JAKLAND CITY

55881

RESOLUTION No
INTRC OUCED

COUl
IL
C M S

BY COUNCILMAN

RESOLUTION REPEALING RESOLUTION NO

AND RESOLUTION NO

53038 C M S

AND

52073 C M S

ADOPTING

RULES AND REGULATIONS GOVERNING EMPLOYER EMPLOYEE

RELATIONS IN THE CITY GOVERNMENT

WHEREAS
rules and

adopted
City Government

on

March 2

52073 C M S
relations in the

and

on

amended Resolution 52073 C

March 22

M S

in the above resolutions are necessary

City Government

RESOLVED

hereby repealed

1973

53038 C M S

Resolution No

and

revisions to

WHEREAS

are

Resolution No

regulations governing employer employee

WHEREAS

relations in the

1972

now

existing rules and regulations set forth

to promote improved employer employee

therefore

be it

Resolution Numbers 52073 C M S

and 53038 C M

and be it

public policy of the Municipal

good
government and those employed
government
by it and to protect the public by assuring the orderly and uninterrupted operation
and services provided by the Ciiy
To that end and pursuant to Section 3507 of the
Government Code the following rules and regulations are hereby adopted
FURTHER RESOLVED

to maintain

Section 1

following

terms

It is the

relations between that

Definitions

shall have these

For the purpores of this Resolution

the

meanings

Employee Organization

shall be

as

of the Government Code of California

hereinafter referred to

as

Meyers

defined in Section 3501

commonly

Milias

Brown

known and
MMB

Act
b

Confidential

Employee means any employee

the management decision making discussions
affecting employer employee relations

the

who is

privy

to

and memoranda

City Manager

and

Employee Relations Officer

his designated representative

Management Employee means an employee having significant

responsibilities for formulating and administering City
policies procedures and programs including but not limited to
assistant
the City Manager his staff all department heads
department heads and division chiefs as designated from time to
time by the City Manager

means

or

j
800

24

Consult

means to

for the purpose of

Employee

as

Professional

and

presenting

means

of Oakland

orally and
exchanging

communicate

or

in

writing

views

any person who is

designated by
employee

the

employed by the City

Employee Relations Officer

shall be

as

defined in Section 3507 3

of the MMB Act

h

Recognized Employee Organization means an employee organiza

have the right to meet and confer in good faith
the
with
Employee Relations Officer or other designated
representatives of the City
tion which shall

Appropriate Vnit means a grouping of employees by class

appropriately represented by one employee

which may be

organization
Meet and confer in

to the

subject

good

faith

refers to the

matter within the scope of

procedure and
representation provided

therefor in the MMB Act

Majority Representative means an employee organization

granted formal recognition as representing the
majority of employees in an appropriate unit and thereby is
the recognized employee organization for such unit

which

has been

Supervisor or supervising employee means an employee

responsibility for supervising the work of others or
who has authority to exercise independent judgment in the assigning
of tasks to subordinates
in directing their work or in transferring
them
or
or in adjusting their grievances
Pending
SUEl
evaluating
or who has the authority to recommend action in connection with
hiring discharge and disciplinary matters

who has

The

Employees

City Manager shall from time to time designate Management

Employees and Supervisory Employees

Confidential

Section 2

The City Manager or his

Employee Relations Officer
designated representatives shall represent the City in employer employee relations
All recognized employee organizations shall be notified of any such designation

Section 3

subjects preempted by

Federal

Federal

or

State and City Preemption

Any and all
State law or by the City Charter are excluded

from the scope of the meet and confer

process

Section 4

It is the exclusive right

City Responsibilities and Rights
to
determine
the
responsibility
City
organization of its activities to determine
the mission of each of its
organizational units to set standards of service to
determine and enforce the required levels of employee skill and
performance and
to exercise control and discretion over its
It is also
organization and operations
the exclusive
right and responsibility of the City to assign reassign and direct its
employees and the use of its equipment and vehicles to take
action for
ldiinsarciJy
to terminate
proper cause
employees for lack of funds or work or other legitimate
reasons
and to determine the means
number and kind of
personnel by which
the City s
are
to
be
It
is
conducted
also within the
operations
City s exclusive
right and responsibility to contract any work or operation permitted under the City
Charter and to take all
necessary actions in emergencies to carry out its functions
The City will
consult
on the
practical consequences of contracting any
work or operation permitted under the
City Charter

