HomeMy WebLinkAboutRES 2025-08RESOLUTION NO. 2025-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING EMPLOYER -EMPLOYEE ORGANIZATION
RELATIONS PROCEDURES AND REPEALING RESOLUTION NO. 2003-
65.
Article I -General Provisions
Sec. 1. Statement of Purpose:
This Resolution implements Chapter 10, Division 4, Title 1 of the Government
Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee
Organizations," by providing orderly procedures for the administration of employer -
employee relations between the City and its employee organizations. However, nothing
contained herein shall be deemed to supersede the provisions of state law, ordinances,
resolutions and rules which establish and regulate City employment, or which provide for
other methods of administering employer -employee relations. This Resolution is
intended, instead, to strengthen methods of administering employer -employee relations
through the establishment of uniform and orderly methods of communications between
employees, employee organizations and the City.
It is the purpose of this Resolution to provide procedures for meeting and
conferring in good faith with Recognized Employee Organizations regarding matters that
directly and significantly affect and primarily involve the wages, hours and other terms
and conditions of employment of employees in appropriate units and that are not
preempted by federal or state law. However, nothing herein shall be construed to restrict
any legal or inherent exclusive City rights with respect to matters of general legislative or
managerial policy, which include among others: The exclusive right to determine the
mission of its constituent departments, commissions, and boards; set standards of
service; determine the procedures and standards of selection for employment; direct its
employees; transfer employees within the City organization; take disciplinary action;
relieve its employees from duty because of lack of work or for other lawful reasons;
determine the content of job classifications; subcontract work; maintain the efficiency of
governmental operations; determine the methods, means and personnel by which
government operations are to be conducted; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and discretion over its
organization and the technology of performing its work.
Sec.2. Definitions:
As used in this Resolution, the following terms shall have the meanings indicated:
a. "Appropriate unit" means a unit of employee classes or positions,
established pursuant to Article II hereof.
Resolution No. 2025-08
Do "City" means the City of Diamond Bar, and, where appropriate herein, refers
to the City Council or any duly authorized City representative as herein defined.
c. "Confidential Employee" means an employee who, in the course of his or
her duties, has access to confidential information relating to the City's administration of
employer -employee relations.
d. "Consult/Consultation in Good Faith" means to communicate orally or in
writing with all effected employee organizations, whether exclusively recognized or not,
for the purpose of presenting and obtaining views or advising of proposed actions in an
effort to reach a consensus; and, as distinguished from meeting and conferring in good
faith regarding matters within the required scope of such meet and confer process, does
not involve an exchange of proposals and counterproposals with an exclusively
recognized employee organization in an endeavor to reach agreement in the form of a
Memorandum of Understanding, nor is it subject to Article IV hereof.
e. "Day" means calendar day unless expressly stated otherwise.
f. "Employee Relations Officer" means the City Manager or his/her duly
authorized representative.
g. "Exclusively Recognized Employee Organization" means an employee
organization which has been formally acknowledged by the City as the sole employee
organization representing the employees in an appropriate representation unit pursuant
to Article II hereof, having the exclusive right to meet and confer in good faith concerning
statutorily required subjects pertaining to unit employees, and thereby assuming the
corresponding obligation of fairly representing such employees.
h. "Impasse" means that the representatives of the City and a Recognized
Employee Organization have reached a point in their meeting and conferring in good faith
where their differences on matters to be included in a Memorandum of Understanding,
and concerning which they are required to meet and confer, remain so substantial and
prolonged that further meeting and conferring would be futile.
i. "Management Employee" means an employee having responsibility for
formulating, administering or managing the implementation of City policies and programs.
j. "Proof of Employee Support" means (1) an authorization card recently
signed and personally dated by an employee, or (2) a verified authorization petition or
petitions recently signed and personally dated by an employee, or (3) employee dues
deduction authorization, using the payroll register for the period immediately prior to the
date a petition is filed hereunder, except that dues deduction authorizations for more than
one employee organization for the account of any one employee shall not be considered
as proof of employee support for any employee organization. The only authorization
which shall be considered as proof of employee support hereunder shall be the
2
Resolution No. 2025-08
authorization last signed by an employee. The words "recently signed' shall mean within
ninety (90) days prior to the filing of a petition.
k. "Supervisory Employee" means any employee having authority, in the
interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign,
reward, or discipline other employees, or responsibly to direct them, or to adjust their
grievances, or effectively to 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.
