or email
will be deemed sufficient notice on the employee organization for any purpose;
H. A statement that the employee organization has no restriction on membership based
on a legally protected classification (i.e. race, color, religion, creed, sex, national origin, age,
marital status, sexual orientation, mental or physical disability, medical condition, military or
veteran status, gender identity or expression, genetic information), if available;
I.The job classifications or position titles of employees in the unit claimed to be
appropriate and the approximate number of member employees therein;
J.A statement that the employee organization has in its possession proof of employee
support as herein defined to establish that a majority of the employees in the unit claimed to be
appropriate have designated the employee organization to represent them in their employment
relations with the City. Such written proof shall be submitted for confirmation to the Employee
Relations Officer or to a mutually agreed upon disinterested third party; and
K. A request that the Employee Relations Officer formally acknowledge the petitioner
as the Exclusively Recognized Employee Organization representing the employees in the unit
claimed to be appropriate for the purpose of meeting and conferring in good faith.
Resolution No. 11529 Exhibit A Page 4
The Petition,including the proof of employee support and all accompanying documentation, shall
be declared to be true, correct and complete, under penalty of perjury, by the duly authorized
officer(s)of the employee organization executing it.
Section 2.02. City Response to Recognition Petition:
Upon receipt of the Petition,the Employee Relations Officer shall determine whether:
A. There has been compliance with the requirements for the filing of a Recognition
Petition as set forth in section 2.01, and;
B. The proposed representation unit is an appropriate unit in accordance with Section
2.07 of this Article II.
If an affirmative determination is made by the Employee Relations Officer on the foregoing two
2) matters, they shall so inform the petitioning employee organization, shall give written notice
of such request for recognition to the employees in the unit and shall take no action on said request
for thirty (30) days thereafter.
If either of the foregoing matters are not affirmatively determined,the Employee Relations Officer
shall offer to consult thereon with such petitioning employee organization and, if such
determination thereafter remains unchanged,shall inform that organization of the reasons therefore
in writing.
The petitioning employee organization may appeal such determination in accordance with Section
2.10 of this Resolution.
Section 2.03. Open Period for Filing Challenging Petition:
Within thirty (30) days of the date written notice was given to affected employees that a valid
recognition petition for an appropriate unit has been filed, any other employee organization may
file a competing request to be formally acknowledged as the exclusively recognized employee
organization of the employees in the same or in an overlapping unit(one which corresponds with
respect to some,but not all the classifications or positions set forth in the recognition petition being
challenged), by filing a petition evidencing proof of employee support in the unit claimed to be
appropriate of at least thirty percent(30%)and otherwise in the same form and manner as set forth
in Article II, Section 2.01 of this Resolution. If such challenging petition seeks establishment of
an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping
petitions for the purpose of ascertaining the appropriate unit, at which time the petitioning
employee organizations shall be heard. Thereafter, the Employee Relations Officer shall
determine the appropriate unit or units in accordance with the standards in Article II, Section 2.07
of this Resolution, and shall provide written notice of their determination to each petitioning
employee organization.
If the petitioning employee organizations do not agree with the decision rendered by the Employee
Relations Officer, the petitioning employee organizations shall have fifteen (15) days from the
date the Employee Relations Officer notified them of their unit determination to amend their
petitions to conform to such determination or to appeal such determination pursuant to Article II,
Section 2.10 of this Resolution.
Resolution No. 11529 Exhibit A Page 5
Section 2.04. Granting Recognition Without an Election:
If the Petition is in order, and the proof of support shows that a majority of the employees in the
unit deemed to be appropriate have designated the petitioning employee organization to represent
them, and if no other employee organization filed a challenging petition,the petitioning employee
organization and the Employee Relations Officer shall request the California State Mediation and
Conciliation Service, or another agreed-upon neutral third party, review the count, form, accuracy
and propriety of the proof of support. If the neutral third party makes an affirmative determination,
the Employee Relations Officer shall formally acknowledge the petitioning employee organization
as the Exclusive Recognized Employee Organization for the designated unit.
Section 2.05. Election Procedure:
Where recognition is not granted pursuant to Section 2.04 of this Resolution, then, upon
determination of an appropriate unit in accordance with Sections 2.02 and 2.07 of this Resolution,
the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party
agreed to by the Employee Relations Officer and the concerned employee organization(s), in
accordance with such parry's rules and procedures subject to the provisions of this Resolution. All
employee organizations who have duly submitted petitions which have been determined to be in
conformance with this Article II shall be included on the ballot. The choice of"no organization"
shall also be included on the ballot thereby allowing employees the choice of representing
themselves individually in their employment relations with the City.
