MEET AND CONFER PROCESS

Glendale City Code ch. 2, art. III, div. 3

in effect

Glendale City Code § 2-76 Purpose.

Sec. 2-76. - Purpose. The purpose of this division is to establish a process by which recognized employee organizations can meet and confer with the city manager on behalf of an employee group regarding issues such as wages, hours, non-healthcare related benefits and working conditions. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-77 Conflicts.

Sec. 2-77. - Conflicts. (a) In the event of a conflict between (i) the City of Glendale's Human Resources policies and procedures and/or the city manager's directives and (ii) any memorandum of understanding that results from this meet and confer process, the City of Glendale's Human Resources policies and procedures and the city manager's directives will govern; except that any existing provision of a memorandum of understanding will continue to be applicable if the policies and procedures or directives are promulgated after the effective date of a memorandum of understanding. (b) In the event of a conflict between (i) a City of Glendale Employee Involvement Initiative Meet and Confer Process (as defined below and which shall be promulgated and from time to time modified by the city manager), and (ii) this division, the provisions of this division will prevail. (c) In the event of a conflict between (i) other City of Glendale code provisions and (ii) this division, the provisions of this division will prevail. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-78 Definitions.

Sec. 2-78. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All other words shall have the meaning ascribed to them by section 1-4 of this Code. Budget year: Budget year shall mean the period for which the council appropriates city funds during its budget process. Certification: Certification is the designation by the city manager of an employee organization as the exclusive representative of an employee group for the purpose of meeting and conferring with the city manager about the subjects specified in this division. Decertification: Decertification is the removal by the city manager of an employee organization as the exclusive representative of an employee group. Employee involvement initiative meet and confer process: The employee involvement initiative meet and confer process is an initiative of the city manager that establishes the organizational cooperative process and which may be modified by the city manager from time to time as determined to be in the best interests of the city. Employee group: An employee group is a defined set of employees who (1) are regularly assigned to one department or division of the city, and (2) to the extent they are represented, are represented by members who have been recognized by the city manager to have fulfilled organizational cooperative process, and (3) are specifically designated by this division as an employee group. Employee organization: An employee organization is an organization in which city employees within an employee group participate and which exists for the purpose, in whole or in part, of meeting and conferring with the city manager about the subjects specified in this division. Organizational cooperative process: Organizational cooperative process is process by which departmental issues are addressed in an organized and channeled manner that calls upon employees and management to jointly reach solutions to departmental issues. The organizational cooperative process shall be further defined in the employee involvement initiative meet and confer process. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-79 Employee groups.

Sec. 2-79. - Employee groups. (a) The meet and confer process outlined in this division shall be limited to a total of two (2) employee groups. They shall include: (1) Regular, non-probationary city firefighters, in all classifications up to and including the rank of captain. (2) Regular, non-probationary city police officers, in all classifications up to and including the rank of sergeant. (b) The following personnel are ineligible for representation under the meet and confer process: (1) Regular, non-probationary city firefighters above the rank of captain. (2) Regular, non-probationary city police officers above the rank of sergeant. (3) Probationary or temporary city firefighters and police officers. (4) All other city employees. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-80 Representation process.

Sec. 2-80. - Representation process. (a) Certification of an employee group shall be determined by the following process: (1) An employee organization seeking authorized recognition as the exclusive representative of an employee group shall file with the city manager: a. The name and address of the employee organization; b. A copy of its charter, constitution and by-laws, if such documents exist; c. The names, titles, addresses and telephone numbers of all its duly elected officers; d. In the event not designated in the charter, constitution, or by-laws of the employee organization, the name, title, address and telephone number of one duly elected officer who shall have full authority to legally bind the employee organization to any agreement, memorandum of understanding, contract, or other such document; and e. Cards signed by at least fifty (50) percent plus one of the employee group that is requesting a representation election. (2) The city manager will verify that the signatures on cards submitted by the employee organization are those of employees in the employee group. If the city manager determines that at least fifty (50) percent plus one of the employees in an employee group have requested a certification election, a secret ballot certification election will be held in accordance with the provisions of this division. (3) If at least seventy (70) percent of the employees in the employee group who vote in the certification election vote in favor of representation by the employee organization, then the city manager will designate the employee organization as the official and exclusive employee organization for purposes of the meet and confer process. (b) Members of the employee group who will act as official representatives during the meet and confer process must have served actively for a minimum of one year on behalf of the city department in which the employee group exists, on a committee or on committees designated by the city manager as part of the organizational cooperative process. The minimum of one year of service must have been completed by the time the cards requesting an election are submitted to the city manager. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-81 Decertification process.