and

of the

The

City

shall not be

and

required to meet and

employee rights as

rights
City responsibilities
5 respectively
Proposed amendments
or

on

scope of the meet and confer process

confer in

good

faith

on

defined in Section 4 and

to this Resolution are excluded from the

but

are

subject

to consultation

City employee shall have the

Nothing in this Resolution shall
rights
be construed to restrict the right of an individual employee to present matters
involving his personal employment relationship to management provided that any
action taken is not inconsistent with the terms of a memorandum of understanding
then in effect which applies to such employee
Employee Rights

Section 5

Each

set forth in Section 3502 of the MMB Act

Section 6
shall

represent fairly

represented
race

all

and shall not

creed

color

sex

Section 7

Each employee organization

Represent
employees wlthm its organizational unit who wish to be
discriminate on the basis of organizational membership
or national origin

Responsibility

to

Prohibition

Against Discrimination
discriminate for or against any employee organization or its
his free choice
any way coerce qr influence any employee in
join any employee organization nOr shall it discriminate on
creed
sex
or national origin
color
Section

tion which desires to be

the

Relations

Employee
indicating

The

City

members
to

join

or

shall not
nor

in

not to

the basis of

race

Each
Registration of Employee Organizations
organiza
as
an
shall
file with
registered
employee organization
Officer a statement
signed by its principal officer

Name and

Names and titles of

mailing

address of the

oTltanization

organization
officers

Any employee organization whose membership consists of City

employees may represent its members in consultation with the Employee Re1a
tior

Officer and before the

City

Council with respect to matters within the scope

representation but the Meet and

recognized employee organizations

of

Confer

process will be available

only

to

Each such

principal
on

race

officer
color

that
creed

organization shall submit a statement signed by its

the organization has no restrictions on membership based
national origin or sex

Proof of

Proof that

employee
organization represents City employees
by employee authori
zation forms
furnished by the City
and signed and dated by the eligible
within
60
employees
sixty
days prior to the submission of such authorization
forms
Only authorization forms of persons currently employed at the time
is
submitted shall be counted
proof
Section

Repres

enta tion

an

shall be evidenced

Section 10

Time for P titi6n and

Recognition Petitions seeking

recognized employee organization status and containing such information as is
described in Section 11
may be filed with the City identifying the representation
unit for which
The Employee Relations Officer shall
recognition is sought

the validity of each such initia l p e tition within fifteen 15 daYB after
the last date oC the filing period
If an election is not
required the recognized
employee organization shall be formally acknowledged within thirty 30 days
after such determination
If an election is required
it shall be held within
dc termine

days after sudl determination with respect to the additional petition

the results shall be determined and announced within thirty 30
petitions

thirty
or

days

30

after such election

mined

shall be

and the

recognized employee organization so deter

formally acknowledged within thirty 30 days after such

determination

section

by

Employee organizations may appeal adverse decisions under this

Employee Relations Officer to the City Council who in their

the

discretion

may hear the

Section 11

appeal

Or

refer it to

sub

committee thereof

Certification of

Employee Organizations Any employee

as a recognized employee organization
organization
in addition to complying with the requirements of Section
9 shall file with the
Employee Relations Officer a petition signed by its presiding officer
showing
which desires to be certified

The

name

The

name

the

of the

representative

one

by its principal officer that the organization has

primary purposes representation of employees
employment relations with the City

in

heir

description
representation unit
proposed unit

has
tion
s

enta tion unit

membership
origin
on

on

race

color

has

creed

no

restriction

sex or

national

petition shall be accompanied by appropriate evidence that

the employee organization has in fact been designated by at
least 20
of the employees in the proposed representation unit
Such evidence shall consist of signed forms furnished by the
City and signed by eligible employees and dated within sixty
60 days prior to the filing of the petition authorizing such
The petition and the accompanying evidence
representation
shall be verified in writing by the chief officer of the employee
or ganization as true and accurate

Section 12

has

employee organization

based

The

petition

and

general composition of the proposed

the number of employees in the

by the employee organization to the effect that it

been designated as a representative employee organiza
lest
0 of the employees in the proposed repre
200
by at

