The ordinance codified in this chapter shall be referred to
as the employee relations ordinance.
(SCC 8 § 2, 1970; SCC
1679 § 1, 2021)
For the purpose of this chapter, certain words and phrases are
defined as follows:
a.
"Concerned
employee organization" means: (1) an organization with a showing of
interest of ten percent of the employees in classification in an existing
or proposed unit; (2) an employee organization certified as recognized
in respect to an affected unit; (3) an employee organization that
has filed a valid petition; and (4) an organization that has filed
a valid petition which overlaps the proposed or existing unit in respect
to some or all of the same classification sought in the petitions.
Status as such is dependent on qualification by specified dates as
to any unit issues or as to an election respectively;
b.
"Confidential
employee" means an employee who regularly participates in making or
regularly has advance knowledge of decisions of the County affecting
employee relations;
c.
"Consult"
means to communicate orally or in writing for the purpose of presenting
and obtaining views or advising of intended actions;
d.
"County"
means the County of Sacramento, and where appropriate herein, "County"
refers to the Board of Supervisors of the County of Sacramento, or
any duly authorized management representative of the County;
e.
"County
Executive" means the County Executive of the County of Sacramento
or designated representative;
f.
Dates
or Days. Dates or the last of a number of days specified in this chapter
shall be deemed extended to the next day on which County offices are
generally open to the public if they fall on Saturday, Sunday, or
on a day recognized by the County as a holiday. Such extension does
not extend subsequent deadlines.
g.
"Employee"
and "employee organization" mean the same as defined in Section 3501
of the Government Code;
h.
"Employees in the unit" refers to regular County employees as shown by the payroll for the biweekly pay period immediately preceding any period of filing or qualification. "A regular employee" means the same as defined in Section 2.78.276 of the Sacramento County Code;
i.
"Filing"
with the County Executive means received in the office of the County
Executive as of the specified date no later than five p.m.;
j.
"Management
employee" means an employee having significant responsibilities for
formulating and/or administering County policies and programs, and
includes, but is not limited to, the County Executive, department
heads, and assistant department heads;
k.
"Negotiate"
means meet and confer in good faith pursuant to Section 3505 of the
Government Code;
l.
"Recognized
employee organization" means an employee organization, or its duly
authorized representative, that has been certified as representing
a majority of employees in an appropriate representation unit;
m.
"Showing
of interest" means evidence of interest from currently effective dues
paid membership cards or lists, authorization cards recently signed
by employees, a list of employees authorizing current payroll deductions
for membership dues, and a petition or petitions recently signed by
employees. The words "recently signed" means signed within six months
prior to filing such evidence;
n.
"Supervisory
employee" means an employee having authority to hire, transfer, suspend,
layoff, recall, promote or discharge other employees, or to effectively
recommend such action, or responsibility to direct them, or to adjust
their grievances, if in the foregoing he is accountable to the appointing
authority for such action and the exercise of such accountability
is not merely of routine or clerical nature but requires the use of
independent judgment;
o.
"Unit"
means a group of employees established pursuant to the provisions
of this chapter as an entity appropriate for representation purposes.
(SCC 8 § 1, 1970; SCC
106 § 1, 1972; SCC 1190 § 1,
2001; SCC 1679 § 1, 2021)
This chapter shall not infringe on rights guaranteed individual
employees in Section 3500-3511 of the Government Code.
(SCC 8 § 1, 1970; SCC
1679 § 1, 2021)
a.
All
employee organizations, whether or not recognized pursuant to this
chapter, shall retain the right to consult with the County upon request
and other rights granted employee organizations in Sections 3500 through
3511 of the Government Code.
b.
Only
recognized employee organizations shall be entitled to negotiate on
matters within the scope of representation and other rights granted
recognized employee organizations in Sections 3500 through 3511 of
the Government Code.
c.
A recognized
employee organization shall have the right to represent all employees
included in a unit the organization represents.
d.
