Resolution No. 970RESOLUTION NO.970
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
PROMOTING IMPROVED RELATIONS AND COMMUNICATION BETWEEN
THE CITY OF CYPRESS AND ITS EMPLOYEES.
SECTION 1. STATEMENT OF PURPOSE
A Resolution of the City of Cypress authorized under Chapter 10,
Division 4, Title 1 of the California Government Code (Section 3500 et seq.)
to provide a means to promote full communication between the City of
Cypress (hereinafter referred to as the "City ") and its employees to
provide a reasonable and orderly method of resolving questions regarding
wages, hours and other terms and conditions of employment and procedures
for the recognition of employee organizations.
SECTION 2. DEFINITIONS
Terms used herein that are used in Government Code Section 3500 et seq.
will have the same meaning as in the Code. The below definitions are
additional major terms used in the Resolution.
(A) EMPLOYEE, MANAGEMENT
(1) Any employee having significant responsibilities for formu-
lating and administering City policies and programs including
but not limited to the chief executive officer and department
heads; and
(2) Any employee having authority to exercise independent judgment
to hire, transfer, suspend, layoff, recall, promote, d!scharge,
assign, reward, or discipline other employees, or having the
responsibility to direct them or to adjust grievances or to
effectively 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.
(3) For sworn uniformed personnel of the Police Department: any
employee above the rank of sergeant.
(B) EMPLOYEE, CONFIDENTIAL
Any employee whose duties would give the employee access to
decisions and decision making processes of the City concerning
any matters relating to employer- employee relations.
(C) FAILURE TO AGREE
Failure to Agree means the City Representative and a Recognized
Employee Organization have been unable to reach agreement
concerning a subject over which they are required to meet and
confer in good faith.
(D) EMPLOYEE REPRESENTATIVE
The authorized representative of a Recognized Employee
Organization.
(E) MEDIATION
The use of a neutral third person to assist the City Representa-
tive and a Recognized Employee Organization to voluntarily reach
an accord where there has been a Failure to Agree.
(F) CITY REPRESENTATIVE
The City Manager of the City shall be the City's Representative
in Employer- Employee relations.
(G) RECOGNIZED EMPLOYEE ORGANIZATION
An employee organization that the City has formally acknowledged
as representing the majority of the employees in a Group For
Recognition designated by the City. An employee organization so
recognized shall be the only recognized employee organization
for employees in the Employee Group for Recognition.
SECTION 3. CITY RESPONSIBILITIES AND RIGHTS
To insure that the City is able to carry out its statutory functions
and responsibilities, the following matters will not be subject to the
meet and confer process, but shall be within the exclusive discretion of
the City: the right to direct the work force, to select and determine the
number and types of employees required, to assign work to employees in
accordance with the requirements determined by the City, to establish and
change work schedules and assignments, to hire, transfer and to promote
or to lay off employees for lack of work, to suspend, discipline and
discharge for proper cause, to expand or diminish services, to subcontract
any work or operations, to determine and change methods of operations, to
determine and change at its sole discretion the number of locations,
relocations and types of operation and the processes and materials to be
employed.
SECTION 4. EMPLOYEE GROUP FOR RECOGNITION
In order to be recognized for the purposes of meeting and conferring,
an employee organization must represent a majority of the employees in an
Employee Group for Recognition.
The City has investigated and studied the work assignments and
interests of all City employees. The City has made conclusions based on
this study that there are two separate and distinct Employee Groups for
Recognition that will be the groups most conducive to harmonious
Employer - Employee relations and to the efficient operation of the City.
The two separate Employee Groups for Recognition are
(1) All police department employees, including sworn and
non -sworn employees;
(2) All general government employees including all employees
of the City engaged in general government functions
excluding employees of the police department.
Management and confidential employees may not represent employees
in either of the two Employee Groups for Recognition on matters within
the scope of representation.
SECTION 5. PETITION FOR RECOGNITION
An organization representing employees that seeks recognition as the
majority representative of the employees in an Employee Group for
Recognition shall file with the City Representative a petition containing
the following information:
1. Name and address of the Employee Organization.
2. Names and titles of its officers.
3. Names of authorized employee representatives.
4. A copy of the Employee Organization's constitution or bylaws
which shall contain a statement that the Employee Organization
has as one of its primary purposes representation of the employees
in their employment relations with the City.
SECTION 6. RECOGNITION OF MAJORITY REPRESENTATIVES
The City Representative shall certify that an employee organization
is the recognized Employee Group for Recognition based upon Section 5
and reasonable proof that the organization represents a majority of the
employees in an Employee Group for Recognition.
Nothing herein shall prohibit any employee from appearing in his own
behalf in his employment relations with the City.
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The employee organization recognition rights shall not be subject
to challenge by any competing employee organization until two years from
the date of initial recognition or two years from the date that the last
agreement of understanding was reached, whichever is later.
Professional employees may seek separate recognition through a
professional employee organization.
SECTION 7. DISPOSITION OF FAILURE TO AGREE
Any Failure to Agree as defined in this Resolution will be settled in
the following manner:
1. A mediator will be selected by mutual agreement between the City
Representative and a Recognized Employee Organization, and if
they cannot agree then he shall be chosen by the Chancellor of
the University of California at Irvine. The mediator selected
will meet with the parties in private to aid in a voluntary
adjustment of the Failure to Agree.
The mediator shall make no findings, or public recommendations
or positions. His powers will be strictly limited to his efforts
to aid the parties to a voluntary accord.
2. In the event that mediation of the Failure to Agree fails, the
issue will be submitted to the City Council for its
determination.
SECTION 8. QUESTIONS CONCERNING SCOPE OF REPRESENTATION
In the event that there is a dispute over the scope of representa-
tion or whether a matter is subject to meeting and conferring in good
faith and the parties do not voluntarily resolve that dispute, the
matter will be submitted to the Attorney for the City who shall make
recommendations to the City Council for its final determination.
SECTION 9. ADOPTION OF RESOLUTION
This Resolution is adopted after consultation in good faith with
the Cypress Employees Association and the Cypress Police Association
which are the only employee organizations having members in the
employment of the City.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on thel2th day of May, 1969.
ATTEST:
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LERK OF `THE CI O
CITY OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
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MAYOR OF THE CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was adopted at a regular meeting of the said
City Council held on thel2th day of May, 1969, by the following roll call
vote:
AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode
NOES: 0 COUNCILMEN: None
ABSENT:O COUNCILMEN: None
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CITY CLERK OF TH!E CITY OF CYPRESS
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