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HomeMy WebLinkAbout1994 102 CC RESO1994 102 CC RESO(Ìì¸v RESOLUTION NO. 94-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION NO. 91-21 ESTABLISHING CERTAIN RULES AND REGULATIONS PURSUANT TO SECTION 3500 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA RELATING TO EMPLOYER-EMPLOYEE RELATIONS THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. FINDINGS. The City Council of the City of Baldwin Park does hereby find, determine and declare as follows: a) That this City Council is aware of the purpose, intent and provisions of Section 3500 et seq. of the Government Code of the State of California, known as the Meyers-Milias-Brown Act'; and b) That the terms and provisions of this Resolution have been recommended for adoption by the City's administrative staff, after completion of the consultation process required by said Act; and c) That the public interest, convenience and necessity require the adoption of this Resolution, establishing the regulations, hereinafter set forth, for the purpose of implementing the provisions of the Meyers-Milias-Brown Act. SECTION 2. TITLE. This Resolution shall be known as the Employer-Employee Relations Resolution of the City of Baldwin Park". SECTION 3. DEFINITIONS. The following words and phrases shall, respectively, for the purpose of this Resolution, be defined as hereinafter set forth, unless the context clearly requires a different interpretation: a) Act: The Meyers-Milias-Brown Act, as it now exists subsequently amended or interpreted by judicial decision. b) Appointing Authority: Those employees designated as such in the Municipal Code. c) City: The City of Baldwin Park. d) City Council: The City Council of the City. BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v Resolution No. 94-102 Page 2 e) Confidential Employee: Those employees designated as such by the Executive Team. f) Employee: Employee shall mean all persons who hold full-time 40 hours per week) positions with the City. g) Endorsee Unit for Recognition or Unit: Those units defined in Section 5 hereof. h) Employee Organization: Those organizations defined as such in the Act. i) Executive Employee: Those employees designated as such by the City Council. j) Meet and Confer Process: That process described and contemplated by the Act and the provisions hereof. k) Memorandum of Understanding: A written instrument described as such in the Act. 1) Peace Officer: Those employees as defined in Section 830 of the California Penal Code. m) Proposal: A written proposal as described in Section 10 hereof. 0) Recognition: That process by which an employee organization attains the status of a Recognized Employee Organization pursuant to the provisions hereof. p) Recognized Employee Organization: Those organizations qualified and certified as such, pursuant hereto. q) Regulations: Those regulations as set forth herein. r) Representative: Those persons designated by, or pursuant to, this Resolution, as authorized representatives for the meet and confer process contemplated hereunder. 5) Rules: Those rules established pursuant to Section 12 hereof. SECTION 4. PURPOSE. The purposes of the enactment of the regulations contained in this Resolution are: BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v Resolution No. 94-102 Page 3 a) to fulfill the provisions of said Act; and b) to provide for procedures for the recognition, suspension and revocation of recognition status of employee organizations; and c) to establish a reasonable and orderly method for the meet and confer process. SECTION 5. DESIGNATION OF APPROPRIATE UNITS FOR THE PURPOSE OF RECOGNITION. The City Council has studied the service performed by its employees, their working conditions, job duties, and the necessity for the maintenance of efficient operations in conjunction with the requirement of establishing sound provisions for employer-employee relations. As a result, the City Council has concluded that it is necessary to establish the hereinafter enumerated units for recognition purposes: a) Those employees assigned to the Police Department as enumerated on Exhibit A", attached hereto, incorporated herein, by this reference; and b) Those general employees as enumerated on Exhibit B"", attached hereto, incorporated herein, by this reference; and c) Professional and Technical employees of the City as enumerated on Exhibit C", attached hereto, incorporated herein, by this reference; and d) Management employees of the City, are those employees designated as such on Exhibit D", attached hereto, incorporated herein, by this reference. Any employee organization may file a request with the City Council to alter the composition of units hereunder. Upon receipt of said request, the City Council shall set a time and place for an informal hearing to consider the same. Its findings shall be final and conclusive. SECTION 6. PETITION FOR RECOGNITION. An employee organization which seeks recognition for purposes of meeting and conferring in Good faith as the exclusive recognized representative of employees as to one or more) employee units for recognition, shall file a petition with the Executive Team at any time subsequent to November 1st of any calendar year and prior to February 1st of the following calendar year; said petition BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v Resolution No. 94-102 Page 4 containing the following information and documentation: a) Name and address of the employee organization. b) Names and titles of its officers. C) Names of employee organization representatives who are authorized to speak on behalf of its members. d) A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the City. e) A statement whether the employee organization is a chapter or local or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization, and if so, the name and address of each regional state or international organization. f) Certified copies of the employee organization's constitution and by-laws. g) A designation of those persons, not exceeding two 2) in number, and their addresses, to whom notice sent by certified or registered United States mail will be deemed sufficient notice on the employee organization for any purpose, except where personal service of legal process is required by a court of competent jurisdiction or by law. h) A statement that the employee organization has no restriction on membership based on race, color, creed, sex, national origin, ancestry, marital status or when the nature of work permits) physical handicap. i) A statement that the employee organization has in its possession written proof, executed within three 3) months preceding the filing of the petition, establishing 30% of the employees in the employee unit for recognition are members of and have designated the employee organization to represent them in their employment relations with the City. j) A request that the Executive Team recognize the employee organization as the exclusive recognized employee organization. BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v Resolution No. 94-102 Page 5 The petition, including all accompanying documents, shall be verified, under oath, by the President and Secretary of the organization that the statements are true, or shall be subscribed and certified under penalty of perjury in the form set forth in the California Code of Civil Procedure Section 2015.5. All changes in such information shall be filed forthwith in like manner. No employee may be represented by more than one 1) employee organization on matters pertaining to the meet and confer process and that the employee organization must be the employee organization which has been recognized for the unit in which the employee is employed. SECTION 7. RECOGNITION OF EMPLOYEE ORGANIZATION AS MAJORITY REPRESENTATIVE-EXCLUSIVE RECOGNITION. a) City Response to Request for Exclusive Recognition. If the Executive Team determines that the employee organization's request for exclusive recognition, prima facia, meets the requirements of Section 6 hereof, they shall, forthwith, so inform the employee organization, and shall give written notice of such request for recognition to employees in the unit for recognition. He shall take no further action on said request unit fifteen 15) days thereafter. If the Executive Team determines that the employee organization's request does not qualify pursuant to Section 6, he shall, forthwith, inform the organization of the reasons therefor, in writing. b) Open Period for Filing Challenging Request for Recognition. Within fifteen 15) days of the date written notice was given to affected employees that a request for exclusive recognition was filed, meeting the requirements of Section 6, any other employee organization may file a competing request to be formally acknowledged in the unit, by filing a request for recognition in compliance with the provisions of Section 6 hereof. c) Election Procedure. Where one or more qualified recognition requests, meeting requirements of Section 6 hereof, have been timely filed, the Executive Team shall cause to be conducted an election for the purpose of determining whether an employee organization shall be designated as the exclusive recognized employee organization for the unit. The choice of no organization" shall also be included as a ballot choice in the election. Persons entitled to vote in such BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v Resolution No. 94-102 Page 6 election shall be all employees who are in the employee unit for recognition. In an election involving three 3) or more choices where one of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast. An employee organization shall be formally acknowledged as the exclusive recognized representative for the unit following an election run-off election, if it received a numerical majority of all votes cast in the election. Provided that, the results of any election shall be disregarded and a new election conducted, unless not less than 30% of the employees eligible to vote in such election, cast ballots therein. If, in a second such election, less than 30% of the eligible employees cast ballots, no employee organization shall be recognized. Except as expressly provided above, there shall be no more than one 1) election under this Resolution pursuant to any request for recognition in a 12-month period affecting the same employee unit for recognition. SECTION 8. REVOCATION OF RECOGNITION STATUS. The exclusive recognition status of an employee organization shall remain in full force and effect, subject to the provisions of the following: a) Failure to Maintain