A recognized
employee organization, upon request, shall have the opportunity to
be present at any consultation between the County and an individual
employee, his representative, or another employee organization if
the employee involved is a member of a unit represented by the recognized
employee organization and if the matter under consultation comes within
the scope of representation and affects other members of the unit.
e.
A recognized
employee organization, subject to such controls as may be imposed
by the County or negotiated between the County Executive and recognized
employee organizations, may utilize County conference rooms and similar
building facilities for meeting with employees in the unit it represents;
may post material on bulletin boards located to serve employees in
a unit it represents; and may visit work locations to confer with
its members regarding grievances or other business within the scope
of representation. Access to work locations shall require approval
of the appointing authority or other persons in charge of the location
to ensure that there is no interference with normal operations or
safety or security requirements.
f.
Within
a unit, dues deductions shall be permitted only for members of the
recognized employee organization.
(SCC 8 § 1, 1970; SCC
1679 § 1, 2021)
a.
No provision
of this chapter is intended nor shall it be construed to modify the
duties or authorities vested by law in the County, its Board of Supervisors,
County Executive, or elected or appointed department heads. The rights
of the County include, but are not limited to, the exclusive right
to determine the mission of its constituent departments, commissions,
and boards; set standards of service; direct its employees; take disciplinary
action, relieve its employees from duty because of lack of work or
for other legitimate reasons; 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.
b.
No provision
of this chapter is intended nor shall it be construed to modify the
provisions of the Charter relating to merit civil service or personnel
administration. The civil service commission shall continue to exercise
authority over classification of jobs, procedures and standards of
selection for employment and promotion, and disciplinary appeals.
c.
No provision
of this chapter is intended to restrict consultation with employee
organizations regarding matters within the right of the County to
determine nor to restrict grievances arising from the practical consequences
of determinations made by the County.
(SCC 8 § 1, 1970; SCC
1679 § 1, 2021)
New units, that is, those that do not effect a removal of classifications
from existing units, shall be initiated and determined in the same
manner as modifications of units. Units of professional employees
may be either new units, or if they effect a removal of one or more
classifications from a unit, a modification of a unit.
Petitions for new units may be filed between December 1st and
December 20th of any calendar year.
(SCC 8 § 1, 1970; SCC
106 § 2, 1972; SCC 1679 § 1,
2021)
a.
When a petition for arbitration is filed pursuant to subsection (d) of Section 2.79.110 of this chapter, the County Executive and concerned employee organizations shall attempt to agree on an arbitrator prior to January 15th. If they have not reached agreement by January 15th, the matter shall be referred to the American Arbitration Association regional office. That association shall select an arbitrator by five p.m. on January 20th. The procedure specified in this subsection, but not the specified dates, shall apply to modifications initiated pursuant to subsections (e) and (f) of Section 2.79.110 of this chapter.
b.
The arbitrator shall arrive at his decision following the standards set forth in Section 2.79.080 of this chapter for the determination of a unit. In addition, the arbitrator shall leave employees in the unit they were in prior to the change in title, definition, or typical tasks of a classification if those changes do not substantially alter the description of the classifications.
c.
The
County shall pay one-half and the other parties shall share the other
half of the cost of all fees and appropriate expenses of the arbitrator,
including the fee of a court reporter if required by the arbitrator,
when the issue consists of a unit determination or whether certain
employees are management, confidential, or supervisory. The costs
shall be apportioned among the employee organizations as determined
by the arbitrator.
(SCC 8 § 1, 1970; SCC
70 § 1, 1972; SCC 106 § 3, 1972; SCC 1190 § 2, 2001; SCC 1679
§ 1, 2021)
a.
Any arbitration held for the purpose of determining units, or resolving disputes arising under subsections (e) and (f) of Section 2.79.110 of this chapter, and no other arbitration, shall be conducted pursuant to the Voluntary Labor Arbitration Rules of the American Arbitration Association as they were in effect on January 1, 1970 (hereafter AAA Rules), and shall bind such arbitration insofar as they are not inconsistent with Sections 3500 et seq., of the Government Code, this chapter, and the following procedures except that Sections 7, 8, 9 and 45 of the AAA Rules are specifically declared inapplicable to such arbitration. Further Section 35 of such rules is inapplicable to any time limits set by this chapter.
b.