Article II —Representation Proceedings
Sec. 3. Filing of Recognition Petition by Emplovee Organizations:
Any employee organization which seeks to be formally acknowledged as an
Exclusive Recognized Employee Organization representing the employees in an
appropriate unit shall file a petition with the Employee Relations Officer 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 the organization.
d. A statement that the employee organization has, as one of its primary
purposes, the responsibility of representing employees in their employment relations with
the City.
e. A statement whether the employee organization is a chapter of, or affiliated
directly or indirectly in any manner, with a local, regional, state, national or international
organization, and, if so, the name and address of each such other organization.
f. Certified copies of the employee organization's constitution and bylaws.
g. A designation of those persons, not exceeding two in number, and their
addresses, to whom notice sent by regular United States mail will be deemed sufficient
notice on the employee organization for any purpose.
h. A statement that the employee organization has
membership based on race, color, religion, creed, sex, national
orientation, mental or physical disability or medical condition.
3
no restriction on
origin, age, sexual
Resolution No. 2025-08
i. The job classifications or position titles of employees in the unit claimed to
be appropriate and the approximate number of member employees therein.
statement that the employee organization has in its possession proof of
employee support as herein defined to establish that a majority of the employees in the
unit claimed to be appropriate have designated the employee organization to represent
them in their employment relations with the City. Such written proof shall be submitted for
confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested
third party.
k. A request that the Employee Relations Officer formally acknowledge the
petitioner as the Exclusively Recognized Employee Organization representing the
employees in the unit claimed to be appropriate for the purpose of meeting and conferring
in good faith.
The Petition, including the proof of employee support and all accompanying
documentation, shall be declared to be true, correct and complete, under penalty of
perjury, by the duly authorized officer(s) of the employee organization executing it.
Sec. 4. City Response to Recognition Petition:
Upon receipt of the Petition, the Employee Relations Officer shall determine
whether:
a. There has been compliance with the requirements of the Recognition
Petition, and
b. The proposed representation unit is an appropriate unit in accordance with
Sec. 8 of this Article II.
If an affirmative determination is made by the Employee Relations Officer on the
foregoing two matters, he/she shall so inform the peoning employee organization, shall
give written notice of such request for recognition to the employees in the unit and shall
take no action on said request for thirty (30) days thereafter. If either of the foregoing
matters are not affirmatively determined, the Employee Relations Officer shall offer to
consult thereon with such petitioning employee organization and, if such determination
thereafter remains unchanged, shall inform that organization of the reasons therefore in
writing. The petitioning employee organization may appeal such determination in
accordance with Sec. 11 of this Resolution.
Sec. 5. Open Period for Filing Challenging Petition:
Within thirty (30) days of the date written notice was given to affected employees
that a valid recognition petition for an appropriate unit has been filed, any other employee
organization may file a competing request to be formally acknowledged as the exclusively
E�
Resolution No. 2025-08
recognized employee organization of the employees in the same or in an overlapping unit
(one which corresponds with respect to some, but not all classifications or positions set
forth in the recognition petition being challenged), by filing a petition evidencing proof of
employee support in the unit claimed to be appropriate of at least thirty (30) percent and
otherwise in the same form and manner as set forth in Sec. 3 of this Article II. If such
challenging petition seeks establishment of an overlapping unit, the Employee Relations
Officer shall call for a hearing on such overlapping petitions for the purpose of
ascertaining the more appropriate unit, at which time the petitioning employee
organizations shall be heard. Thereafter, the Employee Relations Officer shall determine
the appropriate unit or units in accordance with the standards in Sec. 8 of this Article ll.
The petitioning employee organizations shall have fifteen (15) days from the date notice
of such unit determination is communicated to them by the Employee Relations Officer
to amend their petitions to conform to such determination or to appeal such determination
pursuant to Sec. 11 of this Article Il. If after the conclusion of the 30-day waiting period,
no other employee organization submits a petition seeking to represent the same unit of
employees, the Employee Relations Officer shall grant recognition to the only petitioning
organization as the exclusive bargaining representative, without requiring an election (as
set forth in Section 6 of Article I I).