A statement that the

the

of the

A statement

notice upon

of the

and of

of its

as

A clear

principal officer
employee organization

address and title of each

A statement

petition

employee organiza tion

Employee
the

Notice of
Relations

Filing

Petition

official bulletin board in the

bee
filed

Upon

Officer Bhall within ten

City

Clerk

ipt oC a Section 11
10 working days post

rec

office that Buch

Section 13

Appropriate

Units
Representation units shall be
Relations Officer from time to time
In
making

the

designated by
Employee
such designations
and in allocating new and existing classes to
Employee Relations Officer shall consider the following factors
although the principal criterion shall be whether or not there is
interest among the employees comprising the proposed unit
Will the

proposed
rights

exercise of

of

other

the

history
employees of
generally

of the
d

by

employees

City

and

upon

sound

on

the efficient

employee employer

determination of the
heard

by the City

Employee

Council

or

committee thereof

specific

freedom in the

operation

relations

Will the criteria result in the broadest feasible units

Appeal from the

appropriate units shall be

forth the

among others
a
community of

employee relations in the unit among

City and in similar public employ

What will be the effect of the unit

to

assure

the

set forth under this Resolution

What is the

ment

as

unit

units

Relations Officer

in its

upon written request of the employee

reasons
upon which the appeal is based

discretion

organizati on

setting

Section 14

apply to formation
appropriate units
a

of

for

Membership in Units The following limitations shall

and membership in
recognized employee organizations
of
purposes
representation

An

employee shall not be represented by more than one

employee organization for the purpose of representation

Confidential
includes

non

Professional

employees

shall not be included in any unit which

confidential employees

employees

shall have the

in any unit which includes

d

non

right not to be included

professional employees

Neither

Management Employees nor Confidential Employees

an
employee organization which includes non
or
non
confidential employees
in consulting with
management
or in
meeting and conferring with the Employee Relations Officer
shall represent

Management employees shall not

as non management employees

be included in the

same

unit

Section 15

If the Employee
Recognition of Valid Petitions
Relations Officer determines that a valid Section 11
petition has been filed he
shall then determine the
A petition
percent of proof of employee approval

accompanied by proof

of

employee approval

tion unit shall be certified

of

employee approval by

as

at least

unit will not be acted upon

of

valid petition

0
200

of the

0
200

or more

petitions

employees

not

within the representa

accompanied by proof

within that

representation

The
cation of valid

shall post notice of his

Employee Relations Officer

petitions

on

the official bulletin board in the

City

certifi

Clerk

A secret ballot election shall then be held among the holders of valid

by

the

City

Clerk

or

other disinterested person

members of the

Eligible

afforded the

employee

opportunity

orp anization

to vote

Office

petitions

office

Or

particular representation

if any

unit will be

secret ballot to determine which

by

of those

appearing on the ballot

To become the recognized employee organ
ization for a designated representation unit
the employee organi
zation must receive a
of
the
votes
cast
and the total of
majority
the votes cast must constitute at least 51
of the total possible
shall represent them

votes

in the unit

Eligible
whose

voters shall be those

names

employees in the appropriate unit

appeared on
payroll in the month immedi
the call of election as employees in said unit
the first

ately prior to
including those

shown

as

on

vacation

or

other authorized leave of

absence

Every

ballot for such election shall contain

in addition to the

organization

choice of

no

of each

employee organi
If
no
qualified for a place on the ballot
of
the
cast
receives
a
votes
no
organization
majority
employee
representative shall be recognized for the unit
names

zation which has

Each election shall be

established to

fonducted by
fraud

guard against

rules and

mistake

procedures
ineligible voting

and

the like

If

of the ballot choices receives

none

cast

run

receiving
f

the

of the

employees

in the

in the election

nullity and no further

period of one year

minimum

majority

of the votes

number of votes

cast their ballots

declared

highest

If less than 51
to vote

off election shall be held between the two choices

appropriate

unit

eligible

the election shall be

election shall take

place

for

Any costs incurred in conducting elections shall be borne

equally among the involved employee organizations and tbe City
of Oakland

Each

employee organization

authorized

counting

one

of votes

atives and

one

included

on

the ballot shall be

official observer to observe the

A committee of two

voting

and the

management represent

of each

representative
employee organization
special procedures needed for

involved shall establish any

conduct of tbe election

The

employee organization
provided

cast and counted

the total

receIvIng

majority

of the votes

that these constitute at least 51

formally acknowledged as the

recognized employee organization for the designated appropriate

Unit

possible

vote

shall be

so

of

16

Section

A formally
Recognition
acknowledged employee organization representing an appropriate unit shall
c ontinue such
representation from year to year following such formal acknowledge
ment pursuant to the following procedures
a