The
petitions for arbitration and the answers thereto shall be treated
as the claim and answer thereto stated in the AAA Rules.
c.
The
parties to such arbitration are the County Executive and concerned
employee organizations.
d.
The
arbitrator shall not receive new claims. The arbitrator may not admit
new parties to the arbitration.
e.
A party's
participation in any sessions of the hearing may be restricted to
expedite the proceedings when the arbitrator determines that the party
does not have an interest in any claim being heard at that time.
f.
The
interested parties may stipulate to the establishment of a particular
unit at any time before the arbitrator concludes the hearings. Such
stipulation shall have the effect of removing the agreed classifications
from the jurisdiction of the arbitrator to decide. As used in this
subsection, "interested parties" means those who have filed a petition
for arbitration and those who have filed an answer thereto covering
the classifications affected. The stipulation shall state:
g.
For
purposes of this subsection an answer to a petition for arbitration
shall be filed in the office of the County Executive by five p.m.
on January 20th, or, in the case of an expired memorandum of understanding,
within five days of filing of the petition for arbitration.
h.
The
arbitrator shall render the decision by March 10th, or, in the case
of an expired memorandum of understanding, within ninety days of the
petition for arbitration. The arbitrator may state the reasons for
the decision at a subsequent date if he so desires.
(SCC 106 § 4, 1972; SCC
1190 § 3, 2001; SCC 1679 § 1,
2021)
a.
The
following standards shall be applied in determining the appropriate
unit:
1.
The
unit shall include the broadest feasible group of employees who share
a community of interest. Factors to be considered shall include the
extent to which employees have similar working conditions, supervisions,
educational requirements, and related occupations or job classifications
and duties;
2.
The
unit shall contribute to sound employee-employer relations. Consideration
shall be given to whether management at the level of the unit has
the authority to negotiate or to make effective recommendations on
matters within the scope of representation;
3.
Consideration
shall be given to the effect of the unit on the efficient operation
of County services;
4.
Consideration
may be given to factors such as the history of employee relations
in the unit, among other employees of the County, and in similar public
employment and other factors not inconsistent with this chapter;
5.
A
class shall not be included in more than one unit except when included
in a management, supervisory, or confidential unit and another unit.
b.
Professional
employees, as defined by Section 3507.3 of the Government Code, may
not be included in a unit with nonprofessional employees if a majority
of the employees in a profession petition the County Executive to
determine a separate unit for such professional employees. Upon receiving
such a petition, the County Executive shall ascertain whether the
employees involved are professional within the meaning of Section
3507.3 of the Government Code and whether a majority of the professional
employees did in fact petition to establish a separate unit. If he
or she finds they are professional, he or she shall direct that a
secret ballot election be conducted to select a recognized employee
organization to represent said professional employees.
c.
Management
and confidential employees are restricted from representing any employee
organization, which represents other employees of the County, on matters
within the scope of representation.
d.
Management,
confidential and supervisory employees shall not be included in any
unit which includes employees other than management, confidential
or supervisory.
e.
Law
enforcement personnel, consisting of peace officers as defined by
the Penal Code, shall be included in a unit or units consisting solely
of such employees, and shall not participate in employee organizations
which are subordinate to any other organization.
f.
Employees
shall not be included in a unit which includes employees that are
not governed by the same impasse resolution procedures.
(SCC 8 § 1, 1970; SCC
1190 § 4, 2001; SCC 1679 § 1,
2021)
a.
After
an employee representation unit is determined, either by mutual agreement
of the County Executive and concerned employee organizations or by
an arbitrator, the employees' choice of employee organizations shall
be ascertained by secret ballot election conduction by the person
designated by the California State Mediation and Conciliation Service
or some other party agreed on by the County and concerned employee
organizations.
b.
