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HomeMy WebLinkAboutcc min 1976/04/21 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA Held Wednesday April 21, 1976 An adjourned regular meeting was held on the above date beginning at 3:00 p.m. in the Council Conference Room, City Hall, 276 Fourth Avenue, with the following Councilmen present: Mayor Hamilton, Councilmen Egdahl, Hyde, Scott (arrived late) Councilmen absent: Councilman Hobel Staff present: City Manager Cole, Assistant City Manager Asmus, Assistant City Attorney Beam, Assistant to the City Manager Wittenberg Mayor Hamilton opened the meeting at 3:25 p.m. opening the public hearing on consideration of the revised Employer-Employee Relations Policy. Introduction of Mr. "Bud" Bigge was introduced to the Council. He Director of Personnel said he feels comfortable with the Relations Policy as written and the comments made by the staff in response to those areas disputed by the Police Officers Association, Fire Fighters and Employees Association. DEFINITION OF Sergeant Cox (Police Department) read an excerpt SUPERVISORY EMPLOYEE from the 1973 National Advisory Commission on Criminal Justice Standards and Goals defining Supervisory employees and unit determination which he felt were one and the same. The Policy does not spell out who is and who is not a supervisory employee. The Association would like to have the following sentence added: "Employees whose duties are substantially similar to those of their sub- ordinates shall not be considered to be super- visory employees.'' In answer to Councilman Hyde's query, Mr. Asmus remarked that adding the sentence would not help the problem - it would add to the confusion. Sergeant Cox explained that the basic concern of the association was that the sergeants and lieutenants will be cut off from the bargaining unit. The whole intent is to keep the association as one unit; however, at the same time, they recognize what is happening throughout the United States with police strikes, etc. The reason they want it spelled out is so they can deal with that. Review of policy Mayor Hamilton suggested having an annual review of the policy by either the association or the staff. Sergeant Cox said he would agree to this, since they are concerned about future personnel in staff and Council who may have a different philosophy than the present members. Motion for staff's acceptance It was moved by Councilman Hyde, seconded by Mayor of Supervisory Employee (3A-20) Hamilton and unanimously carried by those present that the staff proposal in regard to Supervisory Employee be accepted. City Council Meeting -2- April 21, 1976 Definitions As used h6rein, the following terms shall have the indicated meanings: SUPERVISORY EMPLOYEE means any employee who has authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their 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. RIGHTS OF THE CITY (4B-6) Donald Byrum, representing the Fire Fighters, declared that they are objecting to the manning portion of the section. Two years ago, they were told that manning was not a negotiable item. For this reason, they would like to have deleted in this section "the numbers and kinds of personnel." (Councilman Scott arrived at this time - 4:00 p.m.) Discussion of terminology A general discussion ensued in which it was con- curred that although management had the right to determine manning, the Fire Fighters could bring this up as a negotiable item if they could prove that manning was related to safety, workload and any other relevant supportive evidence. Motion to accept draft language It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried by those present that the draft language in reference to 4B-6 & 4C (Rights of the City) be accepted. Rights of the City The exclusive rights of the City shall include, but not be limited to the right to; Determine the methods, means, numbers, and kinds of per- sonnel, and the job or position content, required to accomplish the objectives and goals of the City. The establishment or exercise of City rights shall not be subject to meeting and conferring, provided however, a certified employee organization shall not be pre- ~luded from meeting and conferring with representatives of the City when the consequences of decisions on mat- ters of City rights directly affect wages, hours, and other terms and conditions of employment. RIGHTS OF EMPLOYEE ORGANIZATIONS Sergeant Cox noted that the Association's concern AND CERTIFIED EMPLOYEE ORGANIZATIONS was for continuation of an organizational bulletin (6A) board at work locations. Mr. Asmus reported that this has been resolved and included in the Policy. PETITION FOR CERTIFICATION Sergeant Cox expressed the Association's concern AND UNIT DETERMINATION (8C) in requesting that this section be deleted. He stated, however, that given the same assurance that the Policy will be reviewed at least on an annua) basis, the Association would not pursue this item. Draft language of It was moved by Councilman Egdahl, seconded by 8C accepted Councilman Hyde and unanimously carried by those present that the draft language be accepted for 8C. City Council Meeting -3- April 21, 1976 Petition for Certification and Unit Determination The Municipal Employee Relations Officer may initiate determination of such other appropriate representation units as he may consider necessary based upon criteria contained within this Policy. CRITERIA FOR DETERMINING Assistant City Manager Asmus explained that this REPRESENTATION UNITS (9B) particular section was diSCUSSed at length with Sergeant Cox and the Association's attorney. Mr. Lindber9, the City Attorney, also reviewed the section, and no one could interpret it the same. The draft language presented to the Council is what the staff believes the Government Code Section 3508 means. Mr. Asmus further explained that the section stipulates that "peace officers shall be included in a unit or units consisting solely of peace officers..." and therefore, if they wanted to join the Teamsters Union, for instance, they would not be able to. Sergeant Cox mentioned the word "subordinate," explaining that if they were to join the Teamsters and were not subordinate to that organization, they would comply with this section of the Policy. He added that the City cannot preclude the peace officers from belonging to any organization of their choice. Discussion A general discussion followed in which the Council and staff discussed the significance of having the section delineated in the Policy. Mr. Asmus commented that he believes the whole matter will be clarified within one or two years by the State legislation. Motion to adopt