[Adopted by Bill No. 75-66[1]]
A.Â
In order to promote harmonious and cooperative relationships
between the county and its employees and to protect the public by
assuring at all times the orderly and uninterrupted operations of
the county government, the County Council declares that it is the
public policy of the county, subject to the limitations of the Constitution
and the applicable laws of the state, that county employees be permitted
to participate effectively in the determination of the terms and conditions
of their employment.
B.Â
It is also the purpose of this Article to strengthen
the existing relationships between the county, its employees and their
representatives by imposing on each the obligation to enter into negotiations
with affirmative willingness to reach agreement in matters of wages,
hours, working conditions and other terms of employment with due regard
for and subject to the provisions of applicable laws and the Charter
provisions governing public employment and fiscal Charter provisions
governing public employment and fiscal procedures in the county.
For the purposes of this article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
A grouping of classified positions in the county service
which, by the application of the provisions of this Article, has been
deemed appropriate for the purposes of collective negotiations.
A procedure whereby parties unable to agree on a solution
to a problem indicate their willingness to submit their problem to
a third party for his opinion.
An employee who has a functional responsibility and assists
and acts in a confidential capacity to county officials who formulate,
determine and effectuate policies in the field of employee relations.
The county's fiscal year, July 1 to June 30.
All persons occupying classified positions as defined in
the Charter, except confidential employees and attorneys employed
to represent the county in any capacity.
The County Executive, the Director of Administration and
all department and office heads appointed in accordance with the Charter.
All references to "days" are deemed to be references to calendar
days.
Any lawful association, labor organization, federation, council
or brotherhood, the primary purpose of which is to represent county
employees concerning terms and conditions of employment and having
a local constitution or bylaws and a roster of officers duly elected
in accordance with such constitution or bylaws. Such term shall not
include any organization which:
An employee organization which has been certified as the
collective bargaining agent for an appropriate representation unit
for the purpose of representing county employees within that unit,
regardless of employee organization membership.
An employee organization which has complied with the provisions
of this Article that permit it to be included with the petitioning
organization as one (1) of the choices on the ballot in a representation
election.
The temporary withholding of work, by means of shutting down
an operation or function of the county, from a group of employees
in order to bring pressure on them or on their representatives to
accept a change in compensation or rights, privileges, obligations
or other terms and conditions of employment.
Any individual, including but not limited to a foreman, supervisor,
superintendent, chief, director or deputy director, whose primary
or exclusive functional responsibility is to exercise the authority,
in the interest of the county, to hire, transfer, suspend, lay off,
recall, promote, discharge, assign, reward or discipline other employees
or the responsibility 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.
The process whereby the parties seek to reconcile their differences
through the services of a third party who acts as an intermediary
in bringing the parties together and actively seeks to assist the
parties in reaching a settlement by making suggestions, providing
background information and noting avenues open to the parties for
settlement.
An employee engaged in work which is predominantly intellectual
and so varied in character that the output produced or the result
accomplished cannot be standardized in relation to a given period
of time and which requires knowledge of an advanced type in a field
of science or learning customarily acquired by a prolonged course
of specialized intellectual instruction and study in an institution
of higher learning, as distinguished from a general academic education
or from an apprenticeship or from training in the performance of routine
mental, manual or physical processes.
By concerted action, the failure to report for duty, the
willful absence from one's position, the stoppage or slowdown of work
or the abstinence in whole or in part from the full, faithful and
proper performance of the duties of employment for the purpose of
inducing, influencing, coercing or preventing a change in compensation
or rights, privileges, obligations or other terms and conditions of
employment.
A.Â
County employees shall have the right to form, join,
assist and participate in the activities of employee organizations
of their own choosing for the purpose of representation of all matters
of employee relations, except that management employees shall not
have the right to join, assist or participate in the activities of
any employee organization, or any of its affiliates, representing
or seeking to represent employees under their direction.
B.Â
Confidential employees shall not have the right to
join, assist or participate in the activities of any employee organization
representing or seeking to represent nonconfidential employees of
the county.
C.Â
County employees also shall have the right not to
join any employee organizations or participate in their activities
and shall have the right to represent themselves individually or designate
their personal representative in their employment relations with the
county.
D.Â
No employee shall be interfered with, intimidated,
restrained, coerced or discriminated against because of his exercise
of such rights.
E.Â
An employee organization officially certified as the
exclusive representative for a representation unit in accordance with
this Article is the only employee organization entitled to membership
dues deduction privileges after presentation of dues deduction authorization
cards signed by individual employees.