An election
shall be held if an employee organization submits evidence of a thirty
percent showing of interest among employees in the unit. A showing
of interest preliminary to this election is sufficient provided it
covers thirty percent of the employees in the unit in which the election
will be held.
c.
Other
employee organizations shall be included in the ballot if they are
able to submit evidence of a ten percent showing of interest in the
unit within fifteen days following the determination of the unit or
March 25th, whichever is earlier. Preliminary to this election a showing
of interest is sufficient, provided it covers ten percent of the employees
in the unit in which the election will be held.
d.
In any
election, the choice of "no organization" shall be included on the
ballot.
e.
If no
choice receives a majority of the valid ballots cast, a runoff election
shall be conducted between the two choices receiving the largest and
second largest number of valid ballots cast.
f.
An employee
organization shall be certified by the Board of Supervisors as the
recognized employee organization for the unit involved if elected
by a majority of those casting valid ballots.
g.
From
December 1st through April 10th, or such later date as a runoff election
may be held, employee organizations shall be permitted reasonable
access to employees in work locations for the purpose of soliciting
support. Such access shall not interfere with County operations, and
shall be subject to the following rules:
1.
Employee
organizations may make recruiting efforts on County property provided
that they do not interfere with County business. No one shall be allowed
to attempt to recruit employees while they are performing their job
during duty hours. However, it is appropriate to permit organizations
to hold meetings on County property with employees who are off duty,
such as before or after work or during the lunch hour. Employee organizations
may announce such meetings in advance and those wishing to attend
may do so. In no event shall organizers be permitted to interrupt
employees on the job.
2.
Employee
organizations may distribute recruiting literature on County property
provided that they do not interfere with County business. No one shall
be allowed to distribute handouts in a manner which distracts employees
who are on the job performing their duties. However, it is appropriate
for departments to permit the distribution of literature in cafeterias,
lunchrooms, and public lobby areas. It is also appropriate to permit
supplies of literature to be left at locations where employees who
wish to do so may pick up copies or for the person in charge of an
office to distribute the literature or arrange to have it distributed
at the work locations. Organizers shall not be permitted to distribute
literature in the work place while employees are on duty.
3.
Representatives
of employee organizations shall notify a person in charge when they
enter a County facility and give advance notice when they wish to
meet in a County facility.
4.
Departments
shall arrange to post appropriate employee organization recruiting
posters or other materials on employee bulletin boards or in other
locations satisfactory for such purposes. If the amount of posted
material becomes too great, it may be necessary to regulate the amount
of space allocated to an organization or the length of time a particular
item may remain on the bulletin board. Departments shall provide equitable
treatment to all employee organizations. The uncontrolled posting
of employee organization recruiting posters shall not be permitted
on County property.
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Any questions concerning the application of the above rules
may be referred to the County Executive's office for resolution.
|
(SCC 8 § 1, 1970; SCC
106 § 5, 1972; SCC 163 § 1, 1974; SCC 1190 § 5, 2001; SCC 1679
§ 1, 2021)
a.
When an election is required pursuant to Section 2.79.090 of this chapter, it shall be conducted in the manner provided herein.
b.
The
election shall be by secret ballot under the supervision of an impartial
elections supervisor designated by the California State Mediation
and Conciliation Service.
c.
The
election shall be held no later than April 10th, unless otherwise
unanimously agreed by the County Executive and all organizations qualifying
as concerned employee organizations in respect to the election in
the specific unit involved.
d.
All
regular County employees holding status as such in classifications
included in the unit as of the end of the biweekly pay period ending
on or before March 15th shall be eligible to vote in such election
and no others.
e.
Each
concerned employee organization shall submit the designation it desires
on the ballot no later than twelve calendar days before the election.
If it fails to submit such designation, the elections supervisor shall
prepare a designation for use on the ballot. The elections supervisor
shall determine by lot the order in which the organizations appear
on the ballot.
f.