Sec. 6. Election Procedure:
The Employee Relations Officer shall arrange for a secret ballot election to be conducted
by a party agreed to by the Employee Relations Officer and the concerned employee
organization(s), in accordance with such party's rules and procedures subject to the
provisions of this Resolution. All employee organizations who have duly submitted
petitions which have been determined to be in conformance with this Article II shall be
included on the ballot. The ballot shall also reserve to employees the choice of
representing themselves individually in their employment relations with the City.
Employees entitled to vote in such election shall be those persons employed in regular
permanent positions within the designated appropriate unit who were employed during
the pay period immediately prior to the date which ended at least fifteen (15) days before
the date the election commences, including those who did not work during such period
because of illness, vacation or other authorized leaves of absence, and who are
employed by the City in the same unit on the date of the election. An employee
organization shall be formally acknowledged as the Exclusively Recognized Employee
Organization for the designated appropriate unit following an election or run-off election
if it received a numerical majority of all valid votes cast in the election. In an election
involving three or more choices, where none 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; the rules governing an initial election being
applicable to a run-off election.
There shall be no more than one valid election under this Resolution in any
petition in a 12-month period affecting the same unit.
5
Resolution No. 2025-08
In the event that the parties are unable to agree on a third party to conduct an
election, the election shall be conducted by the California State Mediation and
Conciliation Service.
Costs of conducting elections shall be borne in equal shares by the City and by
each employee organization appearing on the ballot.
Sec. 7. Procedure for Decertification of Exclusively Recognized Employee
Organization.
A Decertification Petition alleging that the incumbent Exclusively Recognized
Employee Organization no longer represents a majority of the employees in an
established appropriate unit may be filed with the Employee Relations Officer only during
the month of March of any year following the first full year of recognition or during the
thirty (30) day period commencing one hundred twenty (120) days prior to the termination
date of a Memorandum of Understanding then having been in effect less than three (3)
years, whichever occurs later. A Decertification Petition may be filed by two or more
employees or their representative, or an employee organization, and shall contain the
following information and documentation declared by the duly authorized signatory under
penalty of perjury to be true, correct and complete:
a. The name, address and telephone number of the petitioner and a
designated representative authorized to receive notices or requests for further
information.
b. The name of the established appropriate unit and of the incumbent
Exclusively Recognized Employee Organization sought to be decertified as a
representative of that unit.
c. An allegation that the incumbent Exclusively Recognized Employee
Organization no longer represents a majority of the employees in the appropriate unit,
and any other relevant and material facts relating thereto.
d. Proof of employee support that at least thirty (30) percent of the employees
in the established appropriate unit no longer desire to be represented by the incumbent
Exclusively Recognized Employee Organization. Such proof shall be submitted for
confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested
third party within the time limits specified in the first paragraph of this Section.
An employee organization may, in satisfaction of the Decertification Petition
requirements hereunder, file a Petition under this Section in the form of a Recognition
Petition that evidences proof of employee support of at least thirty (30) percent, that
includes the allegation and information required under paragraph (c.) of this Section 7,
and otherwise conforms to the requirements of Section 3 of this Article.
0
Resolution No. 2025-08
The Employee Relations Officer shall initially determine whether the Petition has
been filed in compliance with the applicable provisions of this Article II. If his/her
determination is in the negative, he/she shall offer to consult thereon with the
representative(s) of such petitioning employees or employee organization and, if such
determination thereafter remains unchanged, shall return such Petition to the employees
or employee organization with a statement of the reasons therefore in writing. The
petitioning employees or employee organization may appeal such determination in
accordance with Sec. 11 of this Article ll, If the determination of the Employee Relations
Officer is in the affirmative, or if his negative determination is reversed on appeal, he/she
shall give written notice of such Decertification or Recognition Petition to the incumbent
Exclusively Recognized Employee Organization and to unit employees.
The Employee Relations Officer shall thereupon arrange for secret ballot election
to be held on or about fifteen (15) days after such notice to determine the wishes of unit
employees as to the question of decertification and, if a Recognition Petition was duly
filed hereunder, the question of representation. Such election shall be conducted in
conformance with Sec. 6 of this Article II.