Employees entitled to vote in such election shall be those persons employed in regular permanent
positions within the designated appropriate unit who were employed during the pay period
immediately prior to the date which ended at least fifteen (15) days before the date the election
commences, including those who did not work during such period because of illness, vacation or
other authorized leaves of absence, and who are employed by the City in the same unit on the date
of the election.
An employee organization shall be formally acknowledged as the Exclusively Recognized
Employee Organization for the designated appropriate unit following an election or run-off
election if it received a numerical majority of all valid votes cast in the election. In an election
involving three or more choices, where none of the choices receives a majority of the valid votes
cast, a run-off election shall be conducted between the two choices receiving the largest number
of valid votes cast. The rules governing an initial election shall also apply to a run-off election.
There shall be no more than one (1) valid election under this Resolution pursuant to any petition
in a 12-month period affecting the same unit.
In the event that the parties are unable to agree on a third party to conduct an election,the election
shall be conducted by the California State Mediation and Conciliation Service("CSMCS"). In the
event that CSMCS declines to conduct the election, for any reason, then the election shall be
conducted by a neutral arbitrator selected from a list of seven(7)names to be provided by CSMCS
or,if that body for any reason fails to provide such a list,by the American Arbitration Association.
The incumbent recognized employee organization shall first strike one (1) name, the petitioning
Resolution No. 11529 Exhibit A Page 6
organization shall then strike one (1) name, the Employee Relations Officer shall next strike one
1)name, and alternate so forth until the last name remaining shall be the Election Supervisor.
If, once the alternate election monitor is appointed, the parties cannot agree as to the time, place,
and manner of the election,the parties shall authorize the election monitor to unilaterally determine
such issues and carry out the election accordingly.
Costs of conducting elections shall be borne in equal shares by the City and by each Exclusively
Recognized Employee Organization appearing on the ballot.
Section 2.06. Procedure for Decertification of Exclusively Recognized Employee
Organization:
A Decertification Petition alleging that the incumbent Exclusively Recognized Employee
Organization no longer represents a majority of the employees in an established appropriate unit
may be filed with the Employee Relations Officer only during the month of March of any year
following the first full year of recognition or during the thirty (30) day period commencing one
hundred twenty (120) days prior to the termination date of a Memorandum of Understanding
MOU) then having been in effect less than three (3) years, whichever occurs later. A
Decertification Petition may be filed by two or more employees or their representative, or an
employee organization, and shall contain the following information and documentation declared
by the duly authorized signatory under penalty of perjury to be true, correct and complete:
A. The name, address and telephone number of the petitioner and a designated
representative authorized to receive notices or requests for further information;
B. The name of the established appropriate unit and of the incumbent Exclusively
Recognized Employee Organization sought to be decertified as a representative of that unit;
C. An allegation that the incumbent Exclusively Recognized Employee Organization
no longer represents a majority of the employees in the appropriate unit, and any other relevant
and material facts relating thereto, and;
D. Proof of employee support that at least thirty percent(30%)of the employees in the
established appropriate unit no longer desire to be represented by the incumbent Exclusively
Recognized Employee Organization. Such proof shall be submitted for confirmation to the
Employee Relations Officer or to a mutually agreed upon disinterested third party within the time
limits specified in the first paragraph of this Section 2.06.
An employee organization may, in satisfaction of the Decertification Petition requirements set
forth in this Resolution,file a Petition under this Section in the form of a Recognition Petition that
evidences proof of employee support of at least thirty percent (30%) percent, that includes the
allegation and information required under this Section 2.06, and otherwise conforms to the
requirements of Section 2.01 of this Resolution.
Resolution No. 11529 Exhibit A Page 7
The Employee Relations Officer shall initially determine whether the Petition has been filed in
compliance with the applicable provisions of this Resolution. If their determination is in the
negative, they shall offer to consult thereon with the representative(s) of such petitioning
employees or employee organization and, if such determination thereafter remains unchanged,
shall return such Petition to the employees or employee organization with a statement of the
reasons therefor in writing. The petitioning employees or employee organization may appeal such
determination in accordance with Section 2.10 of this Resolution. If the determination of the
Employee Relations Officer is in the affirmative, or if their negative determination is reversed on
appeal, they shall give written notice of such Decertification or Recognition Petition to the
incumbent Exclusively Recognized Employee Organization and to unit employees. Upon request,
the Employee Relations Officer shall provide a copy of the petition with names and all other
identifying information redacted.