The
ballots shall include the question: "Do you wish to be represented
in respect to wages, hours and other conditions of employment by:"
designating in order the concerned employee organizations and concluding
with "no organization." The ballots shall be printed at County expense
under procedures approved by the election supervisor.
g.
A notice
of election in a form approved by the elections supervisor shall be
posted at locations serving employees in the unit at least five calendar
days prior to the election. An affidavit of posting will be required.
h.
The
County Executive and each concerned employee organization are authorized
to provide an observer at each fixed or roving poll. Each party shall
be responsible for the presence of its observers and neither balloting
nor counting shall be delayed because of the absence of one or more
observers.
i.
Any
observer may challenge the eligibility of a voter. It shall be the
duty of the elections supervisor or designee to mark the ballot of
the challenged voter as a challenged ballot. The designated arbitrator
shall subsequently determine the eligibility of the voter and either
count or reject the vote. The decision of the designated arbitrator
shall not be subject to appeal and shall be final and binding on all
parties.
j.
The
elections supervisor shall employ, at County expense, as assistants
in the conduct of the election, persons normally employed as election
officials by the County, who are not regular County employees. The
elections supervisor may also use the services of the assistant registrar
of voters and his staff. All such persons employed or used by the
elections supervisor are charged with a strict neutrality in the conduct
of their duties.
k.
Precincts
shall be agreed by the parties, or designated by the elections supervisor,
no later than twelve days before the election.
l.
The
election will be by secret ballot, and it is mutually understood that
the voters will be allowed to vote without interference, restraint
or coercion. Electioneering will not be permitted at or within one
hundred feet of the voting place. Violation of these rules by a party
may serve to void the election. At the conclusion of the election,
a certification on conduct of election signed by the authorized observers
and by the elections supervisor will be issued to the parties, in
respect to the election in the unit as to which they are parties.
m.
It is
further agreed that the results of this election shall be accepted
as binding on all parties for the period and purposes as provided
by this chapter.
n.
If any
ballots are challenged at the election, or the composition of the
precinct lists is challenged prior to the election, those challenges
shall be decided by an arbitrator selected by the California State
Mediation and Conciliation Service. The arbitrator must be selected
within two calendar days after the election and he must decide all
of the challenges within three calendar days of such selection whether
or not such periods end on a day which is a Saturday, Sunday or holiday.
The arbitrator's decision shall be final. It shall be in writing
but need only indicate whether the challenged ballot is allowed or
disallowed. Any hearing on such challenges shall not be reported by
a shorthand reporter unless ordered by one of the parties at that
party's expense. If so ordered, the arbitrator's decision shall not
be delayed awaiting a transcript.
Any fee or necessary expenses incurred in obtaining the services
of the arbitrator shall be prorated among the parties making challenges
in direct proportion to the number of challenges made by each party.
Before an arbitrator is selected, the representative of the
California State Mediation and Conciliation Service conducting the
election shall determine whether the challenged ballots could affect
the outcome of the election. If not, no arbitrator shall be appointed
pursuant to this subsection and the results of the election shall
be declared without reference to the challenged ballots.
o.
Any
runoff election required shall be conducted in accordance with these
procedures insofar as practicable. The election shall be conducted
as expeditiously as possible. The order and designation of the parties,
the precincts and precinct lists, except as the latter may be modified
by an arbitrator, shall be the same as those in the original election.
(SCC 106 § 6, 1972; SCC
163 § 1, 1974; SCC 1190 § 6,
2001; SCC 1679 § 1, 2021)
a.
If thirty percent of the employees in a representation unit petition the County Executive in writing to determine whether the recognized employee organization continues to represent a majority of the employees in the unit, the County Executive shall arrange for the person designated by the California State Mediation and Conciliation Service or some other party agreed on by the County Executive and concerned employee organizations to conduct a secret ballot election for such purpose. The recognized employee organization shall be decertified if a majority of those casting valid ballots vote for decertification. A petition for certification may accompany a petition for decertification, and the two questions may be decided in the same election, which shall be conducted as provided in Section 2.79.090 of this chapter.
b.
