Resolution No. 3163429
RESOLUTION NO. 3163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS AMENDING RESOLUTION NO. 970, PROVIDING
FOR RECOGNITION PROCEDURES IN THE RIVAL UNION
CONTEXT.
WHEREAS, the City Council of the City of Cypress has
heretofore adopted its Resolution No. 970, entitled "A
Resolution Of The City Council Of The City Of Cypress Promoting
Improved Relations And Communication Between The City Of
Cypress And Its Employees;" and
WHEREAS, in said Resolution No. 970, as amended from time
to time, the City provided for recognition of employee
organizations based upon reasonable proof of majority support,
but did not expressly provide for recognition where more than
one employee organization purports to have majority support
among an employee group; and
WHEREAS, in response to a petition for recognition by a
rival employee organization, the City Council on an expedited
basis directed the City Manager to draft a suitable resolution
providing for recognition procedures in the rival union
context; and
WHEREAS, the City Manager has discharged the City's
obligation to meet and confer with the employee organizations
involved, and has recommended to the City that the following
amendment to said Resolution No. 970 be implemented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS
HEREBY DOES RESOLVE as follows:
SECTION 1: Section 6 of said Resolution No. 970, as amended,
is hereby amended to read as follows:
SECTION 6: RECOGNITION OF MAJORITY REPRESENTATIVES.
(a) The City Representative may 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.
(b) If the City Representative determines that
an employee organization has not presented reasonable
proof of majority support or otherwise is not entitled
to recognition under this Resolution, either because
of conflicting claims by other employee organizations
or for any other reason in the City Representative's
sole discretion, the City Representative may arrange
for a secret ballot election among affected employees
to be held at a reasonable time and at a suitable
location at the City's facilities. All employees who
are employed in the Employee Group For Recognition in
question on the day of the election, other than those
casually or temporarily employed, shall be entitled to
vote in accordance with reasonable rules for
determining such status to be promulgated by the City
Representative. The ballots shall be secret, and
shall permit voting employees to select any employee
organization from those qualified to appear on such
ballot pursuant to this Resolution, or to indicate
their preference to be represented by no such employee
organization. Each employee organization qualified to
be on such ballot shall be entitled to designate one
member employed by the City to act as official
election observer and to be present at all times
during the voting and the opening and counting of the
ballots. The City representative shall take all
reasonable measures to guarantee a free and fair
election, and to assure the integrity of the balloting
procedures.
'j0
(c) If one employee organization receives a
simple majority of all votes cast in any such
election, it shall be recognized as the exclusive
Recognized Employee Organization for all employees
within the Employee Group For Recognition for purposes
of meeting and conferring in good faith on matters
within the scope of representation for all employees
in such Group. If a majority of the employees in such
election indicate their preference not to be
represented by any employee organization, then the
City Representative shall withhold recognition of any
employee organization to the extent permitted by law.
If no employee organization receives a majority of the
ballots cast in such election, and a majority of the
employees voting have not indicated their preference
to be represented by no employee organization, then
the City Representative may conduct a second runotf
election among the two leading choices reflected on
the ballots in the first election.
(d) Nothing herein shall prohibit any employee
from appearing in his own behalf in his employment
relations with the City, but only to the extent
permitted by law.
(e) 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 the
last memorandum of understanding was reached,
whichever is later.
(f) Professional employees may seek separate
recognition through a professional employee
organization.
SECTION 2: SEVERABILITY: If any section, subsection,
subdivision, sentence, clause, phrase or portion of this
resolution, or the application hereof to any person or place,
is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of such
resolution or its application to other persons or places. The
City Council hereby declares that it would have adopted this
resolution, and each section, subsection, subdivision,
sentence, clause, phrase or portion thereof, irrespective of
the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases or portions, or the
application thereof to any person or place, be declared invalid
or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of
Cypress, at a regular meeting held on the 10th day of November
1986.
ATTEST:
/
CITY CLE
CYPRESS
OF `PHE CITY OF
MA
Y OF CYPRESS
431
STATE OF CALIFORNIA)
SS
COUNTY OF ORANGE )
I, Darrell Essex City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted
at a regular meeting of the said City Council on the 10th day
of November 1986, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and
NOES: 0 COUNCIL MEMBERS: None Lacayo
ABSENT: 0 COUNCIL MEMBERS: None
CIT1CLERK`,OF THE CITY OF CYPRESS
432