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on
or about thirty (30) days after such notice to determine the wishes of unit employees as to the
question of decertification and, if a Recognition Petition was duly filed hereunder,the question of
representation. Such election shall be conducted in conformance with Section 2.05 of this
Resolution.
During the "open period" specified in the first paragraph of this Section 2.06, the Employee
Relations Officer may on their own motion, when they have reason to believe that a majority of
unit employees no longer wish to be represented by the incumbent Exclusively Recognized
Employee Organization, give notice to that organization and all unit employees that they will
arrange for an election to determine that issue. In such event any other employee organization may
within fifteen(15)days of such notice file a Recognition Petition in accordance with Section 2.01,
which the Employee Relations Officer shall act on in accordance with this Section 2.06.
If, pursuant to this Section 2.06, a different employee organization is formally acknowledged as
the Exclusively Recognized Employee Organization, such organization shall be bound by all the
terms and conditions of any MOU then in effect for its remaining term.
Section 2.07. Policy and Standards for Determination of Appropriate Units:
The Employee Relations Officer shall maintain a list of all current bargaining units in the City and
shall have the management discretion to form and define reasonable bargaining units,based on the
procedures specified in this Resolution. The policy objectives in determining the appropriateness
of units shall be the effect of a proposed unit on (1) the efficient operations of the City and its
compatibility with the primary responsibility of the City and its employees to effectively and
economically serve the public, and (2) providing employees with effective representation based
on recognized community of interest considerations. These policy objectives require that the
appropriate unit shall be the broadest feasible grouping of positions that share an identifiable
community of interest.
In considering whether classifications share an identifiable community of interest, the following
factors shall be considered:
Resolution No. 11529 Exhibit A Page 8
A. Similarity of the work performed, required qualifications, levels of responsibility,
and the general working conditions;
B. History of representation in the City, except that no unit shall be deemed
appropriate solely on the basis of the extent to which employees in the proposed unit have
organized;
C. Consistency with the organizational patterns and structure of the City;
D. Effect of differing legally mandated impasse resolution procedures;
E. Number of employees and classifications, and the effect on the administration of
employer-employee relations created by the fragmentation of classifications and proliferation of
units; and
F. Effect on the classification structure and impact on the stability of the employer-
employee relationship of dividing a single or related classifications among two or more bargaining
units.
Notwithstanding the foregoing provisions of this Section,managerial,supervisory and confidential
responsibilities, as defined in Section 1.02 of this Resolution, are determining factors in
establishing appropriate units hereunder, and therefore managerial, supervisory and confidential
employees may only be included in a unit consisting solely of managerial, supervisory or
confidential employees respectively.
The Employee Relations Officer shall, after notice to and consultation with affected employee
organizations, allocate new classifications or positions, delete eliminated classifications or
positions,and retain,reallocate or delete classifications or positions from units in accordance with
the provisions of this Section. The decision of the Employee Relations Officer shall be final.
Section 2.08. Procedure for Modification of Established Appropriate Units:
Requests by employee organizations for modifications of established appropriate units may be
considered by the Employee Relations Officer only during the period specified in Section 2.06 of
this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in
addition to the requirements set forth in Section 2.01 of this Resolution, shall contain a complete
statement of all relevant facts and citations in support of the proposed modified unit in terms of
the policies and standards set forth in Section 2.07 of this Resolution. The Employee Relations
Officer shall process such petitions as other Recognition Petitions under this Article II.
When new classifications are adopted, existing classifications abolished, or when a classification
is no longer compatible with the existing bargaining unit under the factors of Section 2.07 of this
Article II, the Employee Relations Officer may, by their own motion, at any time propose that an
established unit be modified. The Employee Relations Officer shall give written notice of the
proposed modification(s) to any affected employee organization and shall hold a meeting
Resolution No. 11529 Exhibit A Page 9
concerning the proposed modification(s), at which time all affected employee organizations shall
be heard.
Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit
or units in accordance with Section 2.07 of this Resolution, and shall give written notice of such
determination to the affected employee organizations. The Employee Relations Officer's
determination may be appealed as provided in Section 2.10 of this Resolution. If a unit is modified
pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may
thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee
Organization for such new appropriate unit or units pursuant to Section 2.01 of this Resolution.
Section 2.09. Procedure for Processing Severance Requests:
An employee organization may file a request to become the Exclusively Recognized Employee
Organization of a unit alleged to be appropriate that consists of a group of employees who are
already a part of a larger established unit represented by another exclusively recognized employee
organization. The timing,form and processing of such request shall be as specified in Section 2.08
of this Resolution for modification requests.