Reconsideration of

acknowledged employee organization may withdraw from

such representation at any time upon filing written notice
thereof with the Employee Relations Officer not less than
Such

days preceding

30

said date of withdrawal

the MOU between such

employee organizat

shall terminate effective

During

the

date of

case

City

the date of withdrawal

days and 120 days prior to the expiration

Understanding and prior to the third
and subsequent anniversary dates of a Memorandum of Under
standing of longer duration than three years Section 11
petitions may be completed and filed by employee organizations
which seek to replace a recognized employee
organization
with respect to the appropriate representation unit which
is represented by such recognized employee organization and
or which
petitions may propose a modified unit to include some
all
or
of the employees in said unit and some other employees
Such petition shall be evaluated and processed pursuant to Sections
11

on

In such

ion and the

period

150

Memorandum of

13 and 15

Annually between October 1 and December 1 each formally

acknowledged employee organization representing an
appropriate unit to qualify for continued formal acknowledge
ment as such
shall provide the Employee Relations Officer
with such information

he may

as

there has been any

require

as

to whether

in the facts and information

or

not
file in

change
petition as to what the change or changes
and as to current
is and shall state the changed information
is
the
appropriate evidence that it
designated organization
least
the
The
at
of
300
representing
employees in the unit
declare and notify
Relations
Officer
Employee
may formally
the organization that it no longer is a recognized employee
organization promptly upon its failure to comply with these
requirements
support

of its

on

Section 11

City Manager at any time for appropriate reasons including

substantial changes in City functions
organizational structure
or
a
reconsideration
of the
job classification may initiate
recognition of an employee organization by proposing a new or
modified
appropriate representation unit or units and require
an election
pursuant to the procedure set forth in Section 15
to determine which employee organization or
no organization
the
in
unit
shall represent
the proposed
or units
employee
In such cases
the City shall bear the cost of an election

During

the

date of

The

period

150

days

Memorandum of

and 120

days prior
and

to the

expiration
to the third

Understanding
prior
subsequent anniversary date of a Memorandum of Understanding
of longer duration than three years
a Section
l1petition may be
a
and
filed
of
by
group
completed
employees equaling not less
than 30
of the unit requesting decertification of the recognized
employee organization involved in which the affected employees
and

work

Withdrawal of

Section 17

Recognition
Upon the refusal
of an employee organization
recognized employee organization or the members
to comply after
officers or representat ves thereof or of City employees
written notice with these Rules and Regulations insofar as they apply to such
organization members officers representatives or employees the Employee
Relations Officer shall withdraw City recognition of such organization or indivi
or

duals for purposes of the meet and confer process

On and after the
Pay Check
effective date of these Rules and Regulations
only a recognized employee
be granted permission to have the regular dues of its members
organization may
deducted from their pay checks in accordance with procedures prescribed by
however
that this shall not preclude
the City and the Finance Director provided
the continuation of dues check off heretofore granted to any employee organiza
Section 18

Dues Deduction From

tion

specified amount or in accordance

with specific
provisions
employee organization s constitution or by laws
and shall be made only upon the voluntary written authorization of the
member
Such authorization is to continue in effect until cancelled upon voluntary
notice or as other
written notice by the member to the City effective after 30 days
wise agreed in an applicable Memorandum of Understanding
Dues deduction shall be for

of

dues

an

Dues deduction authorization

cards

provided

authorized

or

by

the

or

cancellation shall be made upon

City

employee s earnings must be regularly sufficient after

other legal and required deductions are made to cover the amount of the dues
When a member in good standing of the recognized employee
check off authorized
is
in
a non pay status for an entire pay period
no dues withholding
organization
shall be made to cover that pay period from future earnings nor shall the member
deposit the amount with the City which would have been withheld had the member
been working during that period
If such an employee is in a non pay status during
a
portion of the pay period and the earnings are not sufficient to cover the
All other legal and
full withholding
no dues deduction shall be made for him
required deductions shall have priority over employee organization dues
An

office

Or

by

designated

in

agency

organization
address

Dues withheld

as

the person

the Finance Director

writing by

shall be transmitted to the

the proper officer of the

employee

agency authorized to receive such funds

at the

sl ecified

employee organization which receives dues check off shall

indemnify defend and hold the City of Oakland and its officers and employees
harmless against any claims made and against any suit instituted against it or
them on account of check off of employee organization dues
Each such
shall
the
amounts
refund
to
of
Oakland
employee organization
any
paid to it
City
in error
upon presentation of supporting evidence
Each

