Fresno County Municipal Code Ch. 3.12 Employee Relations—general Provisions

Footnotes:

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State Law reference— For statutory provisions authorizing public employees to have unions, see Gov. Code § 3500 et seq.

This chapter shall be known as the employee relations ordinance of Fresno County.

(Ord. 548, § 1, 1973; prior code, § 193)

It is the purpose of this chapter to establish formal policies and procedures which will provide for the orderly and systematic consideration of employee relations matters regarding wages, hours and other terms and conditions of employment between the county and its employees and their recognized employee organizations. It is also the purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the county government by providing a uniform basis for recognizing the right of county employees to join employee organizations of their own choice and to be represented by such organizations in their employment relationship with the county, including but not limited to hours, wages, and other terms and conditions of employment.

(Ord. 548, § 1, 1973; prior code, § 193.1)

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter.

A. "Certified employee organization" means an employee organization or its duly authorized representative that has been certified by the employee relations commission as representing the majority of the employees in an appropriate employee representation unit.

B. "Commission" means the Fresno County Civil Service Commission.

C. "Confidential employee" means any employee who is privy to decisions of county management affecting employer-employee relations.

D. "Consult" means to communicate verbally or in writing for the purpose of presenting and obtaining views or advising of intended actions.

E. "County" means the county of Fresno, subdivision of the state of California and refers to the board of supervisors, the governing body of the county or any duly authorized management representative as herein defined.

F. "County management" means the county administrative officer, department heads, employee supervisors and other representatives of management having the authority to act for the county on any matters relating to the implementation of the county's labor management relations program.

G. "Day" means calendar day unless otherwise stated.

H. "Employee" means any person employed by the county except elective officer.

I. "Employee organization" means any organization which includes employees of the county which has as one of its primary purposes representation of such employees in their employment relationships with the county.

J. "Employee relations" means the employment relationship between the county and its employees and their employee organizations.

K. "Fact finding" means the procedure pursuant to Section 3.12.410 to determine a fact that is in dispute.

L. "Full calendar month" means a complete calendar month and not a period of thirty days, or from a given date in any month to the same date in the succeeding month.

M. "Impasse" means a deadlock in the meet and confer process between a certified employee organization and the county over any matters concerning which they are required to meet and confer in good faith, or over the scope of such subject matter.

N. "Management personnel" means any county personnel having significant responsibilities in formulating or administering county policies and programs and includes the county administrative officer, department heads and any other employees who are so designated by the county administrative officer.

O. "Management representative" means the county administrative officer or any person or persons designated by him to meet with representatives of certified or registered employee organizations.

P. "Mediation" means efforts by an impartial third party or parties to assist as intermediaries through interpretation, suggestions and advice in reconciling disputes regarding wages, hours and other terms and conditions of employment between the county's management representatives and the representatives of the certified employee organization.

Q. "Meet and confer in good faith" means the process through which the county, or such representatives as it may delegate, and representatives of certified employee organizations are mutually obligated to personally meet and confer in order to exchange freely information, opinions and proposals on matters within the scope of representation; and to endeavor to reach agreement on matters within their authority, or on a joint recommendation to the board of supervisors on matters within the board's decision making authority.

R. "Memorandum of understanding" means a written memorandum incorporating matters on which agreement is reached in the meeting and conferring process between the county management representative and representatives of certified employee organizations. The memorandum shall be presented to the county board of supervisors for determination.

S. "Payroll deduction" means an arrangement under which the county deducts from the salary of the employee sums of money for various purposes including employee organization dues.

T. "Professional employee" means one whose work is predominately intellectual and varied in character, requires exercise of discretion and judgment and knowledge of an advance nature customarily required at an institution of higher learning and of such a character that the output or results accomplished cannot be standardized in relationship to a given period of time, and as defined in Section 3507.3 of the Government Code.

U. "Proof of employee approval" shall have the meaning which is ascribed to that term in Section 3.12.250.

V. "Registered employee organization" means an employee organization which has formally registered with the county as an employee organization that represents employees of the county in accordance with Section 3.12.160.

W. "Representation unit" means a unit composed of county employees for the purposes of employee representation and which has been established in accordance with Sections 3.12.180 to 3.12.240.

X. "Representative" means a person who is authorized and designated in writing by a certified or registered employee organization to represent the organization in dealing with the county.

Y. "Supervisory employee" means any employee having authority to exercise independent judgment in the interest of the county to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline other employees or having the responsibility to direct them or to adjust their grievances or to effectively recommend such action, if, in connection with the foregoing, the exercise of such authority is not merely routine or clerical in nature or requires the use of independent judgment.

(Ord. 618, § 1, 1980; Ord. 581, § 5, 1976; Ord. 548, § 1, 1973; prior code, § 193.2)

No employee or employee organization, its representatives or members shall cause, engage, or participate in, instigate or encourage a strike or work stoppage or any other concerted actions adverse to the county. Participation by an employee in a strike or work stoppage shall subject the employee to disciplinary action, up to and including removal from his position. If a recognized employee organization, its representatives, or members cause, engage in, instigate or encourage a strike or work stoppage of any kind, then, in addition to any other lawful remedies or disciplinary actions, the board of supervisors may, by written notice, suspend or revoke the recognition granted to such employee organization, may suspend or cancel any or all payroll deductions payable to such organization, may prohibit the use of facilities or may prohibit access to work or duty stations by such organizations.

(Ord. 548, § 1, 1973; prior code, § 193.3)

Employees of the county shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations. Employees of the county also shall have the right to refuse to join or participate in the activities of employee organizations. It shall be an additional right of the employees to represent themselves individually in their employee relations with the county. Neither the county nor the employee organizations shall interfere with, intimidate, restrain, coerce or discriminate against employees because of the exercise of their rights under this section.