Membership. If by review of the payroll dues deduction authorizations, the recognized employee organization no longer has as its members more than 30% of the employees of those employed in the unit, the Executive Team shall cause to be conducted a secret ballot election to determine the wishes of employees as to whether the incumbent recognized employee organization's recognition status should be revoked. b) Request for Revocation. A petition alleging that the employees in the unit, as to which there is an incumbent recognized employee organization, no longer desire to be represented by such organization, may be filed with the Executive Team during the month of January of any year or during the 30-day period commencing six 6) months prior to the expiration of an existing Memorandum of Understanding. Such a petition may be filed by one or more employees or their representative, or an employee organization, and shall contain proof or documentation that more than 30% of the employees in the unit no longer desire to be represented by the incumbent recognized employee organization. BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v Resolution No. 94-102 Page 7 An employee organization which files a request for recognition which conforms to the requirements of Section 6 of this Resolution shall be deemed to have made a request for revocation under the provisions of this Section. The Executive Team shall give written notice of such petition to the incumbent recognized employee organization and to employees in the unit within ten 10) working days of the receipt of same. The Executive Team shall thereon cause to be conducted a secret ballot election to be expeditiously held to determine the wishes of employees as to the question of recognition. c) Revocation of Recognition for Cause. The status of any employee organization as a recognized employee organization shall be revoked, if the City Council finds: 1) that the recognized employee organization has interfered, intimidated, restrained, coerced or discriminated against any public employee who is exercising or who desires to exercise, rights pursuant to Section 3502 of the Act. 2) that the recognized employee organization has engaged, participated or supported, directly or indirectly any work stoppage, slowdown, sick-in, or any other concerted refusal to perform services by City employees. When it is alleged that grounds exist for the revocation of recognition as to a recognized employee organization, the City Council shall set a time and place for hearing upon the issue of the revocation and shall give ten 10) days written notice thereof to the designated representative of the recognized employee organization. At the time set for such hearing, the City Council shall conduct a de novo evidentiary hearing. If the Council finds such facts to exist, it shall revoke the recognition status of the recognized employee organization. The decision of the City Council shall be final and conclusive. SECTION 9. MEET AND CONFER PROCESS. a) Representation of Membership. For the purpose of the meet and confer process, a recognized employee organization shall represent only the employees who are within the unit(s) represented by such organization. BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v Resolution No. 94-102 Page 8 b) ProDosals. A recognized employee organization by and through its designated representatives, at any time subsequent to January 1, and prior to March 1, of any calendar year, may submit to the Executive Team a written proposal in such form as the recognized employee organization deems appropriate, indicating the items and matters it wishes to submit for discussion in the meet and confer process as required pursuant to the provisions of said Act. Any recognized employee organization which does not, within the time permitted therefor, submit such a written proposal shall be deemed, for all purposes, to have waived its rights to engage in the meet and confer process during that calendar year. However, representatives of both parties may, by mutual agreement, extend or otherwise alter the time within which such written proposals may be submitted to the Executive Team. Meet and confer sessions may be held at other times than specified herein, only upon mutual consent of the representatives of the City and the recognized employee organization. c) Matters Subject to the Meet and Confer Process. Only matters set forth in Section 3504 of the Meyers-Milias-Brown Act shall be subject to the meet and confer process. d) Meetings. At such time as a recognized employee organization submits a proposal, the Executive Team shall review the same, and within a period not to exceed 30 calendar days after March 1, shall establish a time and place for the commencement of the meet and confer process. He shall give reasonable written notice to the representatives of such organization of the time and place of such meeting. The notice provisions contained herein need not be observed where a meeting is continued to another time and place by mutual consent of such representatives. Additional items may be added to an agenda upon the written request of either party, provided that such requests are made not less than 24 hours in advance of a scheduled meeting, and if such items are the proper subject matter of such meet and