F.Â
Such privilege ceases upon decertification in accordance
with the provisions of this Article. Notwithstanding the above, no
employee organization membership dues shall be deducted on behalf
of any employee whose position is not included in an appropriate representation
unit or on behalf of any employee organization unless such organization
is the exclusive representative of the representation unit in which
the employee is working.
A.Â
Notwithstanding any other provision contained in this
Article, it is the exclusive right of the county to determine the
purposes and objectives of each of its constituent offices and departments,
to set standards of services to be offered to the public, to determine
the methods, means, personnel and other resources by which the county's
operations are to be conducted and to exercise control and discretion
over its organization and operations.
B.Â
It is also the responsibility of the county to direct
its employees to hire, promote, transfer, assign or retain employees
and to establish reasonable work rules and to demote, suspend, discharge
or take any other appropriate disciplinary action against its employees
for just cause and to relieve its employees from duty because of lack
of work or other legitimate reason, in accordance with the county
Charter and other applicable laws.
C.Â
The provisions of this Article shall be deemed to
be a part of every memorandum of agreement executed between the county
and an employee organization, provided that nothing contained in this
section shall be deemed to deny the right of any employee to submit
a grievance.
[Amended by Bill No. 77-121]
A.Â
An employee organization which seeks formal recognition,
for purposes of collective bargaining, as an exclusive representative
of employees in an appropriate representation unit shall file a petition
for certification with the Personnel Officer, containing the following
information and documentation:
(1)Â
A certified copy of the organization's constitution
or bylaws, along with a roster of officers duly elected in accordance
with such constitution or bylaws and a delineation of all intraorganizational
and interorganizational affiliations.
(2)Â
A statement that the employee organization has as
a primary purpose the representation of employees in their employment
relations with the county.
(3)Â
A statement that the employee organization has no
terms or conditions of membership which discriminate with regard to
race, color, creed, sex, age, political affiliation or national origin.
(4)Â
A request that the county recognize the employee organization
as the exclusive representative of the unit claimed to be appropriate.
(5)Â
A written list containing each job class title to
be included in the proposed representation unit.
(6)Â
A statement that the employee organization has in
its possession written proof, dated within six (6) months of the date
upon which the petition is filed, to establish that at least thirty
percent (30%) of the employees in the unit claimed to be appropriate
have designated the employee organization to represent them in their
employment relations with the county. This percentage [thirty percent
(30%)] may be verified by an appropriate state agency upon request
of the Personnel Officer.
B.Â
Such a petition may be received by the Personnel Officer
only during the time period beginning with the date this Article takes
effect and December 31 of the same calendar year. In subsequent years,
such petitions may be received not more than ninety (90) nor less
than sixty (60) days prior to the contract termination or any time
after decertification.
C.Â
Upon receipt of such petition, the Personnel Officer
shall give adequate and timely notice of the filing to the employees
in the proposed unit and shall, within thirty (30) days of the filing
date of the petition, determine either that the proposed unit is an
appropriate representation unit or that an alternative unit is the
appropriate representation unit. The following factors, among others,
shall be considered:
(1)Â
Which unit will assure employees the fullest freedom
in the exercise of rights described in this Article.
(2)Â
The community of interest among employees in the proposed
unit, involving such criteria as similarity of job duties, skills,
wages, education requirements, supervision and working conditions.
(3)Â
The history of employee relations within the county.
(4)Â
The effect on the existing classification structure
of dividing a single classification among two (2) or more units.
(5)Â
The effect of the unit of the overfragmentation of
the classified service to the detriment of mutually beneficial relationships
between the county and the employees.
(6)Â
The effect of the unit on the efficient operation
of the public service.
D.Â
No unit shall be established solely on the basis of
the extent to which employees in the unit have organized, and professional
employees shall not be denied the right to be represented separately
from nonprofessional employees, nor shall management and confidential
employees be included in the same unit with nonmanagement or nonconfidential
employees.
E.Â
In the event that the Personnel Officer and a petitioning
employee organization are in disagreement as to the determination
of the appropriate representation unit, the issue shall be submitted
to the Personnel Advisory Board for determination. The Board shall
hold a public hearing and issue a determination, in a timely manner,
in accordance with the provisions of Section 607 of the Charter.
F.Â
When an appropriate representation unit has been determined,
the Personnel Officer shall give adequate and timely notice of the
determination to all employees within the newly established representation
unit and shall arrange for a secret ballot certification election
to be conducted by the State Department of Licensing and Regulation,
Division of Labor and Industry, in which the employees in such unit
shall be offered a choice between exclusive representation by the
petitioning employee organization or of no exclusive representation.
