Chapter 28
EMPLOYER-EMPLOYEE RELATIONS
Sections:
28-1. Title.
28-2. Purpose.
28-3. Definitions.
28-4. Employees rights.
28-5. Management rights.
28-6. Confidential, management and supervisory employees – Representation limitations.
28-7. Employee relations officer.
28-8. Grievance procedure.
28-9. Unfair employee relations practice.
28-10. Employee organization rights.
28-11. Proof of representation or support.
28-12. Notice.
28-13. Recognition procedure.
28-14. Representation.
28-15. Payroll deductions.
28-16. Establishment of representation units and certification of recognized employee organizations.
28-17. Representation process.
28-18. Impasse procedures.
28-19. Interpretation and administration.
28-1 Title.
The ordinance codified in this chapter shall be known as the “employer-employee relations ordinance of Colusa County.” (Ord. No. 640 (part).)
28-2 Purpose.
It is the purpose of this chapter:
(a) To establish policies and procedures for the administration of employer-employee relations in county government;
(b) To provide a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment; and
(c) To provide for a uniform basis for recognizing the right of county employees to join organizations of their own choosing and be represented by such organizations in their employment relationships with the county. (Ord. No. 640 (part).)
28-3 Definitions.
For the purposes of this chapter, the following definitions shall apply:
(1) “Board” means the board of supervisors of the county of Colusa.
(2) “Confidential employee” means an employee who regularly participates in making, or regularly has advance knowledge of decisions of the county affecting employee relations. Once each year the board of supervisors shall issue a complete list of confidential employees.
(3) “Consult” or “consultation” means verbal or written communication for the purpose of presenting and obtaining views or advising of intended actions.
(4) “County” means the county of Colusa, a political subdivision of the state of California.
(5) “Day” means a calendar day.
(6) “Department head” or “head of a department” means the chief administrative official of a county department, either elected or appointed, as provided by law.
(7) “Dues deduction” means deduction of employee organization membership dues from paychecks of employees with permanent or probationary status.
(8) “Employee” means any person employed by Colusa County, excepting those persons elected by popular vote or appointed to office by the governor of the state of California.
(9) “Employee organization” means any organization which includes employees of the county and which has one of its primary purposes representing such employees in their relations with the county.
(10) “Employee relations” means the relationship between the county and its employees and their organizations, or when used in a general sense, the relationship between management and employees or employee organizations.
(11) “Employee relations officer” means the employee designated by the board of supervisors for management representation of employer-employee relations.
(12) “Employee representation unit” means a group of employees constituting an appropriate unit, as provided in this chapter.
(13) “Fact-finding” means identification of the major issues in a particular dispute; reviewing the positions of the parties, and the investigation and reporting of the facts by one or more impartial fact-finders; and, when directed by the board, the making of recommendations for settlement.
(14) “Gender” means, for the purposes of this chapter, unless the context clearly indicates another meaning, the masculine shall include the feminine and the singular shall include the plural.
(15) “Grievance” is a claim by an employee, a group of employees, or an employee bargaining unit on behalf of employees concerning a management interpretation or application of provisions of a MOU with a bargaining unit which adversely affects an employee’s wages, hours, or conditions of employment. All other complaints are specifically excluded, including, but not limited to: subjects involving amendment or change of board of supervisors’ resolutions, ordinances, minute orders, a MOU with a bargaining unit, dismissals, suspensions, reduction in rank or classification, reassignments, any and all other disciplinary actions; all matters concerning employment examinations; content of performance evaluations; leaves of absence; denials of merit increases; violations, misinterpretation, or misapplication of Merit System rules; complaints regarding occupational health and safety or the applicable procedures for such complaints; complaints regarding workers’ compensation or the applicable procedures for such complaints; provisions of the Fair Labor Standards Act; any provision of a MOU with a bargaining unit specifically identified as not grievable.
(16) “Impasse” means a deadlock, after a reasonable period of time, in the meet-and-confer process between the county’s management representatives and representatives of a recognized employee organization on matters concerning which they are required to meet and confer in good faith, or over the scope of matters upon which they are required to meet and confer.
(17) “Management employee” means an employee having significant responsibilities for formulating or administering county or departmental policies and programs.
(18) “Management representative” means a person designated by the board of supervisors to carry out the responsibilities specified for a management representative under this chapter.
(19) “Mediation” means efforts by an impartial third party or parties to assist as intermediaries, through interpretation, suggestion and advice, in reconciling disputes regarding wages, hours and other terms and conditions of employment between the county’s management representatives and representatives of recognized employee organizations.