confer process. Additional items may be added to the agenda, without written notice, by mutual consent of the parties. Attendance at such meeting shall be limited to designated representatives of the recognized employee organization submitting the proposal and representatives of the City; provided however, that additional employees of the City and the organization may attend with the mutual consent of the representatives. BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v  Resolution No. 94-102 Page 9 e) Memorandum. At the Conclusion of the meet and confer process, if the representatives reach agreement, the representatives shall prepare a written memorandum of understanding which shall not be binding. When executed by the representatives of the recognized employee organization and the City representatives, such memorandum of understanding shall be subject to approval and adoption by the City Council of City, and, following such approval and adoption, shall be implemented by appropriate resolution(s), ordinance(s), or other lawful action of the City Council. SECTION 10. NOTICES. Except as otherwise provided herein, notices required pursuant to the provisions of this Resolution of the Act, shall be given by deposit of the same in the course of transmission of the United States Postal Service, postage prepaid, addressed to the recipient at his last known address. In lieu of mailed notices, required to be given by a recognized employee organization, personal delivery of such notices may be made on the Executive Team. Notice shall be deemed, for all purposes, to have been given upon physical delivery thereof or upon its deposit in the custody of said Postal Service. SECTION 11. VIOLATION OF ACT. Any officer or employee of the City who interferes, intimidates, restrains, coerces, or discriminates against any other City officer or employee with respect to the exercise of such officer's or employee's rights, pursuant to Section 3502 of the Act, shall be subject to disciplinary proceedings. SECTION 12. ADMINISTRATIVE RULES. The Executive Team is hereby authorized and directed to prepare and issue, after engaging in the meet and confer process with any and all recognized employee organizations, such supplementary rules as he deems appropriate, relating to any matters not specifically covered herein. SECTION 13. EMPLOYEE ACTIVITIES. No City employee on behalf of an employee organization shall engage in any type of activity relating to an employee organization during such time as such employee is on duty, except as expressly permitted by the Act, or provided herein nor shall City facilities be used in conjunction with any activity for an employee organization, except as provided in the rules, referred to in Section 12 hereof. SECTION 14. CITY RIGHTS. To the extent permitted by valid state and federal law, the City shall have the following authority: BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v  Resolution No. 94-102 Page 10 a) To determine appropriate rules and regulations for personnel administration in the City including but not limited to, the following: 1) To determine the size and composition of the working force. 2) To determine the policy and procedure affecting the selection or training of new employees. 3) To relieve employees from duty for lack of work or for other reasons deemed legitimate by management. 4) To reprimand, suspend, discharge or otherwise discipline employees. 5) To establish and determine job classifications. 6) To contract or subcontract construction, services, maintenance, distribution or any other work outside public or private entities. b) To determine the merits, necessity, nature or extent of services to be performed, as well as the rights to determine and implement its public function and responsibility, and the mission of its constituent departments, commissions and boards; and to determine budgets and appropriations of funds and to set municipal fees and charges. c) To manage all facilities and operations of the City, including the methods, means and personnel by which the City1s operations are to be conducted. d) To schedule working hours, allot and assign work. To establish, modify or change work schedules. To schedule the operation of and to determine the number and duration of shifts. e) To direct its working forces. f) To hire, promote, demote or transfer any employee. g) To determine the layout and the machinery, equipment or materials to be used. BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v  Resolution No. 94-102 Page 11 h) To determine the location of all plants and facilities. I) To determine processes, techniques, methods and means of all operations, including change or adjustments or any machinery or equipment. j) To establish, assess and implement employee performance standards, including but not limited to, quality and quantity standards; the assessment of employee performances; and the procedure of said assessment. k) To control and determine the use and location of City's property, material, machinery and equipment. 1) To determine measures to promote safety and to protect health and property. m) To transfer work from one job to another or from one plant or unit to another. n) To introduce new, improved or different methods of operations, or to change existing methods. 