(1)Â
Provided that, if an intervenor employee organization certifies that at least thirty percent (30%) of the employees in the unit have designated it to represent them in their employment relations with the county and if such organization complies with the requirements of Subsection A(1) through (4) of this section, the ballot shall offer a choice among the petitioning employee organization, any intervenor employee organization or no exclusive representation.
(2)Â
Any employee organization shall be certified as exclusive
representative following an election or runoff election if the employee
organization has received the vote of a numerical majority of all
valid ballots cast by the employees in the unit in which the election
or runoff election is held, i.e., fifty percent (50%), plus one (1)
of the votes cast by eligible employees.
(3)Â
If such an election is an election involving three
(3) or more choices, where none of the choices receives a majority
of the votes cast, a runoff election shall be conducted between the
two (2) choices receiving the largest number of votes cast.
G.Â
No election for a new representative unit shall be
conducted when an election has been conducted within the preceding
year.
H.Â
The Personnel Officer shall report the results of
all elections.
The rights and duties of a certified employee
organization shall be as follows:
A.Â
When an employee organization has been certified,
such employee organization shall have the right and duty, through
appropriate officials and representatives, to negotiate collectively
with the county in matters related to wages, hours, working conditions
and other terms of employment of all employees in the representation
unit, without discrimination and without regard to any employee organization
membership.
B.Â
The term "negotiation," as used in this Article, shall
include the duty to confer in good faith at reasonable times and to
reduce to a memorandum of agreement the matters agreed upon as a result
of such meetings and conferences when all issues have been resolved,
which memorandum shall be signed by the duly authorized county and
employee organization representatives. Nothing contained in this Article
shall preclude any employee, regardless of employee organization membership,
from bringing matters of personal concern to the attention of appropriate
officials or from choosing his own representative in a grievance or
appellate action.
C.Â
Neither the county nor any employee organization shall
engage in any unfair labor practice as set forth in any applicable
federal or state law.
D.Â
An employee organization which is accorded exclusive
recognition shall not deny membership to any employee in the appropriate
unit, except for failure to meet reasonable occupational standards
uniformly required for admission or for failure to tender initiation
fees and dues uniformly required as a condition of acquiring and retaining
membership. This subsection does not preclude an employee organization
from enforcing discipline in accordance with its constitution or bylaws
which conform to the requirements of this Article.
A.Â
A decertification petition, alleging that a certified
employee organization is no longer the majority representative of
employees in an appropriate representation unit, may be filed with
the Personnel Officer by an employee, a group of employees or their
representative, or an employee organization. Such petition calendar
must be accompanied by written proof, dated within ninety (90) days
of the date on which the petition is filed, of employee approval equal
to at least thirty percent (30%) of the employees within the representation
unit.
B.Â
A decertification petition may be received by the
Personnel Officer only during the month of October of each year following
the first full year of exclusive representation, and no decertification
petition for the same representation unit shall be received more frequently
than every two (2) years. The Personnel Officer shall arrange for
a secret ballot election to be conducted by the State Department of
Licensing and Regulation, Division of Labor and Industry, in which
the employees in such representation unit shall be offered a choice
between the exclusive representation by the certified employee organization
or no exclusive representation, provided that, if intervenor employee
organizations comply fully with the requirements set forth in this
Article, the ballot shall offer a choice among the certified employee
organization, any intervenor employee organization or no exclusive
representation.
C.Â
The determination of election results shall be made
in accordance with the criteria provided in this Article. In the absence
of decertification, the certification of a recognized employee organization
shall continue on a year-to-year basis.
D.Â
When a valid memorandum of agreement is in effect
on the effective date of decertification of any employee organization
which is a party thereto, the county and the newly certified employee
organization, if there is any, shall be bound by the provisions of
that agreement during the remainder of its term.
[Amended by Bill Nos. 77-121; 82-13]
A.Â
Negotiations between the county and exclusive representative
units shall be commenced no later than November 1 for the next contract
year. Negotiations shall be conducted individually and separately
with each representative unit. All negotiations for the ensuing contract
year shall be finalized prior to March 1 next preceding that contract
year. Contracts with representative units shall not be signed for
a contract year until after the current expense budget is adopted
for that contract year by the County Council.
B.Â
Fact-finding and arbitration.
(1)Â
If the terms of a contract have not been agreed upon
by the county and an individual representative unit by December 15
next preceding the ensuing contract year, a fact finder may be selected
by mutual agreement between the county and the representative unit.
If the county and the representative unit are unable to agree on the
selection of a fact finder, they shall make their selection from a
panel of neutrals, maintained by the American Arbitration Association,
by the county first deleting a name from the list and the representative
unit then deleting a name from the list until the deletions result
in only one (1) name remaining; that person shall be the fact finder.