Sec. 2-81. - Decertification process. Once an employee group selects an employee organization to serve as its exclusive and official employee organization for purposes of meeting and conferring, decertification of that employee group may be accomplished by a secret ballot decertification election that will be held if the city manager receives cards signed by at least thirty (30) percent of the employees in the employee group requesting a decertification election. If at least fifty (50) percent of the employees who vote in the decertification election vote in favor of decertification, the city manager will decertify the employee organization and it shall no longer be the official and exclusive employee organization for purposes of meeting and conferring. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-82 Certification and decertification elections procedures.

Sec. 2-82. - Certification and decertification elections procedures. (a) Elections will be conducted by secret ballot. (b) Certification elections will only be held between July 15 th and September 1 st and the city manager must receive the cards in support of an election by July 1st. The cards must be signed and dated not more than ninety (90) days before they are submitted to the city manager. No more than one certification election may be held within any employee group during any twelve-month period. Notwithstanding the above, certification elections may be held at any other time upon mutual agreement of the city manager and the employee organization. (c) Decertification elections may be held at any time upon receipt by the city manager of sufficient cards calling for a decertification election, as provided above. (d) The city manager will oversee the conduct of elections. The procedures for the elections and matters related to the elections will be specified by the city manager. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-83 Rights of employees and employee organizations.

Sec. 2-83. - Rights of employees and employee organizations. (a) Employees have the right to participate on behalf of an employee organization and have the right to refrain from such activity. Employees will be free from any interference, restraint, or coercion by any employee, supervisor, or manager for or against employee organizations. Violations will necessitate disciplinary action. (b) There can be only one official and exclusive employee organization for each employee group for purposes of meeting and conferring. Nothing in this division will prohibit any employee not within an employee group represented by a designated employee organization from exercising any rights the employee may have to meet with the city manager or other city official consistent with personnel rules and regulations or any city manager directive. (c) Meeting and conferring will be conducted through the defined process with the city manager. Violation of this process may result in decertification by the city manager. (d) Designated employee organizations will have the right to biweekly dues deductions, if properly authorized by the members of the organization. (e) Dues deductions for a designated employee organization from the paycheck of any participating employee must be authorized by each individual employee on the appropriate form provided by the human resources division. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-84 Scope of meet and confer.

Sec. 2-84. - Scope of meet and confer. (a) The meet and confer process may encompass certain wages, hours, benefits (excluding healthcare benefits), and working conditions which may include salary or wage rates or other forms of direct monetary compensation and direct cost subjects, paid time off and procedures therefore, leaves of absence, non-healthcare related benefits, compensation studies, professional employment growth incentives, total hours of work required of an employee on each workday or work week, including overtime, compensatory time, rest and meal periods and call-in/call-back, health and safety, training, retirement incentives, distribution of information, meet and confer procedures, procedure for employee grievances, rights of the employee organization and the city and items mutually agreed upon by an employee organization and the city manager. (b) The following are examples of items that will not be included in the meet and confer process: healthcare related benefits, discipline of employees, hiring, discharging, promotions, demotions, transfers, and suspensions. Thus, any aspect of the hiring, promotion or transfer of employees, the types of discipline, or the grounds for demotion, discharge, suspension or discipline will not be part of the meet and confer process. (c) City will maintain the right of determination as to the purpose of each of its departments, agencies, boards and commissions, and set standards of service to be offered to the public and shall exercise complete control and discretion over its organization and operations. For example: (1) The city will direct its employees, take disciplinary action, relieve its employees from duty because of lack of work or for other legitimate reasons, determine whether goods and services shall be produced or provided by city employees, purchased or contracted for, and determine the methods, means, and personnel by which the city's operations are to be conducted. (2) The city has the right to take all necessary actions to maintain uninterrupted service to the community. (3) The city manager may consult with the city's employees, or their authorized representatives, about the direct consequences that decisions on these matters may have on wages, hours, and working conditions. (4) The enumeration of the above rights is illustrative only and is not to be construed as being all-inclusive. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-85 Meet and confer process.