During the "open period" specified in the first paragraph of this Sec. 7, the
Employee Relations Officer may on his/her own motion, when he/she has reason to
believe that a majority of unit employees no longer wish to be represented by the
incumbent Exclusively Recognized Employee Organization, give notice to that
organization and all unit employees that he/she will arrange for an election to determine
that issue. In such event any other employee organization may within fifteen (15) days of
such notice file a Recognition Petition in accordance with this Sec 7, which the Employee
Relations Officer shall act on in accordance with this Sec. 7.
If, pursuant to this Sec. 7, a different employee organization is formally
acknowledged as the Exclusively Recognized Employee Organization, such organization
shall be bound by all the terms and conditions of any Memorandum of Understanding
then in effect for its remaining term.
Sec. 8. Policy and Standards for Determination of Appropriate Units:
The policy objectives in determining the appropriateness of units shall be the
effect of a proposed unit on (1) the efficient operations of the City and its compatibility
with the primary responsibility of the City and its employees to effectively and
economically serve the public, and (2) providing employees with effective representation
based on recognized community of interest considerations. These policy objectives
require that the appropriate unit shall be the broadest feasible grouping of position that
share an identifiable community of interest. Factors to be considered shall be.
a. Similarity of the general kinds of work performed, types of qualifications
required, and the general working conditions.
7
Resolution No. 2025-08
Da History of representation in the City and similar employment; except
however, that no unit shall be deemed to be an appropriate unit solely on the basis of the
extent to which employees in the proposed unit have organized.
c. Consistency with the organizational patterns of the City.
d. Effect %J differing legally mandated impasse resolution procedures.
e. Number of employees and classifications, and the effect on the
administration of employer -employee relations created by the fragmentation of
classifications and proliferation of units.
f. Effect on the classification structure and impact on the stability of the
employer -employee relationship of dividing a single or related classifications among two
or more units.
Notwithstanding the foregoing provisions of this Section, managerial, supervisory
and confidential responsibilities, as defined in Sec. 2 of this Resolution, are determining
factors in establishing appropriate units hereunder, and therefore managerial, supervisory
and confidential employees may only be included in a unit consisting solely of managerial,
supervisory or confidential employees respectively. Managerial, supervisory and
confidential employees may not represent any employee organization which represents
other employees.
The Employee Relations Officer shall, after notice to and consultation with affected
employee organizations, allocate new classifications or positions, delete eliminated
classifications or positions, and retain, reallocate or delete modified classifications or
positions from units in accordance with the provisions of this Section. The decision of the
Employee Relations Officer shall be final.
Sec. 9. Procedure for Modification of Established Appropriate Units:
Requests by employee organizations for modifications of established appropriate
units may be considered by the Employee Relations Officer only during the period
specified in Sec. 7 of this Article II. Such requests shall be submitted in the form of a
Recognition Petition and, in addition to the requirements set forth in Sec. 3 of this Article,
shall contain a complete statement of all relevant facts and citations in support of the
proposed modified unit in terms of the policies and standards set forth in Sec. 8 hereof.
The Employee Relations Officer shall process such petitions as other Recognition
Petitions under this Article II.
The Employee Relations Officer may by his own motion propose that an
established unit be modified. The Employee Relations Officer shall give written notice of
the proposed modification(s) to any affected employee organization and shall hold a
meeting concerning the proposed modification(s), at which time all affected employee
E:3
Resolution No. 2025-08
organizations shall be heard. Thereafter the Employee Relations Officer shall determine
the composition of the appropriate unit or units in accordance with Sec. 8 of this Article II,
and shall give written notice of such determination to the affected employee
organizations. The Employee Relations Officer's determination may be appealed as
provided in Section 11 of this Article. If a unit is modified pursuant to the motion of the
Employee Relations Officer hereunder, employee organizations may thereafter file
Recognition Petitions seeking to become the Exclusively Recognized Employee
Organization for such new appropriate unit or units pursuant to Sec. 3 hereof.
Sec. 10. Procedure for Processing Severance Requests:
An employee organization may file a request to become the recognized employee
organization of a unit alleged to be appropriate that consist of a group of employees who
are already a part of a larger established unit represented by another recognized
employee organization. The timing, form and processing of such request shall be as
specified in Sec. 9 for modification requests.