(2)Â
The fact finder shall meet with the parties and shall
make written findings of fact and recommendations for the resolution
of the dispute no later than January 15 next preceding the ensuing
contract year. The fact finder, in making his findings and recommendations,
shall take into consideration, among other pertinent factors, wages,
benefits, hours and other working conditions of other county employees,
both in the county and in other similar state political jurisdictions;
wages, benefits, hours and other working conditions of employees of
private employers in the county; the value of other benefits available
to or received by county employees as compared with private sector
employees in the county; cost of living data; and the availability
of funds. Copies of findings and recommendations shall be sent to
the County Executive and the representative unit.
(3)Â
Fact-finding may be mutually waived, and, if so, the
times and procedures outlined below shall be adhered to.
(4)Â
If no agreement is reached by February 5, the parties
shall submit issues to the American Arbitration Association, who shall
render a written opinion prior to March 1 next preceding the beginning
of the contract year. Either party may also submit a copy of the findings
of fact and recommendations of the fact finder, along with its recommendations
for resolving the issues. The opinion of the arbitrator shall be advisory
to both the county and the representative unit.
(5)Â
If the county and any representative unit for employees
of the county are unable to agree upon the terms of a contract by
March 1 next preceding the beginning of a contract year, the County
Executive may formulate his budget predicated upon an amount of funds
recommended by an arbitrator and, if an arbitration opinion has not
been rendered, upon an amount of funds he deems appropriate.
(6)Â
Except as provided for above, provisions of this Article
may not be waived. The cost of fact-finding and arbitration shall
be borne equally by the parties involved in the dispute.
(7)Â
Notwithstanding the provisions of this Article providing
for arbitration, if the County Council, by unanimous vote, all duly
seated members being present, decides that the county's fiscal posture
is such that the total funds recommended by the County Executive cannot
be funded during the contract year, the County Council reserves the
right, duty and obligation to determine the amount of money that can
be funded by the county to support the proposed contract.
Disputes concerning the interpretation or application
of this Article shall be submitted in writing directly to the Personnel
Officer within fifteen (15) days of the date of occurrence of the
action being appealed. If the dispute is not resolved by the Personnel
Officer within ten (10) days or if the dispute is from an action,
decision or determination of the Personnel Officer in the first instance
and the employee or employee organization desires further consideration
by the Personnel Advisory Board, written request shall be submitted
to the Personnel Officer within ten (10) days of the date of his action,
decision or determination. The dispute shall be placed on the docket
of the Personnel Advisory Board for hearing no later than ten (10)
days after submission of the dispute. The Personnel Advisory Board
shall render its decision on the dispute within fifteen (15) calendar
days of the date the Board's hearing is concluded, and the Personnel
Advisory Board's decision shall be final and binding on all parties.
All hearings before the Personnel Advisory Board shall be in accordance
with the provisions of existing law. Any hearing may, at the request
of the employee, be public. These procedures apply only to the areas
covered by this Article.
[Amended by Bill No. 76-73]
A.Â
It shall be unlawful for an employee or an employee
organization to engage in, initiate, sponsor, support or direct a
strike. If an employee or employee organization shall violate the
provisions of this Article, the County Executive may take any of the
following actions he deems necessary in the public interest:
(1)Â
Imposition of disciplinary action, including removal
from county service, of employees engaged in such illegal conduct.
(2)Â
Termination of any employee organization's dues dedication
privilege, if any.
(3)Â
Revocation of exclusive representation certification
and disqualification from participation in representation elections
for a period up to a maximum of two (2) years.
B.Â
The county shall not, under any circumstances, engage
in, initiate or direct a lockout of county employees.
C.Â
The county shall not, under any circumstances, agree
or allow any system of employee, county and labor organization relationship
that can be termed as or that is similar to an agency shop. For the
purpose of this section, "agency shop" shall mean a shop in which
the union serves as the agent for and receives dues and assessments
from all employees in the bargaining unit, regardless of union membership
or shop.
A.Â
Solicitation of membership or dues and other internal
business of a labor organization shall be conducted during the nonduty
hours of the employees concerned.
B.Â
Employees who represent a recognized labor organization
shall not be on official time when negotiating an agreement with agency
management, except to the extent that the negotiating agency will
either authorize official time for up to forty (40) hours or authorize
up to one-half (1/2) the time spent in negotiations during regular
working hours for a reasonable number of employees, which number shall
not exceed the number of management representatives.
C.Â
Violation by an employee of this section shall subject
the violator to appropriate disciplinary action.