Sec. 2-85. - Meet and confer process. (a) The employee organization may submit proposals regarding those items within the scope of the meet and confer process (as defined by this division) that affect the employee group it represents to the city manager. All proposals submitted to the city manager by the employee organization must be in writing and shall specifically delineate the issues that will be discussed in the meet and confer process. Proposals shall be submitted no later than September 15 th for the following budget year. (b) Upon receiving a proposal from an employee organization, the city manager will submit a written response to the employee organization, generally within thirty (30) days. (c) Generally, within ten (10) days from the receipt of the city manager's response, representatives of the employee organization and the city manager will begin "meeting and conferring" in a private session at mutually agreed upon times and places within the city, for the purpose of entering into a written memorandum of understanding relating to proposals. Only those issues identified in the employee organization's initial proposal and those raised in the city's manager's response shall be discussed during the meet and confer process, unless otherwise mutually agreed. Meeting ground rules shall be mutually agreed upon and will be adhered to while meeting and conferring. (d) Unless otherwise provided in this division, during the meet and confer process, all proposals submitted by the employee organization and all counter-proposals submitted by the city manager will remain confidential except that they will be available to the city manager, the employee organization representatives, the employees within the employee group, and others designated by the city manager. (e) Upon agreement by the city manager and employee group as to the issues addressed in the meet and confer process, the city manager will cause to be prepared a memorandum of understanding, which shall be signed by the city manager and the designated representative of the employee group. This memorandum will be presented to mayor and council for their consideration during the budget process for the following budget year. The final decision by city council is not reviewable. Furthermore, the final decision by the city council is not subject to the resolution of the disputes process. (f) If agreement has not been reached by December 15 th , the parties will participate in a mediation. The city manager and representative of the employee organization shall select a mediator. Should the employee organization and the city manager be unable to agree upon a mediator, a mediator with public sector labor experience will be appointed by the American Arbitration Association. All costs associated with the neutral mediator will be equally shared between the city and the employee organization. (g) If agreement has not been reached by February 1st, the city will present a final offer to the representative of the employee organization no later than February 10 th . The employee organization may prepare written comments concerning the final offer. If the employee organization prepares written comments, such comments must be submitted to the city manager by February 21 st . The final offer and written comments, if any, will be presented no later than the last meeting in February to the council for consideration. Final action by the council on the Fiscal Year budget shall be considered a final determination on the proposals. The final decision by city council is not reviewable. Furthermore, the final decision by the city council is not subject to the resolution of the disputes process. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-86 Resolution of disputes.

Sec. 2-86. - Resolution of disputes. (a) In the event that the employee organization claims that there is a dispute between the city manager and the employee organization as it relates to the memorandum of understanding, and the employee organization and the city have been unable to informally resolve the matter, the employee organization may use the following exclusive process to resolve the matter: (1) Within forty-five (45) days of the first occurrence of any event which constitutes all or part of the alleged dispute, the employee organization shall give written notice to the city manager. The notice shall specify the applicable provision(s) of the memorandum of understanding, facts and evidence supporting their position, and the date(s) of the alleged event which constitutes the basis for the dispute; (2) A written response shall be submitted by the city manager to the employee organization within ten (10) days of the written notice; (3) Within fourteen (14) days of the city manager's written response, the employee group and the city manager shall meet and attempt to resolve the matter; and (4) In the event the dispute is resolved, the employee group and the city manager shall sign a written agreement intended to reflect a resolution of the matter, which shall be approved by the city attorney; however, any resolution that requires council action will only be effective after approval by the council is secured. (b) If the employee group and the city manager, are unable to resolve the dispute, the employee organization may submit the dispute to arbitration. The employee organization must notify the city manager of the submission to arbitration in writing within thirty (30) days of the city manager and employee group meeting to resolve this matter. The city manager and representative of the employee organization shall select an arbitrator to hear and decide the matter. Should the employee organization and the city manager be unable to agree upon an arbitrator, an arbitrator with public sector labor experience will be appointed by the federal mediation and conciliation service. (c) The arbitrator shall set a hearing on this matter within sixty (60) days of selection or appointment. The city attorney or legal counsel appointed by the city attorney shall represent the city at the hearing. (d) The city manager and the employee group shall present to the arbitrator their position on the dispute. Should the dispute encompass more than one alleged dispute, the city manager and employee group shall agree upon the separate designation of each dispute and present its position separately, whereupon the arbitrator shall render a separate decision as to each dispute. Should the city manager and employee group not agree upon the separate designations, the issues shall be submitted to the arbitrator for separate designation, which decision shall be final for the purposes of the arbitration. (e) The decision of the arbitrator will be final and binding on the city manager and employee group, but not on the city council. (f) The city and the employee group shall bear equally the costs associated with the arbitrator. (g) The timeframes in this section can be mutually changed by a written agreement of the parties. The employee organization's failure to allege a dispute by the date set forth in this section shall be deemed a waiver of any right to allege the dispute thereafter. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-87 Solicitation and distribution.

Sec. 2-87. - Solicitation and distribution. (a) Solicitation of members, dues and other internal employee organization business shall be conducted only during non-duty hours and shall not interfere with work. (b) Solicitation of members and dues and other internal employee organization business shall take place in non-working areas. Notice of employee organization meetings and agendas may be posted in the city's e-mail meeting folder at the membership's cost. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Glendale City Code § 2-88 Delegation.

Sec. 2-88. - Delegation. The city manager may delegate any of his duties and responsibilities under the meet and confer process and may appoint personnel to assist in the performance of those duties and responsibilities. (Ord. No. 2433, § 1, 5-10-05; Ord. No. O19-44, § 1, 6-25-19)

Source: City of Glendale, Arizona, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/glendale/codes/code_of_ordinances?nodeId=PTIICOOR_CH2AD_ARTIIIOFEM_DIV3MECOPRFetched: 11/1/2026