Section 2.10. Appeals:
An employee organization aggrieved by a determination of the Employee Relations Officer that a
Recognition Petition(Section 2.01), Challenging Petition(Section. 2.03), Decertification Petition
Section 2.06), Determination of an Appropriate Unit (Section 2.07), Unit Modification Petition
Section 2.08) or Severance Request (Section 2.09) has not been filed in compliance with the
applicable provisions of this Article II, may, within fifteen (15) days of notice of the Employee
Relations Officer's determination,appeal such determination to the City Council for final decision.
Appeals to the City Council shall be filed in writing with the City Clerk and Human Resources
Department,and a copy thereof served on the Employee Relations Officer. The City Council shall
commence to consider the matter within thirty (30) days of the filing of the appeal. The City
Council may,in its discretion,refer the dispute to a non-binding third party hearing process. Costs
shall be borne in equal shares by the City and by each Exclusively Recognized Employee
Organization
Any decision of the City Council on the use of such procedure, and/or any decision of the City
Council determining the substance of the dispute shall be final and binding.
Section 2.11. Abandonment of Unit or Good Faith Doubt of Majority Representative:
In the event a bargaining unit appears to have been abandoned by its Exclusively Recognized
Employee Organization,or in the event that the Employee Relations Officer has a good faith doubt
that the Exclusively Recognized Employee Organization represents a majority of the members of
the unit, the Employee Relations Officer shall serve notice to the affected employee
organization(s)stating the evidence leading them to the belief of abandonment or doubt of majority
Resolution No. 11529 Exhibit A Page 10
representational status. Such affected employee organization shall have twenty (20) days to
present written evidence and argument to the contrary.
If, after the twenty-day period expires, the Employee Relations Officer still believes the unit has
been abandoned or still has a good faith doubt of majority representation,the Employee Relations
Officer shall thereupon arrange for a secret ballot election to be held on or about fifteen(15)days
after notice thereof to determine the wishes of unit members. The question before the electorate
shall be, "Do you wish to continue to be represented by (name of association or union) in your
formal bargaining relationship with the City?" If the answer by a majority of valid votes cast is in
the affirmative,there shall be no change in representational status. If the answer by a majority of
valid votes cast is in the negative, then the organization's representational status as bargaining
representative for the unit in question shall be terminated.
Details of such election shall be handled in accordance with applicable provisions of Section 2.05
of this Resolution.
ARTICLE III—ADMINISTRATION
Section 3.01. Submission of Current Information by Recognized Employee Organizations:
All changes in the information filed with the City by an Exclusively Recognized Employee
Organization under items (A) through (G) of its Recognition Petition under Section 2.01 of this
Resolution shall be submitted in writing to the Employee Relations Officer within fourteen (14)
days of such change.
Section 3.02. Employee Organization Activities -Use of City Resources:
Access to City work locations and the use of City paid time, facilities, equipment and other
resources by employee organizations and those representing them shall be authorized only to the
extent provided for in Memoranda of Understanding and/or administrative procedures, and shall
be limited to lawful activities consistent with the provisions of this Resolution that pertain directly
to the employer-employee relationship. This authorized access shall not interfere with the
efficiency, safety and security of City operations.
Section 3.03. Administrative Rules and Procedures:
The City Manager is hereby authorized to establish such rules and procedures as appropriate to
implement and administer the provisions of this Resolution after consultation with affected
employee organizations.
ARTICLE IV—DISPUTE RESOLUTION
Section 4.01. Initiation of Impasse Procedures:
If the meet and confer process has reached impasse as defined in Article I, Section 1.02 of this
Resolution,either party may initiate the impasse procedures by filing with the other party a written
Resolution No. 11529 Exhibit A Page 11
request for an impasse meeting,together with a statement of its position on all issues. An impasse
meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of
such meeting shall be:
A. To identify and specify in writing the issue or issues that remain in dispute;
B. To review the position of the parties in a final effort to reach agreement on a MOU;
and
C. If the impasse is not resolved, to discuss arrangements for the utilization of the
impasse procedures provided herein.
Section 4.02. Impasse Procedures:
When agreement is not reached through the meet and confer process,dispute settlement procedures
have been established to facilitate resolution of unresolved negotiation items at impasse. Either
party may initiate the impasse procedures by filing with the other party a written declaration of
impasse, which shall identify all mandatory subjects of bargaining which remain in dispute.