(20) “Meet-and-confer in good faith” or “meet-and-confer” means the mutual obligation of the county’s management representatives and representatives of recognized employee organizations personally to meet and confer within a reasonable period of time in order to freely exchange information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation.
(21) “Memorandum of understanding” means a written memorandum jointly prepared by the parties, incorporating matters on which agreement is reached through meeting and conferring with the county’s management representatives and representatives of a recognized employee organization. The memorandum shall be presented to the county’s board of supervisors for determination and implementation.
(22) “Professional employee” means an employee engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and various types of physical, chemical and biological scientists.
(23) “Qualified employee organization” means an organization which includes employees of the county, which has as one of its primary purposes representing such employees in their relations with the county, and which has complied with the conditions specified in section 28-13 of this chapter.
(24) “Recognized employee organization” means a qualified employee organization which has been certified by the board as the majority representative of employees in an appropriate employee representation unit in accordance with the provisions of section 28-13 of this chapter. Such certified majority representative shall be the exclusive representative of the employees in the unit, subject to the right of an employee to represent himself as provided in section 28-4 of this chapter.
(25) “Regular employee” means an employee in the classified service who occupies a permanent position, whether part-time or full-time, in a class which is intended for permanent or career-type employment, and the exempt deputy or assistant of an elected official; also an employee who enjoys regular status.
(26) “Representation unit” means a group of employees, deemed appropriate for representation in the employer-employee relations process, established pursuant to section 28-16.
(27) “Representative” means a person with written designation and authorization by a recognized employee organization to represent it in dealing with the county.
(28) “Scope of representation” means all matters relating to employment conditions and employer-employee relations, including but not limited to wages, hours and other terms and conditions of employment, but not including consideration of the merits, necessity or organization of any service or activity provided by law or executive order.
(29) “Supervisory authority” means authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if the exercise of such authority is not merely routine or clerical in nature but calls for the use of independent judgment. (Ord. No. 640 (part).)
28-4 Employees rights.
(a) Each individual employee shall have the following rights, which he may exercise in accordance with law and applicable laws, ordinances, and rules and regulations:
(1) The right to form, join, and participate in the activities of employee organizations of his own choosing for the purpose of representation on matters of his employee relations with the county, or to refuse to join or participate in the activities of any employee organization;
(2) The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal, on the part of his department head, his supervisor, other employees, or employee organizations, with respect to his membership or nonmembership in any employee organization, or with respect to any lawful activity associated therewith which is within the scope of representation;
(3) The right to represent himself individually in his employee relations with the county.
(b) Whenever a county employee desires to represent himself in consulting with county management during his regular hours of work, he shall first request and obtain from his department head permission to take time off to do so. (Ord. No. 640 (part).)
28-5 Management rights.
(a) It is the exclusive right of the county to determine the mission of each of its constituent departments, boards and commissions, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the exclusive right of the county to direct its employees, take disciplinary action for proper cause, relieve its employees from duty because of lack of work or for other legitimate reasons, and determine the methods, means and personnel by which the county’s operations are to be conducted.
(b) It is also the right of the county to take whatever action the board of supervisors may deem necessary in any emergency situation pursuant to Government Code Section 3504.5.
(c) The exercise of such rights shall not preclude employees or their representatives from consulting with management representatives about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment. (Ord. No. 640 (part).)
28-6 Confidential, management and supervisory employees – Representation limitations.
(a) Management and confidential employees who are members of an employee organization which represents employees of the county who are not management or confidential employees shall not serve as representatives of such employee organization before county management.
(b) Supervisory employees shall not represent nonsupervisory or subordinate supervisory employees in grievance matters. (Ord. No. 640 (part).)
28-7 Employee relations officer.
(a) Designation. The board of supervisors will designate the employee relations officer to represent them on employer-employee relations matters. He shall be responsible for administration of this chapter, and shall act as the official county spokesman on employer-employee relations.
(b) Delegation. He is authorized to delegate these functions and authorities, and he may designate management representatives as he deems necessary. (Ord. No. 640 (part).)
28-8 Grievance procedure.
The board shall maintain a formal written grievance procedure for use by all department heads and employees, provided that nothing herein shall preclude the adoption by the board of a modified or supplemental grievance procedure pursuant to a memorandum of understanding. The grievance procedure shall be available to every employee without fear of reprisal and regardless of his membership or nonmembership in an employee organization. (Ord. No. 640 (part).)
28-9 Unfair employee relations practice.