A petition for decertification to be valid may be filed with the County Executive only from January 2nd through February 15th, or at any time following the expiration of a memorandum of understanding covering employees in a unit subject to such petition, up until the point of a tentative agreement on a successor memorandum of understanding, except that unsuccessful ratification and approval of the successor agreement shall reopen the window to file the petition. The election shall not be held prior to March 10th, and no sooner than thirty days after the filing of the petition in the case of petitions submitted on an expired memorandum of understanding, nor shall it be held at all within the prior unit if the unit is finally modified as provided in Section 2.79.110 of this Code.
(SCC 8 § 1, 1970; SCC
106 § 7, 1972; SCC 163 § 1, 1974; SCC 1190 § 7, 2001; SCC 1679
§ 1, 2021)
a.
Except as provided under Section 2.79.111 of this chapter, no decertification or modification petitions shall be received, nor elections held in respect to any unit whose employees are covered by a multi-year memorandum of understanding whose term extends beyond the calendar year in which an election might otherwise be held pursuant to Section 2.79.095 of this chapter.
b.
A multi-year
memorandum of understanding shall not exceed a three-year term; provided
that, by mutual agreement, the County and an employee organization
may enter into memorandums not exceeding a five-year term.
(SCC 106 § 8, 1972; SCC
0779 § 1, 1989; SCC 0784 § 1,
1989; SCC 1208 § 1, 2002; SCC 1679 § 1, 2021)
b.
A petition for modification of a unit may be filed with the County Executive by an employee organization. The petition shall contain such information as may be prescribed by the County Executive. The petition may only be filed from December 1st to December 20th of the calendar year prior to the year in which the memorandum of understanding covering the unit is due to expire. If the memorandum of understanding covering the unit has already expired, a petition may be filed any time after expiration and prior to a tentative agreement on a successor agreement, except that unsuccessful ratification and approval of the successor agreement shall reopen the window to file the petition. Regarding newly established units, a valid petition may not be filed earlier than the calendar year succeeding the calendar year in which the unit was determined. These time limitations shall not apply to modifications initiated pursuant to subsections (e) or (f) of this section, nor shall such modifications affect the timing of modifications subject to initiation by petition.
c.
Upon the filing of a valid petition the County Executive shall so notify all employee organizations and shall cause notices to be posted at locations serving employees in the proposed unit. Organizations may qualify as concerned employee organizations by January 5th, or within fifteen days of the County providing notice to employee organizations of receipt of a petition filed on an expired agreement. In respect to modifications initiated pursuant to subsections (e) and (f) of this section a protest must be filed by a concerned employee organization no later than fifteen days following the mailing of notice to all employee organizations.
d.
If the County Executive and concerned employee organizations have yet to agree on a modification of the unit, any of the parties may petition to have an arbitrator decide on the modification. The petition shall contain such information as may be prescribed by the County Executive. The arbitration procedure shall be the same as prescribed under Section 2.79.070 of this chapter. Said petition may be filed no earlier than January 5th and by January 10th, or within twenty days of a notice from the County regarding receipt of a petition filed on an expired memorandum of understanding, except that this limitation shall not apply to modifications initiated pursuant to subsections (e) and (f) of this section. The matter shall be heard, submitted and decided by March 10th, or, in the case of arbitration petitions involving an expired memorandum of understanding, within ninety days of a petition to appeal to arbitration. Only the County Executive and concerned organizations shall participate in selection of the arbitrator and in the conduct of the arbitration.
e.
Modifications in units respecting the designation of positions as management or confidential may be proposed by the County Executive following, and related to, a departmental reorganization plan. Such proposal shall be processed and determined as provided in subsections (g), (h), and (i) of this section.
f.