Section 19

Employee Representation at Meetings

recognized employee organization may select representatives for the
purpose of meeting and conferring
according to the following guidelines
Reasonable

Each

Total

100

101

400

representatives
representatives

than 400

representatives

membership
more

The above number is exclusive of

if any

representative

and other
time

tea m

paid

of the

Representatives
and Confer

City employee

a non

such there be

recognized employee organizations

Employee Relations
during regular business hours without

Meet

shall be entitled to meet with the

management officials

Officer
loss of

provided
a

That

City employee representative shall leave his duty

or
assignment without the specific prior approval
department head or the latter s designated representative

no

station
of his

Nothing provided

and

management
before

or

herein shall limit

or

restrict the

right

of both

groups to meet and confer either

day as a matter of mutual

employee
regular working

after the

convenience
Officers of

recognized
shall be
representatives
officially designated
employee organizations
for
the
to
work
locations
purpose of contact
employee
granted reasonable access
ing members concerning business within the scope of representation
Access to Work Location

Section 20

and their

Such officers
co

sen1 of the

sh

department

employees

or

head involved

shall enter

granted only if it does not interfere

safety and security requirements
Solicitation of

work location

0I11y

with the

designated representative
with work operations
or with

ll he

lished

Access

his

or

City employees relating

to the internal

estab

management

soliciting membership
employee organization
literature
and
conducting elections shall not
campaigning for offices distributing
be permitted during working hours unless specifically authorized by the department
of

such

an

dues collection

as

head
Use of Bulletin Boards

Section 21
tions may

use

ment h ad ih the
a

City offices under

the

All materials to be

department
b

Recognized employee organiza

designated for the purpose by the depart
following conditions

of bulletin boards

portion

posted

must

receive the

prior approval

of the

head involved

All materials

must

posted

identify

the

organization

and

must

be

dated

unless

in

made with

Materials which the

or

department

head considers untruthful

No material

derogatory

to the

rnisJ8ading

Relations

libelous must first be cleared with the

Officer

posted will be removed at the end of 30 days

particular instances special arrangements are
the department head

All material

Employee
City shall be posted

employee organization which does not abide by these

conditions may forfeit its right to post material on City
ltions
ReJ
bulletin boards as determined by the Employee
An

22

Section

of

the

require
adoption
organization
employee

an

Advance Notice
urgency

Except

ordinance

by

under such conditions

the Council

each

Officer

might
recognized
as

shall receive reasonable advance written notice of any

regulation directly relating to matters within the

and each such
scope of representation proposed for adoption by the Council
For the
organization shall be given the opportunity to appear before fhe Council
first
shall
constitute
reading
purpose of this section ten calendar days prior to
ordinance

re

olution

reasonable notice

rule

or

10

In

of emergency when the

cases

commissions determine that ordinance

governing body
resolution

rule

or

boards and

regulation must be
adopted immediately without prior
meeting with a recognized employee
the
or
such
and commissions shall provide
boards
organization
governing body
to
such notice and opportunity
meet at tne earliest practicable time following the
rule
of
such
ordinance
resolution or regulation
adoption
or

notic
or

Section 23

recognized employee organization

representative
to

conditions of

records

nor

to be Made

Publications

employment

City

Available

shall

Upon request

of

make available to its

provide or
departmental publications relating
Neither confidential
periodically are published
are to be made available to such employee organ

copy of those non

which

confidential studies

tne

confidential

ization

Section 24

Nonapplication of Labor Code Section 923

and Regulations shall not be construed as making
of the Labor Code applicable to City employees