(a) It shall be an unfair employee relations practice for the county:
(1) To interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this chapter;
(2) To dominate or interfere with the formation of any employee organization or contribute financial support to it, provided the rights recognized or granted to employee organizations in this chapter shall not be construed as financial support;
(3) To refuse to meet and confer in good faith with representatives of recognized employee organizations on matters within the scope of representation;
(4) To lock out employees of the county.
(b) It shall be an unfair employee relations practice for employee organizations or their representatives or members:
(1) To interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this chapter;
(2) To refuse to meet and confer in good faith with county officials on matters within the scope of representation, when the employee organization involved is a recognized employee organization;
(3) To engage in strikes, work stoppages, slow-downs, or “sick-outs.”
(c) With respect to the impasse procedures set forth in section 28-18 of this chapter, it shall be an unfair employee relations practice for either the county or a recognized employee organization to fail or refuse to cooperate with the employee relations officer or with any mediators or fact-finders selected or designated pursuant to the provisions of section 28-18 of this chapter.
(d) Charges of violations of this section may be initiated by a management representative, by a representative of any employee organization, or by an individual employee or group of employees. Such charges shall be filed in writing with the employee relations officer.
(e) The employee relations officer shall conduct an investigation to determine whether a party has engaged in an unfair employee relations practice and shall advise the parties of its decision and if appropriate shall recommend corrective action. When the employee relations officer finds that an unfair employee relations practice has been committed and corrective action is either inappropriate or has not been taken, he may recommend the imposition of penalties. (Ord. No. 640 (part).)
28-10 Employee organization rights.
(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 employee relations officer 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.
(g) Advance notice. Except in cases of emergency, each recognized employee organization affected shall be given reasonable advance written notice of any ordinance, rule or regulation, or proposal directly relating to matters within the scope of representation proposed to be adopted by the county, and shall be given the opportunity to meet and confer with the appropriate level of management prior to its adoption. Written notices will customarily be provided by furnishing recognized employee organizations with advance copies of the agenda of the board of supervisors. In cases of emergency when county management determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, county management shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.
(h) Employees appearance for employee organization. Departmental heads shall grant reasonable time off without loss of compensation or other benefits to a reasonable number of county employee representatives of a recognized employee organization when formally meeting and conferring with county management on matters within the scope of representation. Questions regarding application of the foregoing criteria should be directed to the employee relations officer for clarification.
(i) Access to employees. The county recognizes that in order to maintain good employee relations, it is necessary on occasion for representatives of recognized employee organizations to confer with their members during working hours regarding grievances. Therefore, department heads shall provide such representatives reasonable access to their members for such purpose. Such representatives shall obtain authorization from the department head or his designated representative prior to entering the work location.
(j) Use of bulletin boards. Bulletin board space shall be made available to recognized employee organizations in departments which have employees in the representation unit for which the organization is recognized. Location and quantity of space may be the subject of an agreement between the recognized employee organizations and the department head. No material, other than notices of meetings, social events, elections and appointments, shall be posted on a bulletin board unless and until approved for posting by a management representative designated by the employee relations officer. All material shall be dated and signed by the recognized employee organization representative responsible for its issuance.
(k) Meeting places. Recognized employee organizations shall be granted the use of county facilities for meetings composed of county employees, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with county needs. Recognized employee organizations desiring to use county facilities for such meetings shall obtain the permission of the appropriate county official before using such facilities.
(l) Publications to be made available. Upon request, a department head shall provide or make available to recognized employee organizations representing employees in his department those nonconfidential departmental publications relating to conditions of employment. (Ord. No. 640 (part).)
28-11 Proof of representation or support.
For purposes of this chapter, proof that an employee organization represents employees or proof of employee support shall be evidenced by one of the following:
(a) Documented evidence of current dues-paying employee organization membership or payroll dues deductions using the payroll immediately prior to the date the proof is submitted.
(b) Employee organization authorization cards, signed and dated by the employees within six months prior to the date the proof is submitted.
(c) A petition containing a statement of the action or authorization requested by the signers of a petition delegating to a named employee organization the authority to represent the signers for the purpose of meeting and conferring in good faith with representatives of the county, signed and dated by employees within six months of the filing thereof.
(d) Only authorization cards or signatures of employees currently employed at the time the proof is submitted shall be counted. (Ord. No. 640 (part).)
28-12 Notice.