Within
ten days of any final action changing the title, definition, or typical
tasks of a classification, the County Executive shall assign such
classification to an existing or a new representation unit, or declare
that no assignment to a representation unit shall be made. The County
Executive shall similarly assign or declare no assignment of new classifications
within ten days of final action creating such classifications.
g.
All
assignments of classifications to representation units, or declarations
of no assignment, shall be made by written notice of all employee
organizations of record with the County Executive and by posting in
as many of the work areas staffed by employees in the classification
as is practical.
i.
Assignments of classifications, declarations of no assignment or proposals pursuant to subsection (e) of this section shall be effective when the fifteen day period prescribed by subsection (c) of this section has run or upon the final resolution of this matter as otherwise provided in this section, whichever is later.
j.
In respect to modifications of units other than those initiated pursuant to subsections (e) and (f) of this section, the modification shall be effective for all purposes, except as stated herein, on the date on which the County Executive and all concerned employee organizations have executed a document stating:
1.
The
document qualifying each concerned employee organization;
2.
The
classifications included in the unit and any positions excluded because
they are designated management or confidential.
|
If agreement is not reached, modification shall be effective when determined pursuant to Section 2.79.075 of this chapter.
|
|
Notwithstanding the foregoing, employees shall remain covered
by any memorandums of understanding until their termination date on
June 30th.
|
(SCC 8 § 1, 1970; SCC
70 § 2, 1972; SCC 72 § 1, 1972; SCC 106 § 9, 1972; SCC 1190
§ 8, 2001; SCC 1679 § 1, 2021)
a.
As a result of changes in the law governing employee relations, the impasse procedures generally governing County employees differ from the impasse procedures governing certain County employees who are firefighters or law enforcement officers. Where employees governed by different impasse procedures are included within the same representation unit, there is an irreconcilable conflict in the method of resolving any impasse, where said conflict creates the potential for undermining the integrity of the employee relations program. This section serves as the means whereby the prohibition of Section 2.79.080(f) of this chapter may be effected, thereby ensuring that all employees in a representation unit are governed by the same impasse resolution procedures.
b.
Any other provision of this chapter notwithstanding, the County Executive shall have the authority to effect the prohibition of Section 2.79.080(f) of this chapter by proposing the modification of, or opposing the formation of, representation units that include employees covered by differing impasse resolution procedures.
c.
Consistent with subsections (a) and (b) above, the County Executive may petition for the modification of any and all existing units, including the modification of a unit previously determined within the same calendar year or the modification of a unit covered by a multiyear memorandum of understanding whose term extends beyond the calendar year in which an election might otherwise be held pursuant to Section 2.79.095 of this chapter.
d.
The
County Executive shall give notice of any proposed modification between
December 1st and December 20th of any calendar year; provided that,
where an employee organization files a petition to create a new unit
or modify an existing unit during said December period, the County
Executive shall have until five p.m. on January 20th to give notice
of any proposal to create a different unit or to modify an existing
unit in answer to any petition for arbitration filed by said employee
organization. Any employee organization certified as recognized in
respect to units proposed for modification shall be notified and joined
as a concerned employee organization in the unit modification proceedings.
e.
If the County Executive and concerned employee organizations are unable to agree on the determination of a unit, any of the parties may petition to have an arbitrator decide the issue by filing a petition for arbitration no earlier than January 5th and no later than January 10th. The unit determination standards and rules for conduct of the arbitration shall be the same as those set forth for unit determinations initiated by employee organizations under Sections 2.79.070, 2.79.075, and 2.79.080 of this chapter. Unless the parties otherwise agree, only one arbitrator shall be selected or appointed to hear all petitions for arbitration, whether initiated by the County or employee organizations, and the decision shall be treated as a single arbitration.
(SCC 1190 § 9, 2001; SCC
1679 § 1, 2021)
Notwithstanding subsection (a) of Section 2.79.105 or any other provision of this chapter, the following shall apply to the modification of units by expansion.
a.