ment of these Rules

sions of Section 923

Section

effective

on

previous

fiscal year

shall

start

July

annually
ion
Sect

In order that

25

1 of the

ensuing

The
on or

26

members of the Police

April

the

provi

memorandum of agreement become

fiscal year

Meet and Confer

about

The
or

The enact

it must be

signed by June 20 of
for the ensuing budget

the

process

year

provisions of this
Fire Departments

resolution shall not

apply

to

sworn

IN COUNCIL

PASSED

BY

OAKLAND

THE

COTO
AYES

FOLLOWING

tmALVO

NOOE
NONE

ABSENT

600

243

JI7l

19

VOTE

ENG MAGGIORA
AND

NOES

SEP 28 1975

CALIF

OGAWA

ROSE

SUTTER

VUKASIN

PRESIDENT READING

CITY

OAKLAND

MEMORANDUM

TO

Office of the

ATTN

Ceda

FROM

Employee

DATE

June 3D

RE

Resolution

On

Thursday

City Clerk

Floyd
Relations

1995
55881

Notice of

Filing

of Valid Petition

June 29 1995 in accordance with Section 15 of Ordinance 55881

determined that the

petition

for certification

as a

recognized employee organization

from the International Federation of Professional and Technical

Engineers

Local 21 for

Section 15 of the same Ordinance

proposed representation of Units Hand W is valid

requires that a notice of such certification be posted upon the official bulletin
the City Clerk s Office Attached is the appropriate notice for posting
Please contact me should you have any

Cl

1cCORMICK
ii
JiM

tJ

t
CL

Human Resource

Manager

questions

board in

NOTICE

IN ACCORDANCE WITH SECTION 15 OF CITY OF

OAKLAND RESOLUTION NO 55881 C M S NOTICE IS
HEREBY GIVEN THAT THE INTERNATIONAL
FEDERATION OF PROFESSIONAL AND TECHNICAL
ENGINEERS LOCAL 21 HAS PRESENTED A VALID
PETITION FOR CERTIFICATION OF EMPLOYEE

ORGANIZATION TO THE CITY OF OAKLAND

PURSUANT TO SECTION 15 OF THE ABOVE
ORDINANCE A SECRET BALLOT ELECTION SHALL BE
HELD WITHIN THIRTY 30 DAYS AMONG ELIGIBLE
EMPLOYEES IN REPRESENTATION UNITS HAND W
TO DETERMINE IF LOCAL 21 SHALL REPRESENT
SUCH EMPLOYEES OR NOT

tf

AMES R McCORMICK
EMPLOYEE RELATIONS OFFICER
JUNE 30 1995

CITY

OAKLAND

MEMORANDUM

TO

Office of the

ATTN

Ceda

City Clerk

DATE

Floyd
Employee Relations
July 5 1995

RE

Resolution

FROM

55881

Notice of Filing of Valid Petition

On

Friday June 30 1995 in accordance with Section 15 of Ordinance 55881 I

determined that the petition for certification as a recognized
employee organization
from the International Federation of Professional and Technical
Engineers Local 21 for
of
is
proposed representation
Unit A
valid Section 15 of the same Ordinance requires
that

Clerk

notice of such certification be posted upon the official bulletin board in the
Office Attached is the appropriate notice for

posting

Please contact

AM

me

should you have any

kt

McCORMICK
Human Resource Manager

questions

City

NOTICE

IN ACCORDANCE WITH SECTION 15 OF CITY OF

OAKLAND RESOLUTION NO 55881 C M S NOTICE IS
HEREBY GIVEN THAT THE INTERNATIONAL
FEDERATION OF PROFESSIONAL AND TECHNICAL
ENGINEERS LOCAL 21 HAS PRESENTED A VALID
PETITION FOR CERTIFICATION OF EMPLOYEE
ORGANIZATION TO THE CITY OF OAKLAND
PURSUANT TO SECTION 15 OF THE ABOVE

ORDINANCE A SECRET BALLOT ELECTION SHALL BE

HELD WITHIN THIRTY 30 DAYS AMONG ELIGIBLE
EMPLOYEES IN REPRESENTATION UNIT A TO
DETERMINE IF LOCAL 21 SHALL REPRESENT SUCH
EMPLOYEES OR NOT

r
j MES

J
c2

R McCORMICK

EMPLOYEE RELATIONS OFFICER

JULY 5

1995