Sec.11. Appeals:
An employee organization aggrieved by an appropriate unit determination of the
Employee Relations Officer; or an employee organization aggrieved by determination of
the Employee Relations Officer that a Recognition Petition (Sec. 3), Challenging Petition
(Sec. 5), Decertification Petition (Sec. 7), Unit Modification Petition (Sec. 9) --- or
employees aggrieved by a determination of the Employee Relations Officer at a
Decertification Petition (Sec. 7) --- has not been filed in compliance with the applicable
provisions of this Article, may, within ten (10) days of notice of the Employee Relations
Officer's final decision, request to submit the matter to mediation by the State Mediation
and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination
to the City Council for final decision within fifteen (15) days of notice of the Employee
Relations Officer's determination or the termination of mediation proceedings, whichever
is later.
Appeals to the City Council shall be filed in writing with the City Clerk, and a copy
thereof served on the Employee Relations Officer. The City Council shall commence to
consider the matter within thirty (30) days of the filing of the appeal. The City Council
may, in its discretion, refer the dispute to a third party hearing process. Any decision of
the City Council on the use of such procedure, and/or any decision of the City Council
determining the substance of the dispute shall be final and binding.
Article III -Administration
Sec.12. Submission of Current Information by Recognized Employee
Organizations:
Resolution No. 2025-08
All changes in the information filed with the City by an Exclusively Recognized
Employee Organization under items (a.) through (h.) of its Recognized Petition Under
Sec. 3 of this Resolution shall be submitted in writing to the Employee Relations Officer
within fourteen (14) days of such change.
Sec. 13. Employee Organization Activities -Use of City Resources:
Access to City work locations and the use of City paid time, facilities, equipment
and other resources by employee organizations and those representing them shall be
authorized only to the extent provided for in Memoranda of Understanding and/or
administrative procedures, shall be limited to lawful activities consistent with the
provisions of this Resolution that pertain directly to the employer -employee relationship
and not such internal employee organization business as soliciting membership,
campaigning for office, and organization meetings and elections, and shall not interfere
with the efficiency, safety and security of City operations.
Sec. 14. Administrative Rules and Procedures:
The City Manager is hereby authorized to establish such rules and procedures as
appropriate to implement and administer the provisions of this Resolution after
consultation with affected employee organizations.
Article IV -Impasse Procedures
Sec. 15. Initiation of Impasse Procedures:.
If the meet and confer process has reached impasse as defined in Section 2 of
this Resolution, either party may initiate the impasse procedures by filing with the other
party a written request for an impasse meeting, together with a statement of its position
on all issues. An impasse meeting shall then be scheduled promptly by the Employee
Relations Officer. The purpose of such meeting shall be:
a. To review the position of the parties in a final effort to reach agreement on
a Memorandum of Understanding; and
b. If the impasse is not resolved, to discuss arrangements for the utilization of
the impasse procedures provided herein.
Sec. 16. Impasse Procedures:
10
Resolution No. 2025-08
Impasse procedures are as follows:
a. If the parties agree to submit the dispute to mediation, and agree on the
selection of a mediator, the dispute shall be submitted to mediation. All mediation
proceedings shall be private. The mediator shall make no public recommendation, nor
take any public position at any time concerning the issues.
b. If the parties fail to agree to submit the dispute to mediation or fail to agree
on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen
(15) days after the mediator commenced meeting with the parties, the parties may agree
to submit the impasse to fact-finding.
If the parties agree on fact-finding, they may agree on the appointment of
one or more fact -finders. If they fail to so agree on one or more fact -finders, a fact-finding
panel of three (3) shall be appointed in the following manner: One member of the panel
shall be appointed by the Employee Relations Officer, one member shall be appointed by
the Exclusively Recognized Employee Organization, and those two shall name a third,
who shall be the chairperson. If they are unable to agree upon a third, they shall select
by agreement the third member from one or more lists of seven (7) names of individuals
having fact-finding experience in the municipal sector to be provided by the California
State Mediation and Conciliation Service.
The following constitute the jurisdictional and procedural requirements for
fact-finding:
(1) The fact -finders shall consider and be guided by applicable federal and
State laws.