It was moved by Councilman Scott, seconded by draft language of 9B Councilman Egdahl and unanimously carried by those present that the staff's draft language for 9B be adopted. Criteria for Determining Representation Units Notwithstanding the foregoing provisions of the section, peace officers shall be included in a unit or units consisting solely of peace officers and shall not participate in any employee organization(s) or be represented by any employee organization{s) subordinate to any other organization; management em- ployees shall be in a unit consisting solely of management employe~s; confidential em- ployees shall only be in a unit consisting solely of confidential employees~ super- visory employees shall not be denied the right to be represented in a separate unit from non-supervisory employees; and pro- fessional employees shall not be denied the right to be represented in a separate unit from non-professional employees. IMPASSE PROCEDURES Donald Byrum, representing the Fire Fighters, stated (14B, C) that there was no statement in the section that gives any solution to an impasse. City Council Meeting -4- April 21, 1976 The Fire Fighters are suggesting as an alternate, a "last best offer" which would be submitted to the Civil Service Commission for action. This would not be bringing in any outside third party from the State. Councilman Scott's opinion Councilman Scott commented that this area was a delicate one and would be handled best in nego- tiations rather than made a part of the Policy. He remarked that where there is going to be labor negotiations and there is a State law that the employees cannot go out on strike, then those employees who do strike should be terminated. On the other hand, if they do not have the right to strike, there should be some way to settle the disputes - whether by Civil Service Commission, Council or the electorate. Mediation Mr. Byrum declared that the Fire Fighters would accept this section if one change were made - on mediation. They do not want to see the City having the right to refuse mediation. Discussion Director of Personnel Bigge explained that both parties must agree - in good faith - for mediation. If both paries are not agreeable, then it is meaningless to have this section in. It was noted that the Fire Fighters or any other association still had the right to come before the Council. Mr. Byrum felt disputes of the employees could not be aired satisfactory at a public hearing before the Council. Attorney Beam remarked it would be a public meeting, not a public hearing. Edward Ybarra Mr. Ybarra read a statement prepared by the Chula Vista Employees President of the organization whereby he stated Association that the lack of advisory arbitration takes away the employees right of fair treatment. Mr. Ybarra added that the association agrees with the state- ments made by Mr. Byrum. Draft language of staff It was moved by Councilman Hyde, and seconded by accepted Councilman Egdahl that the staff language regarding the Impasse procedures (14B, C) be accepted. ~mpasse Procedures B; If the impasse is not resolved following the impasse meeting, then the City and the certified employee organization may agree upon the appointment of a mediator mutually acceptable to both parties. In the event both parties elect mediation, but cannot mutually agree upon a mediator, the Conciliation Services of the Cali- fornia State Industrial Relations Depart- ment shall be requested to provide one of their mediator~. 1. Any mediation shall be private and a mediator shall not make any public recommendation nor take any public position. 2. The costs, if any, of mediation shall 6e divided equally betwaen the City and the certified employee organization. City Council Meeting -5- April 21, 1976 C. If the parties fail to agree to submit the dispute to mediation, or have failed to resolve the dispute through mediation within fifteen {15) days after the medi- ator commenced meeting with the parties, then matters within the scope of repre- sentation shall be submitted to the City Council. Any legislative action by the City Council on the impasse shall be final and binding. Motion carried The motion carried by the following vote, to-wit: AYES: Councilmen Hyde, Egdahl, Hamilton Noes: Councilman Scott Absent: Councilman Hobel CONSTRUCTION (19C) Sergeant Cox stated that the Police Officers Association is concerned about the wordage - what is a sickout, a slowdown or other partial stoppage of work? He asked of 25% of the crew were off now, it be called a flu epidemic; however, during nego- tiations, what would it be called? The way it is now written, one, two or three people can jeopardize the entire bargaining unit. Mr. Bigge explained that if 25% of the police officers got sick and only 2% of the other City employees got sick, then it would be considered a concerted action. Mr. Asmus added that it would have to be clearly shown that the Association was behind any movement to slowdown or stop work. Council discussion Council discussed the meaning of the wording in the section, the Milias Meyers Brown Act direction to develop rules and regulations to implement the provisions of the Act, the Skelly case, legality of the section, and the advantages of delineating this section in the Policy. Motion to delete section It was moved by Councilman Hyde, seconded by Councilman Scott and unanimously carried that this section not be included in the Policy. SECTION 19 - Construction This Policy shall be administered as follows: C. Nothing in this Policy shill be con- strued as making the provisions of the California Labor Code Sectio~ 923 ap- plicable 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: 1. Any sickout, slowdown or other partial ~toppage of work, In the event employees engage in such ac- tions, they shall ~ubject themselves to discipline up to and including termination. 2. Any strike or total stoppage of work. In the event empl~,ees engage in such actions, they shall be deemed to have aban- doned their employment. City Council Meeting -6- April 21, 1976 In the event employee organizations engage in the above actions, they may forfeit all rights accorded them under this Policy for a period of up to one (1) year from com- mencement of such activity. Motion for resolution It was moved by Councilman Egdahl, seconded by Councilman Hyde and unanimously carried that a resolution be brought back incorporating the changes made today in the Policy and the inclusion of the statement that the Policy can be reviewed by either the staff or the employee groups at any time other than during negotiations. ADJOURNMENT Mayor Hamilton adjourned the meeting at 5:45 p.m. City C1