Section 4.03. Mediation:
Upon written declaration of impasse, or at any other time during a meet and confer process,either
party may request mediation within fifteen(15)days. The parties shall only proceed to mediation
upon mutual agreement. All mediation proceedings shall be private. The Mediator shall make no
public recommendations nor take any public position concerning the issue(s). If the parties are
unable to agree on a mediator after a reasonable period of time,they shall select the mediator from
a list of seven(7)names to be provided by the California State Mediation and Conciliation Service,
or if that body for any reason shall fail to provide such list, by the American Arbitration
Association. The parties shall alternatively strike one (1) name, beginning with the recognized
employee organization,until there is one(1)remaining name on the list who shall be the mediator.
Section 4.04. Fact-Finding:
A recognized employee organization may request that the disputed issue(s)identified in the written
declaration of impasse be submitted to fact-finding. If the matter was submitted to mediation,the
request to proceed to fact-finding must be filed no earlier than thirty (30) days, but no later than
forty-five (45) days, after the mediator was appointed. If the matter was not submitted to
mediation, the request to proceed to fact-finding must be made within thirty (30) days after the
written declaration of impasse. If the matter is submitted to fact-finding, the parties will comply
with the provisions of the Meyers-Milias-Brown Act and the Public Employment Relations
Board's regulations concerning fact-finding.
Section 4.05. Implementation of Terms:
If the recognized employee organization fails to submit a timely request for mediation or fact-
finding,the City may implement its last, best, and final offer as authorized by the Meyers-Milias-
Brown Act.
Resolution No. 11529 Exhibit A Page 12
Section 4.06. Costs:
The cost for the services of a mediator and any other mutually incurred costs of any impasse
procedures, including fact-finding, shall be borne equally by the City and Exclusively Recognized
Employee Organization(s). Separately incurred services or costs shall be borne solely by the party
incurring the cost.
ARTICLE V—MISCELLANEOUS PROVISIONS
Section 5.01. Construction:
This Resolution shall be administered and construed as follows:
A. Nothing in this Resolution shall be construed to deny to any person, employee,
organization,the City,or any authorized officer,body or other representative of the City,the rights,
powers and authority granted by Federal or State law.
B. This Resolution shall be interpreted so as to carry out its purpose as set forth in
Article I.
C. Nothing in this Resolution shall be construed as making the provisions of California
Labor Code Section 923 applicable to City employees or employee organizations, or of giving
employees or employee organizations the right to participate in, support, cooperate or encourage,
directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work.
In consideration of and as a condition of initial and continued employment by the City,employees
recognize that any such actions by them are in violation of their conditions of employment,except
as expressly otherwise provided by legally preemptive State or contrary local law. In the event
employees engage in such actions, they shall subject themselves to discipline up to and including
termination,and may be replaced,to the extent such actions are not prohibited by preemptive law;
and employee organizations may thereby forfeit all rights accorded them under this Resolution and
other City law for a period of up to one (1)year from commencement of such activity.
D. Nothing in this Resolution shall be construed as a waiver of any rights unless
expressly and specifically stated.
Section 5.02. Suspension of Recognition:
Recognition of an employee organization may be suspended for:
a) Repeated or continued failure or refusal to comply with the provisions of this Resolution.
b) Intentional furnishing of false information to the City.
c) Violation of any law, contract provisions, court decision or court orders.
Resolution No. 11529 Exhibit A Page 13
Reasonable notice and opportunity to correct violations shall be given prior to suspension under
this Section.
Section 5.03. Severability:
If any provision of this Resolution, or the application of such provision to any persons or
circumstances, shall be held invalid, the remainder of this Resolution, or the application of such
provision to persons or circumstances other than those as to which it is held invalid, shall not be
affected thereby.
All other Resolutions,or parts of Resolutions,in conflict with the provisions of this Resolution are
hereby expressly repealed.
I
Resolution No. 11529 Exhibit A Page 14
EXHIBIT "B"
EMPLOYER-EMPLOYEE RELATIONS RESOLUTION
This Resolution is adopted after consultation in good faith with the current Exclusively Recognized
Employee Organizations consisting of:
City of Orange Police Association (COPA); City of Orange Police Management Association
PMA); International Brotherhood of Electrical Workers (IBEW) Local 47; Orange City Fire
Management Association (FMA); Orange City Firefighters, Inc. Local 2384 of the International
Association of Fire Firefighters, AFL-CIO; Orange Maintenance and Crafts Employees'
Association (OMCEA); Orange Management Association (OMA); and Orange Municipal
Employees' Association(OMEA).
Resolution No. 11529 Exhibit B Page 1