Whenever it is prescribed by this chapter that notice shall be given to employees, such notice shall be provided by posting a copy thereof at the offices of the county clerk and the employee relations officer and on bulletin boards located within the departments in which the employees to be notified are employed. Such notice shall be given also to recognized employee organizations representing the employees concerned by personal delivery to the person designated by the employee organization as provided in section 28-13(a)(3) of a copy of the notice, including a reasonable description of the subject matter, at least four days prior to the date the matter will be heard. The employee relations officer may prescribe such additional notification as he deems necessary. (Ord. No. 640 (part).)
28-13 Recognition procedure.
(a) Request. Except employee organizations heretofore granted payroll deductions, an employee organization claiming to represent employees of the county and seeking recognition shall file a written application for recognition with the board, which shall be referred to the employee relations officer for verification. The application shall include the following information:
(1) The name, address and telephone number of the organization;
(2) The names of its officers and their mailing addresses;
(3) A designation of one person and his address to whom notice has been personally delivered as provided in section 28-12 will be deemed sufficient notice on the organization for any purpose;
(4) A designation of those persons who are authorized to act as representatives of the organization in any communications with the employer relations officer or board of supervisors;
(5) A statement that the organization has no restriction on membership based on race, religion, creed, color, national origin, ancestry, physical handicap, medical condition (cancer-related), mental condition, marital status, sex, age (over forty), or political affiliation;
(6) A statement that the organization includes employees of the county who are members, with proof of employee approval pursuant to section 28-11 and showing class title(s) and department(s) where employed;
(7) A statement that one of the organization’s primary purposes is representation of such employees in their employer-employee relations with the county;
(8) Current copies of the organization’s constitution and bylaws.
(b) Present organizations. Employee organizations presently on dues deductions shall, if such data is needed by the employee relations officer, furnish whichever of the above items is not already on file with the county.
(c) Changed information. A recognized employee organization shall, on request, furnish to the employee relations officer, in writing, any material changes in the facts submitted pursuant to this section.
(d) Employee relations officer recommends. After the employee relations officer has verified that the employee organization has complied with the requirements in section 28-13, he shall promptly recommend that the board grant informal recognition to the organization, and the board shall grant such recognition within fourteen days. (Ord. No. 640 (part).)
28-14 Representation.
(a) An employee organization shall be considered a recognized employee organization only with respect to the representation unit or units for which the organization has been certified as the majority representative.
(b) Upon request, a recognized employee organization shall have the right to meet and confer in good faith with appropriate levels of county management regarding wages, hours, and other terms and conditions of employment within the scope of representation.
(1) The scope of representation shall include all matters relating to employment conditions and employee relations, including but not limited to, wages, hours, and other terms and conditions of employment; except, however, that the scope of representation shall not include consideration of the merits, necessity or organization of any service or activity provided by law, or executive or board order.
(2) If agreement is reached by the representatives of the county and a recognized employee organization or recognized employee organizations, they shall jointly prepare a written memorandum of such understanding, which shall not be binding, and present it to the board of supervisors or its authorized representative for determination, and when necessary shall also present it to the employee relations officer for appropriate action and recommendation to the board. If the board of supervisors or its authorized representative ratifies the written memorandum of understanding, it shall become binding on the parties. (Ord. No. 640 (part).)
28-15 Payroll deductions.
(a) Subject to such rules and regulations as may be adopted by the county auditor and approved by the board, a recognized employee organization will be authorized to use the county’s payroll system for deduction of its membership dues and other employee-authorized deductions, whether such members be employed in the unit for which it is the recognized employee organization, or in some other unit.
(b) An employee organization which is a recognized employee organization on the effective date of the ordinance codified in this chapter will likewise be authorized to use the county payroll system for deduction of its membership dues and other employee-authorized deductions until, but not after, one year after the date of the first certification of an employee organization as a recognized employee organization pursuant to section 28-13 of this chapter.
(c) Nothing herein shall be construed as restricting the right of an employee to revoke his authorization for payroll deductions. (Ord. No. 640 (part).)
28-16 Establishment of representation units and certification of recognized employee organizations.
(a) Petition. An employee organization that desires to become the recognized employee organization of a representation unit shall file with the employee relations officer a petition for certification as a recognized employee organization. The petition shall:
(1) Describe the proposed representation unit in detail;
(2) State the approximate number of employees in the proposed unit eligible for inclusion therein; and
(3) Be accompanied by proof of support by thirty percent or more of the employees within the proposed unit.
(b) Employee relations officer acts. On receipt of such a petition, the employee relations officer shall:
(1) Notify the board and recognized employee organizations of the petition;
(2) Post public notice of the petition at appropriate locations in county buildings; and
(3) Review the proposed unit to determine if it is an appropriate one.
