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AGENDA ITEM NO. 7.
CITY OF HAWTHORNE City Council AGENDA BILL For the meeting of 11/12/2024 Originating Department: Human Resources |
City Manager:
Department Head:
SUBJECT:
RESOLUTION NO. 8500
ADOPTION OF A RESOLUTION ACKNOWLEDGING THE HAWTHORNE POLICE CIVILIAN ASSOCIATION AS AN EMPLOYEE ORGANIZATION WITHIN THE CITY AND DESIGNATING THE HUMAN RESOURCES DIRECTOR AS THE CITY'S PRINCIPAL MANAGEMENT REPRESENTATIVE.
ADOPTION OF A RESOLUTION ACKNOWLEDGING THE HAWTHORNE POLICE CIVILIAN ASSOCIATION AS AN EMPLOYEE ORGANIZATION WITHIN THE CITY AND DESIGNATING THE HUMAN RESOURCES DIRECTOR AS THE CITY'S PRINCIPAL MANAGEMENT REPRESENTATIVE.
RECOMMENDED MOTION:
Adopt Resolution No. 8500, a Resolution of the City Council of the City of Hawthorne, acknowledging the Hawthorne Police Civilian Association as an employee organization and majority representative in a bargaining unit of non-sworn police department employees and designating the Human Resources Director as the City’s principal management representative, and designating the Human Resources Director and the City’s Labor Counsel as the City’s representatives to meet and confer with the association.
DISCUSSION:
State law grants local government employees the right to form employee organizations for the purpose of representing the agency’s employees in their employment relations with their employer. State law and regulations provide a process for employee organizations to be recognized by the local government employer both as an employee organization and as the exclusive representative in a bargaining group. An employee organization may be certified as the exclusive or majority representative with proof that a majority of the employees in an appropriate bargaining unit desire to be represented by the employee organization. (The terms “exclusive” and “majority” representative are used interchangeably in the applicable law.)
The Hawthorne Police Civilian Association (“Association”) filed a petition (“Petition”), dated March 26, 2024, requesting recognition as employee organization representing City employees and certification as exclusive representative in a proposed unit of the City’ non-sworn police Page 2 of 2 1 2 6 0 department, full-time employees. The Petition includes proof that 35 employees wish to be represented by the Association, which clearly demonstrates majority support in the proposed bargaining unit.
Bargaining units are typically made up of employees whose interests are sufficiently similar for them to be grouped together for purposes of negotiations and labor relations. It is very common to establish a group of rank-and-file employees. In light of the City’s organization and size, the proposed unit of non-sworn police department employees is an appropriate bargaining unit.
Under state law, a public agency may not “unreasonably withhold recognition of employee organizations.” Also, a “public agency shall grant exclusive or majority status to an employee organization based on written proof that a majority of employees in an appropriate bargaining unit desire the representation.” The Association’s Petition satisfies the requirements both for recognition and for certification as exclusive representative in an appropriate unit made up of the City’s non-sworn police department, full-time employees.
In connection with recognition of the Association and to provide a day-to-day contract for the Association, the City should designate its representatives for purposes of addressing labor relations issues. This also helps to provide for a unified voice in addressing employee concerns. The City Council retains its authority to set policy, determine the parameters for negotiations and to accept or reject a proposed memorandum of understanding following negotiations. In the Resolution, the City’s Human Resources Director, with input from the City’s Labor Counsel, is designated as the City’s principal management representative. The Human Resources Director and the City’s Labor Counsel are designated as the City’s representative to meet and confer (negotiate) with the Association, potentially with help from other representatives of management.
The Hawthorne Police Civilian Association (“Association”) filed a petition (“Petition”), dated March 26, 2024, requesting recognition as employee organization representing City employees and certification as exclusive representative in a proposed unit of the City’ non-sworn police Page 2 of 2 1 2 6 0 department, full-time employees. The Petition includes proof that 35 employees wish to be represented by the Association, which clearly demonstrates majority support in the proposed bargaining unit.
Bargaining units are typically made up of employees whose interests are sufficiently similar for them to be grouped together for purposes of negotiations and labor relations. It is very common to establish a group of rank-and-file employees. In light of the City’s organization and size, the proposed unit of non-sworn police department employees is an appropriate bargaining unit.
Under state law, a public agency may not “unreasonably withhold recognition of employee organizations.” Also, a “public agency shall grant exclusive or majority status to an employee organization based on written proof that a majority of employees in an appropriate bargaining unit desire the representation.” The Association’s Petition satisfies the requirements both for recognition and for certification as exclusive representative in an appropriate unit made up of the City’s non-sworn police department, full-time employees.
In connection with recognition of the Association and to provide a day-to-day contract for the Association, the City should designate its representatives for purposes of addressing labor relations issues. This also helps to provide for a unified voice in addressing employee concerns. The City Council retains its authority to set policy, determine the parameters for negotiations and to accept or reject a proposed memorandum of understanding following negotiations. In the Resolution, the City’s Human Resources Director, with input from the City’s Labor Counsel, is designated as the City’s principal management representative. The Human Resources Director and the City’s Labor Counsel are designated as the City’s representative to meet and confer (negotiate) with the Association, potentially with help from other representatives of management.
ECONOMIC DEVELOPMENT STRATEGIC PLAN:
None.
FISCAL IMPACT:
None.
NOTICING PROCEDURE:
72 hours posted notice pursuant to the Ralph M. Brown Act.