Any
existing unit, including a unit covered by a multiyear memorandum
of understanding, may be expanded by the addition of existing classes,
if:
1.
Said
existing classes are not covered by a memorandum of understanding
which extends beyond the calendar year;
3.
Either
the County Executive and all concerned employee organizations agree
or an arbitrator makes such a determination to expand upon the request
of the County Executive or a concerned employee organization in a
unit determination arbitration.
b.
When
existing classes are added to an existing unit under the provisions
of subdivision (a) above, action shall be taken to commence negotiations
for the purpose of integrating such classes into any agreement covering
the unit for the period subsequent to June 30.
c.
Between
April 11th and June 30th, a unit which is covered by a multi-year
memorandum of understanding may be consolidated with one or more other
units into a single unit if, and only if, there is a unanimous agreement
by the County Executive and all concerned employee organizations.
Such consolidation shall not become effective unless the County Executive
and the employee organization which will represent the consolidated
unit have entered into an agreement regarding the application of existing
memorandums of understanding covering any employees in the units proposed
for consolidation.
(SCC 446 § 1, 1981; SCC
1679 § 1, 2021)
a.
Meetings
and conferences with employee organizations shall be conducted by
that County representative who has jurisdiction over the subject matter
of the discussions, as hereinafter provided.
1.
As
to those matters over which the Board of Supervisors or any other
County board or commission is vested with jurisdiction by law, the
County Executive or his designated representative shall represent
the County in any meetings and conferences with employee organizations
and in preparing any written memorandum of understanding jointly with
a recognized employee organization, for presentation to the Board
of Supervisors or other board or commission for determination.
2.
As
to those matters over which the County Executive is vested with jurisdiction
by law or by express or implied delegation by the Board of Supervisors,
the County Executive or his designated representative shall represent
the County in meetings and conferences with employee organizations.
3.
As
to those matters over which the respective appointing authorities
are vested with jurisdiction by law or by express or implied delegation
by the Board of Supervisors or County Executive, the respective appointing
authorities or their designated representatives shall represent the
County in meetings and conferences with employee organizations.
b.
In the
event the County representative and a recognized employee organization
are unable to agree, the parties individually or jointly may report
the disagreement to the Board of Supervisors or other County board
or commission which is vested with jurisdiction.
(SCC 8 § 1, 1970; SCC
1679 § 1, 2021)
The County Executive shall be responsible for the administration
of this chapter, including giving notice to and consulting with employee
organizations as required by Sections 3504.5 and 3507 of the Government
Code.
(SCC 8 § 1, 1970; SCC
1679 § 1, 2021)
Following guidelines negotiated with the County Executive, a
reasonable number of employees may be designated by a recognized employee
organization as official representatives. With reasonable advance
notice to their respective supervisors, such representatives may meet
and confer on County time with representatives of the County on matters
within the scope of representation, provided that in the event of
emergency they may be kept on the job, in which case the supervisor
shall so notify the appointing authority and the appointing authority
shall notify the County Executive.
(SCC 8 § 1, 1970; SCC
1679 § 1, 2021)
Two or more recognized employee organizations jointly may negotiate
with the County on matters within the scope of representation. When
matters under negotiation affect more than one recognized employee
organization, the County may arrange meetings and conferences to be
held jointly with the parties involved, and may negotiate jointly
with the recognized employee organizations.
(SCC 8 § 1, 1970; SCC
1679 § 1, 2021)
In the event that negotiations between a recognized employee
organization and County representatives do not result in agreement,
there may be joint consideration of whether to secure the assistance
of impartial third parties for the purpose of assisting the parties
to reach agreement. If there is agreement between the County representative
and the recognized employee organization as to the desirability of
third party assistance, a person or persons acceptable to all parties
shall be invited to assist the parties to reach agreement. The cost
of mediation shall be divided as required by law. The costs of other
forms of third party assistance shall be divided as agreed by the
parties.
(SCC 8 § 1, 1970; SCC
1679 § 1, 2021)