(c) Appropriateness of proposed unit.
(1) Chief criterion. The employee relations officer shall determine the appropriateness of the proposed representation unit by using as a principal criterion the largest feasible grouping of classes, the employees of which have a clear and identifiable community of interest.
(2) Other criteria. He shall also consider the following criteria, among others, in making this determination:
(A) Which unit will assure employees the fullest freedom in the exercise of rights under this chapter;
(B) The effect of the proposed unit on the efficient operation of county services and sound employer-employee relations, including compatibility with the organizational structure of the county;
(C) The history of employer-employee relations in the proposed unit and among other employees of the county, except that no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized;
(D) The extent to which employees have common skills, working conditions, job duties, or similar education requirements;
(E) The effect of having a county classification in more than one representation unit;
(F) Professional employees shall not be denied the right to be represented separately from nonprofessional employees by a professional employee organization;
(G) Peace officers, as designated in Penal Code Section 830.1, may join or participate in employee organizations which are composed solely of such peace officers, which concern themselves solely and exclusively with the wages, hours, working conditions, welfare programs, and advancement of the academic and vocational training in furtherance of the police profession, and which are not subordinate to any other organization; the board hereby finding that this provision is in the public interest.
(d) Determination.
(1) Meet and confer. The employee relations officer, the petitioning recognized employee organization, and any other employee organization which, within twenty-one days of posting notice of the petition, furnishes to the employee relations officer proof of employee approval of ten percent of the employees in the proposed unit, or proof that it represents thirty percent of the employees in an alternate unit which includes all or part of the employees in the unit originally petitioned for, shall meet and confer to see if agreement can be obtained on determination of a representation unit. If they agree, the employee relations officer shall recommend that the unit be confirmed by the board as a representation unit.
(2) Board or third party determines. If agreement is not obtained within a reasonable period of time, determination of the unit shall be submitted to the board for consideration, based on written presentations and recommendations of the parties. In such cases, the representation unit shall be determined by the board with or without the recommendation of a third party, or the board may refer the matter to a mutually acceptable third party for determination.
(e) Majority representation. After the representation unit has been determined, the county shall ascertain if a majority representative exists among the employees in the unit, by election or by verification procedures.
(f) Election procedure.
(1) The employee relations officer shall arrange for a secret ballot election.
(2) In an election, the names of the petitioning organization and the name(s) of any competing recognized employee organization(s) which submit proof of employee approval of at least ten percent of the employees in the representation unit shall appear on the ballot, together with the choice of “No Organization.”
(3) The election will be conducted by a neutral party. Employees entitled to vote will be those in the representation unit who are employed in allocated positions and who were employed in those positions on the first of the month preceding the date of the secret ballot election.
(4) A majority representative will be selected by a majority of the valid ballots cast if fifty percent of the eligible employees vote in the election.
(5) If none of the choices on the ballot is selected as majority representative, a runoff election shall be conducted between the two choices receiving the largest number of votes, one of which may be “No Organization,” and a majority representative selected if the criteria in subsection (f)(4) above are met.
(6) The employee relations officer shall report the results of any secret ballot election to the board, and, if an organization has been selected as majority representative, the board shall acknowledge its formal recognition thereof within fourteen days.
(g) Cost sharing. Any costs incurred in conducting an election shall be borne one-half by the county and one-half divided equally among the employee organizations appearing on the ballot.
(h) Optional verification procedure. Instead of the election procedure, the employee relations officer may ascertain that a majority representative exists among the employees in the unit by verification of payroll dues deduction cards which substantiate that an organization has proof of employee approval of at least fifty-one percent of the employees in the unit, in which case the board may formally recognize that organization within twenty-one days of the verification.
(i) Modification of representation units. If a representation unit has been established, that representation unit shall not be contested for at least twelve months from the date of determination. Thereafter, another recognized employee organization may file a petition during the month of October for modification of the representation unit and formal recognition, by submitting proof of employee approval of at least thirty percent of the employees in the proposed modified unit. The same unit determination and election procedures shall be followed as for the initial establishment of a representation unit and determination of a majority representative, except that the effective date of modification of an established representation unit shall occur on July 1st after approval for modification.
(j) Decertification procedure.
(1) If thirty percent of the employees in a representation unit petition the employee relations officer in writing to determine whether the recognized employee organization continues to represent a majority of the employees in the unit, the employee relations officer shall arrange for 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 two questions may be decided in the same election, which shall be conducted as provided in subsections (f) and (g) of this section.