(2) Subject to the stipulations of the parties, the fact -finders shall determine and
apply the following measures and criteria in arriving at their findings and
recommendations:
a. First, as relevant to the issues in dispute, the fact -finders shall
compare the total compensation, hours and conons of employment of the employees
involved in the fact-finding proceeding with the total compensation, hours and conditions
of employment of other employees performing similar services in public and private
employment in the same and comparable communities. "Total compensation" shall mean
all wage compensation, including but not limited to premium, incentive, minimum,
standby, out -of -class and deferred pay; all paid leave time; all allowance, including but
not limited to educational and uniform benefits; and employer payments for all health,
welfare and pension benefits.
b. The fact -finders shall then adjust the results of the above
comparisons based on the following factors:
11
Resolution No. 2025-08
(i) The compensation necessary
personnel.
to recruit and retain qualified
(ii) Maintaining compensation relationships between job classifications
and positions within the City.
(iii) The pattern of change that has occurred in the total compensation
of the employees in the unit at impasse as compared to the pattern of change in the
average "consumer price index" for goods and services, and the patter of change in
wages and compensation of other wage earners.
c. The fact -finders) shall then determine preliminary recommendations
based on the comparisons as adjusted above which, however, shall be reduced as
appropriate based on the financial resources of the City to implement them. In assessing
the City's financial resources, the fact-finder(s) shall be bound by the following:
(i) Other legislatively determined and projected demands on agency
resources, i.e., budgetary priorities as established by the governing body; and
(ii) Allowance for equitable compensation increases for other
employees and employee groups for the corresponding fiscal period(s); and
(iii) Revenue projections not to exceed currently authorized tax and fee
rates for the relevant fiscal year(s); and
(iv) Assurance of sufficient and sound budgetary reserves; and
(v) Constitutional, statutory limitations on the level and use of revenues
and expenditures.
(3) The fact -finders shall make written findings of fact, and advisory
recommendations for the resolution of the issues in dispute, which shall be presented in
terms of the criteria, adjustments, and limitations specified above. Any member of a fact-
finding panel shall be accorded the right to file dissenting written findings of fact and
recommendations. The fact -finder or chairperson of the fact-finding panel shall serve
such findings and recommendations on the Employee Relations Officer and the
designated representative of the Exclusively Recognized Employee Organization. If
these parties have not resolved the impasse within ten (10) days after service of the
findings and recommendations upon them, the fact -finder or the chairperson of the fact-
finding panel shall make them public by submitting them to the City Clerk for consideration
by the City Council in connection with the Council's legislative consideration of the
impasse.
If the parties did not agree on mediation or the selection of a mediator and did not
agree on fact-finding, or having so agreed, the impasse has not been resolved, the City
Resolution No. 2025-08
Council may take such action regarding the impasse as it in its discretion deems
appropriate as in the public interest. Any legislative action by the City Council on the
impasse shall be final and binding.
Sec. 114 Costs of Impasse Procedures:
The cost for the services of a mediator and fact -finder or chairperson of a fact-
finding panel utilized by the parties, and other mutually incurred costs of mediation and
fact-finding, shall be borne equally by the City and Exclusively Recognized Employee
Organization. The cost for a fact-finding panel member selected by each party, and other
separately incurred costs, shall be borne by such party.
Article V -Miscellaneous Provisions:
Sec.18. Construction:
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 purpose as set
forth in Article I.
(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 strike, sickout or other total
or partial stoppage or slowdown of work. In consideration of and as a condition of initial
and continued employment by the City, employees recognize that any such actions by
them are in violation of their conditions of employment except as expressly otherwise
provided by legally preemptive state or contrary local law. In the event employees engage
in such actions, they shall subject themselves to discipline up to and including
termination, and may be replaced, to the extent such actions are not prohibited by
preemptive law; and employee organizations may thereby forfeit rights accorded them
under City law or contract.
Sec.19. Severability:
If any provision of this Resolution, or the application of such provision to any
persons or circumstances, 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.
13
Resolution No, 2025-08
PASSED APPROVED AND ADOPTED this 1s, day of April, 2025,
CITY OF DIAMOND BAR
Chia Yu Teng, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the City
Council of the City of Diamond Bar held on the 1st day of April, 2025, by the following
vote
AYES: COUNCIL MEMBERS: Chou, Liu, Low, MPT/Tye, M/Teng
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS No None
ABSTAINED: COUNCIL MEMBERS: None
Kristina Santana, City Clerk