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01-17-2006 - Petition for Formal Recognition of John Adams & Associates to West Covina Mid-Management AssociationCity of West Covina Memorandum TO: Andrew G. Pasmant, City Manager and City Council FROM: Artie A. Fields, Interim Director Human Resources Department/ Assistant City Manager . AGENDA ITEM NO. D-6b DATE January 17, 2006 SUBJECT: PETITION FOR FORMAL RECOGNITION OF JOHN ADAMS AND ASSOCIATES TO THE WEST COVINA MID -MANAGEMENT ASSOCIATION RECOMMENDATION: It is recommended that the City Council approve the Petition for Recognition from John Adams and Associates to represent the West Covina Mid -Management Association. DISCUSSION: Sections 2-213 through 2-215 of the West Covina Municipal Code describe the method by which employee organizations are recognized. Specifically, Section 2-213, under Recognized employee organization definition, and 2-215, (e) describe how an organization goes about the process of being the majority representative of certain specified employees in a unit. (See attached.) P The Mid -Management Association has submitted the required petitions and all other information necessary for recognition of John Adams and Associates as their official bargaining agent. The Human Resources Department staff and the Human Resources Commission have reviewed all materials submitted, and find them in complete accordance with the West Covina Municipal Code. The Mid -Management Association has, in effect, decertified the San Bernardino- Public Employees Association (SBPEA) and replaced them with John Adams and Associates. The classifications covered are: Classification Accounting Manager Assistant to the City Manager Building Official Management Analyst I Management Analyst 11 Civil Engineering Associate Communications Supervisor Communi ty Services Manager Computer Systems Administrator Controller Economic Development/HousingDevelopment/Housing Manager Equipment Maintenance Supervisor Human Resources Analyst 1/II Maintenance Operations Manager Park Maintenance Supervisor. Plan Check Engineer Police Records Supervisor Police Administrative, Services Director Principal En ineer Principal Planner Public Works Project Supervisor Purchasing Manager RDA Project Manager RDA Senior Project Manager Recreation Services Manager Recreation Services Supervisor Redevelopment Manager ISafety & Claims Manager i Classification Senior Citizens Services Supervisor Senior Planner Senior Software Developer Software Development Manager Senior Community Enhancement Officer Street Maintenance Supervisor Su erintendent of Maintenance Services Total number of classifications = 35 HUMAN RESOURCES COMMISSION REVIEW: The Human Resources Commission reviewed the Mid -Management Association's Petition for Recognition and all the required documents. The Petition for Recognition was uncontested. The Human Resources Commission, at their Regular Meeting of December 14, 2005, finding full conformance with the Municipal Code, unanimously recommended approval of John Adams and Associates to the City Council as the recognized bargaining unit for the positions in the West Covina Mid -Management Association. FISCAL IMPACT: There is no fiscal impact to the City related to this request. Prepared by: Approved: /l J Traci Bailey-Huds n Artie A. Field Human Resources Analyst II Interim Human Resources Director/ Assistant City Manager Attachment CC: Mid-Mgmt Representation.Adams. 1. 17.06 § 2-212 WEST COVINA CODE Code of the state (sections 3500 et seq.) by pro- viding orderly procedures for the administration of employer -employee relations between the city and its employee organizations and for resolving disputes concerning wages, hours and other terms and conditions of employment. (Code 1960, § 24-50) Sec. 2-213. Definitions. As used in this division: Employee organization means any organiza- tion which includes city employees and which has as one of its primary purposes the representation of such employees in their relations with the city. Majority representative means a recognized em- ployee organization that has been granted formal recognition by the city council upon the recom- mendation of the human resources board as rep- resenting the majority of employees in an appro- priate unit. Mediation means the efforts of an impartial third person functioning as an intermediary to assist the parties in reaching a voluntary resolu- tion of a dispute through interpretation, sugges- tion and advice. Meet and confer in good faith means that the authorized representatives of the city and the representatives of recognized employee organiza- tions have the mutual obligation personally to meet at reasonable times and confer in order to exchange freely information, opinions and propos- als and to endeavor to reach agreement on mat- ters within the scope of representation- The obli- gation to meet and confer in good faith does not compel the representatives of .either party to agree to a proposal or to make a concession. Recognized employee organization means an employee organization that has been formally recognized as provided for herein by the city as an employee organization that represents city em- ployees. The rights accompanying recognition are either: . (a) Formal recognition, which is the right to meet and confer in good faith as the majority representative in an appropriate unit; or Supp. No. 65 76 (b) Informal recognition, which is the right to consultation in good faith by all recog- nized employee organizations. (Code 1960, § 2451) Sec: 2-214.. Employee rights. (a) Each city employee shall have the right to form, join and participate in the activities of employee organizations of his own choosing for the purpose of representation on all matters of employer -employee relations. Each city employee shall also have the right to refuse to join or participate in the activities of employee organiza- tions and shall have the right to represent himself individually in his employment relations with the city. (b) No person shall interfere with, intimidate, restrain, coerce or discriminate against any em- ployee because of his exercise of any of these rights. (Code 1960, § 2452) Sec. 2-215. Recognition. Every employee organization that desires rec- ognition shall initially and annually, and not later than thirty (30) days prior to the expiration of the previous year's recognition, file with the city To anager for transmission scion to the human resources board a declaration signed by its authorized offic- ers. In the absence of a prior recognition, a declaration shall be filed in July. Such declaration shall be signed by the authorized officers contain - (a) The name and mailing address of the organization. (b) The names and titles of its officers. (c) The names of the representatives of the organization who are authorized to speak on behalf of its city members. (d) A statement that the organization in- cludes. city employees who are members and who have designated the organiza- tion to represent them and specifies the total number of such employees. (e) If applicable, a designation of the . job classifications or titles of those employees ADMINISTRATION in a proposed representation unit which the employee organization claims to be appropriate and the number of member employees therein. The organization shall request that the human -resources board and the city council recognize the em- ployee organization as the majority repre- sentatives of the employees in the unit claimed to be appropriate. The human resources board may, subject to the ap- proval of the city manager and the city council, order that an independent audi- tor be used and compensated by the city to determine from the records of the em- ployee organization the actual number of employees included in the proposed rep- resentation unit who are members of the employee organization. If any employee organization desiring recognition denies the independent auditor access to its records the human resources board shall report to the city manager and city coun- cil the number of members of the organi- zation whose dues are collected by payroll deduction. This number will then be con- sidered the official membership in the employee organization until such time as the employee organization supplies the necessary information through the inde- pendent auditor. M A statement whether the organization is a chapter, or local oi; or affiliated with, a regional, state, national or international organization, and if so, the name and address of each such affiliated organiza- tion. The statement shall also include the names of all other cities within the county in which the organization has been recog- nized for the purpose of representing em- ployees of the city with respect to salaries, wages and working conditions. (g) A statement that the organization has, as one of its primary purposes, representa- 'lion of city employees in their employee relations with the city. Certified copies of the organization% constitution and by- laws or any other documents which verify this purpose shall be included as a part of the declaration. Supp. No. 65 77 § 2-216 (h) A designation of those persons not exceed- ing two (2) in number and their addresses to whom notice sent by regular United States mail will be deemed sufficient no- tice to the organization for any purpose. (i) A statement that the employee organiza- tion recognizes that the provisions of sec- tion 923 of the Labor Code are not appli- cable to city employees. (Code 1960, § 2453; Ord. No. 1449, § 1, 8-13-79; Ord. No. 2098, § 3, 4-15-03) Sec. 2-216. Determination of appropriate unit. (a) The human resources board, after review- ing the petition filed by an employee organization seeking formal recognition as majority represen- tative, shall determine whether the proposed unit is an appropriate unit. The principal criterion in making this determination is whether there is a community of interest. among such employees. The 'following factors, among others, are to be considered in mak ing such determination: (1) Which unit will assure employees the fullest freedom in the exercise of rights set forth under this article. (2) The history of employee relations: (i) In the unit; , GO Among other employees of the city; and (iii) In similar public employment. (3) The effect of the unit on the efficient operation of the city and sound employer - employee relations. (4) The extent to which employees have com- mon skills, worldng conditions, job duties or similar educational requirements. (5) The effect on the existing classification structure of dividing a single classifica- tion arfiong two (2) or more units. Provided, however, no unit shall be established solely on the basis of the extent to which employ- ees in the proposed unit have organized.