(2) A petition for decertification may be received by the employee relations officer only within the sixty-day period immediately preceding the second anniversary date of certification, and annually thereafter. Decertification elections shall not be conducted more frequently than once every two years. (Ord. No. 640 (part).)
28-17 Representation process.
(a) Timetable for requests. Requests from recognized employee organizations for changes in salaries, wages, fringe benefits and other like terms and conditions of employment for employees generally shall be submitted to the employee relations officer during a specified period determined annually by the board after consultation between the employee relations officer and recognized employee organizations, so that proposals can be properly considered before the proposed county budget is submitted to the board.
(b) Notice.
(1) Right. Recognized employee organizations shall, except in cases of emergency, have the right to notice, as prescribed in section 21-12, of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the board, or boards and commissions designated by the board, and to meet and confer with the body considering the matter.
(2) Emergency. In cases of emergency when the board, or boards and commissions designated by the board, determines that it must act immediately without such notice or meeting, it shall give such notice and opportunity to meet as soon as practicable after its action.
(c) Meet and confer and memorandum of understanding. Majority representative(s) shall be entitled to meet and confer in good faith for employees in their representation units. If agreement is reached, a memorandum of understanding shall be prepared and signed by the employee relations officer and by an authorized representative(s) of the majority representative(s) and then submitted jointly to the board for final action.
(d) Other consultation. This process shall not preclude other recognized employee organizations or individuals from consulting with a management representative on the same matters, but any actions taken by a management representative shall not be inconsistent with terms of any memorandum of understanding covering such employees. (Ord. No. 640 (part).)
28-18 Impasse procedures.
(a) Mediation. If, after a reasonable period of time, representatives of the county and the recognized employee organization fail to reach agreement on matters within the scope of representation either party may request mediation. In selecting a mediator who is mutually acceptable to the parties first consideration shall be given to those available at no expense to the parties. In the event that costs are incurred for mediation they shall be divided by one-half to the county and one-half to the recognized employee organization or recognized employee organizations.
(b) Fact-finding.
(1) If mediation does not result in settlement of the impasse, fact-finding may be invoked by either:
(A) Mutual agreement of the parties; or
(B) The board of supervisors.
(2) The fact-finder may be either an individual or a three-member board.
(A) An individual fact-finder shall be selected by mutual agreement of the parties. If the parties cannot agree upon a fact-finder, a list of five fact-finders shall be obtained from the California State Conciliation Service or other mutually agreeable source, and each party shall alternately strike one name from the list until only one name remains. The first party to strike a name shall be determined by lot.
(B) If the parties agree upon or the employee relations officer directs the use of a fact-finding board, each party shall select one member of the board, and the two board members thus selected will select the third who will be the chairman. If the two designated members of the fact-finding board cannot agree upon the third member, his selection shall be made in accordance with subsection (b)(1) immediately above.
(3) The report of the fact-finder shall:
(A) Be confidential until either party gives the other party written notice to make it public;
(B) Be submitted directly to the parties and to the board of supervisors;
(C) Be limited to the issues originally referred to the fact-finder; and
(D) Include a recommendation only if mutually requested by the parties.
(4) Upon receipt of the fact-finder’s report, the parties shall resume meeting and conferring. If the parties have not reached an agreement within seven days after receiving the fact-finder’s report, each party shall, within the next seven days, submit a written statement of its position on the unresolved issues to the board of supervisors and to the employee relations officer. Such statement shall include a copy of the fact-finder’s report, and shall be referenced thereto.
(5) Nothing in this section shall be construed to prohibit the fact-finder from endeavoring to mediate the dispute in which he has been selected as a fact-finder.
(6) The cost of fact-finding shall be borne equally by the county and the employee organization or employee organizations. (Ord. No. 640 (part).)
28-19 Interpretation and administration.
(a) Interpretation. The adoption of this policy shall not be construed as making the provisions of Section 923 of the Labor Code applicable to employees of the county.
(b) Rules, procedures and amendments.
(1) After consulting with recognized and registered employee organizations, the board may from time to time amend this chapter.
(2) The board or its designated representative may similarly establish rules or procedures, not inconsistent with the foregoing provisions, for the orderly conduct of employee relations.
(3) The employee relations officer may similarly establish, subject to the approval of the board, rules or procedures, not inconsistent with the foregoing provisions, for the conduct of its functions prescribed by this chapter. (Ord. No. 640 (part).)