0) To take such other and further action as may be necessary to organize and operate the City in the most efficient and economical manner for the best interest of the public it serves. SECTION 15. STATUS OF CURRENTLY RECOGNIZED EMPLOYEE ORGANIZATIONS. Notwithstanding the provisions of this Resolution to the contrary, insofar as the status of currently recognized employee organizations are concerned, the same shall continue to enjoy such status, as non-exclusive recognized employee organizations, provided: a) That if any such employee organization desires to be designated as the exclusive recognized employee organization for any one employee unit recognition, it may file a request therefor pursuant to the provisions of Section 6 of this Resolution; and/or b) That the provisions of Section 8, subsection c) hereof, shall apply, and the recognized status of any currently recognized employee organization shall be revoked only in the manner provided in said subsection; and BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v 1994 102 CC RESO(Ìì¸v  Resolution No. 94-102 Page 13 That the City recognizes its obligation to exercise management functions in accordance with all applicable laws, including but not limited to, the Baldwin Park Municipal Code and the Baldwin Park Personnel Rules and Regulations. SECTION 18. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 21st day of September, 1994. ATTEST: LINDA L( GAIR, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park, at its regular meeting of the City Council on 21st day of September, 1994, by the following vote: AYES: COUNCILMEMBERS GALLEGOS,LOWES,MARTINEZ MUSE, MAYOR VARGAS NOES: COUNCILMEMBERS NONE ABSENT: COUNCILMEMBERS NONE ABSTAIN: COUNCILMEMBERS NONE LINDA L. GAIR, CITY CLERK BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v Resolution No. 94-102 Page 14 EXHIBIT A" POLICE DEPARTMENT EMPLOYEES Telephone Operator Police Records Clerk I Police Records Clerk II Parking Enforcement Officer Civilian Dispatcher Senior Dispatcher Police Technician Community Service Officer Police Officer Police Sergeant EXHIBIT B" GENERAL EMPLOYEES Administrative Clerk I Administrative Clerk II Construction Clerk Occupancy Specialist Finance Clerk Maintenance Worker I Maintenance Worker II Senior Maintenance Worker Equipment Mechanic Senior Equipment Mechanic Street Sweeper Operator EXHIBIT C" PROFESSIONAL AND TECHNICAL EMPLOYEES Accountant Senior Accountant Administrative Assistant Planning Technician Assistant Planner Associate Planner Building Inspector BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05 1994 102 CC RESO(Ìì¸v Resolution No. 94-102 Page 15 EXHIBIT C" PROFESSIONAL AND TECHNICAL EMPLOYEE Continued) Code Enforcement Officer Housing/Code Inspector Business License Processor Engineering Technician Assistant Engineer Associate Engineer Engineering Supervisor Housing Programs Specialist Housing Programs Supervisor Plan Check Engineer Information Systems Support Technician Information Systems Supervisor Project Specialist Public Works Supervisor Program Coordinator Public Works Inspector Recreation Supervisor EXHIBIT D" MANAGEMENT EMPLOYEES Building Official City Planner Housing Manager Personnel/Risk Manager Police Lieutenant Police Captain Records Manager BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05  Resolution No. 94-102 Page 12 C) That if any employee organization, not currently enjoying recognized status, files a request for recognition, the incumbent recognized employee organization shall file a request for recognition pursuant to Section 6 hereof, or upon its failure to do so, and in the event that a majority of the votes cast at a valid election held pursuant hereto, are in favor of such exclusive recognized status for the employee organization filing such request, the incumbent recognized employee organization shall lose its recognized status as of the certification of such election results; and d) Each of the currently recognized employee organizations shall comply with, and be bound by, all of the provisions of this Resolution except as otherwise expressly set forth in this Section. SECTION 16. MISCELLANEOUS PROVISIONS. This Resolution shall be administered and construed as follows: a) Nothing in this Resolution shall be construed to deny to any person, employee, organization, the City, or any authorized officer, body or other representative of the City, the rights, powers and authority granted by Federal or State law. b) This Resolution shall be interpreted so as to carry out its purposes as set forth in Section 4. c) Nothing in this Resolution shall be construed as making the provisions of California Labor Code Section 923 applicable 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, any work stoppage, slowdown, sick-in, or any other concerted refusal to perform the services to which they are employed to perform. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination and may be deemed to have abandoned their employment. SECTION 17. SEVERABILITY. If any provision of this Resolution, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Resolution, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. BIB] 37650-U01 1994-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO1461-U03 DO1506-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 94-102-U05 SEP-U05 21-U05 1994-U05