(Ord. 548, § 1, 1973; prior code, § 193.4)

It is the exclusive right of the county to make all decisions of a managerial or administrative character, including, but not limited to:

A. The nature and extent of services performed;

B. The methods, means and personnel by which the county's operations are to be conducted;

And such other decisions as may be necessary to organize and operate the county in the most efficient manner and in the best interest of all citizens of the county. It is also the exclusive right of the county to administer the merit system and to make all decisions in directing its employees and including, but not limited to scheduling work, making work assignments, ordering overtime, classifying positions, establishing and revising standards of employment, hiring, promoting, transferring, demoting, laying off, discharging and disciplining employees. The exercise of such rights shall not preclude employees or their representatives from meeting and conferring with management representatives about the consequences that the decisions of these matters may have on wages, hours and other terms and conditions of employment.

(Ord. 548, § 1, 1973; prior code, § 193.5)

A. Management personnel and confidential employees shall not represent or be represented by any employee organization, union local, association or individual that represents other than management personnel and confidential employees of the county on matters within the scope of representation.

B. Supervising employees shall not represent nonsupervisory or subordinate supervisory employees in grievance matters.

(Ord. 618, § 2, 1980; Ord. 548-A-1, § 1, 1974; Ord. 548, § 1, 1973; prior code, § 193.6)

An organization which wishes to register as an employee organization shall submit to the county management representative a request signed by a duly authorized officer of the organization and containing the following information:

A. Name, mailing address and local street address of the employee organization;

B. Names and titles of its officers as well as designation of the officials authorized to actas representatives of the organization in employer-employee relation matters with the county;

C. A certified copy of the organization's constitution and/or by-laws and, if not contained in the constitution or by-laws, a statement that the organization has as one of its purposes representation of county employees in their employer-employee relations;

D. A statement that the organization includes employees of the county as members who have designated it to represent them in their employer-employee relations with the county. A membership list by departments and classification is required which may be verified by employee organization payroll dues deduction or by signed authorization by employees whom they represent;

E. A statement showing the name and mailing address of each regional, state, national or international organization with which it is directly or indirectly affiliated;

F. A statement that the organization has no restriction on membership based on race, color, creed, national origin, age or sex.

When an employee organization has complied with the requirements of this section, the county management representative shall grant registration and shall notify the organization. A copy of the notice shall be filed with the board of supervisors and the civil service commission. The employee organization is obligated to notify the county management representative of any changes to the information listed above.

(Ord. 548, § 1, 1973; prior code, § 193.15)

Registered employee organizations may represent their members in grievance matters and, subordinate to the rights of the certified employee organizations as set forth in Sections 3.12.320 to 3.12.380, may consult with management representatives on wages, hours and other terms and conditions of employment. County management is not, however, obligated to meet and confer or enter into memoranda of understanding with registered employee organizations which are not certified.

(Ord. 548, § 1, 1973; prior code, § 193.16)

Representation units shall be formally established in the county by the commission, as hereinafter set forth. It is the policy to establish the minimum number of units consistent with good employee relations. To minimize the over-fragmentation of employee representation, the principle criterion for determining an appropriate representation unit shall be the largest feasible group of employees having an identifiable community of interest. In addition, the following criteria shall be applied in determining an appropriate representation unit:

A. In determining which unit shall include the broadest possible group of employees who share a community of interest, the factors to be considered are:

1. Common skills, job duties, training or education requirements;

2. Participation in an integrated work process or continuous work flow;

3. Common supervision;

4. Similar working conditions.

B. The unit shall assure employees the fullest freedom in the exercise of their rights granted under this chapter.

C. The unit shall not adversely affect the efficient operation of the county services and sound employer-employee relations.

D. The history of employer-employee relations in the proposed unit and the county shall be considered.

E. Professional employees shall not be denied the right to be represented separately from nonprofessional employees.

F. Management, confidential and supervisorial employees shall not be included in any unit which includes employees other than management, confidential or supervisorial.

G. Law enforcement personnel consisting of peace officers as defined in the Penal Code, may be included in a unit or units consisting solely of such employees.

H. No single classification of county employee shall be included in more than one representation unit, with the exception of management personnel and confidential employees.

(Ord. 581, § 5, 1976; Ord. 548, § 1, 1973; prior code, § 193.17)

Employees or employee organizations may request of the management representative the establishment of a particular representation unit by listing classifications and positions to be included. This request must be accompanied by proof of employee approval of at least thirty percent of the full or part-time regular employees in the proposed unit.

(Ord. 548-A-1, § 1, 1974; Ord. 548, § 1, 1973; prior code, § 193.18)

Upon verifying the material submitted as provided for in Sections 3.12.190 and 3.12.250, proof of employee approval, the management representative shall give written notice of the request to all registered and certified employee organizations. Additionally, he shall post notice of the request in a place to which employees of the proposed unit will have access.

(Ord. 618, § 3, 1980; Ord. 548, § 1, 1973; prior code, § 193.19)

Within thirty days of the date the notice to employees is posted, other employee organizations may challenge the appropriateness of the requested representation unit and request a modified unit. The challenge shall be filed with the management representative and must be accompanied with proof that the challenging employee organization represents at least thirty percent of the employees within such proposed modified unit. If a challenge is filed, the management representative shall notify the employee organization which submitted the original report for the new unit and that organization shall have seven days within which it may amend or withdraw its request prior to the filing of the matter with the commission.

(Ord 581, § 5, 1976; Ord. 548, § 1, 1973; prior code, § 193.20.)

If the challenge is not resolved by amendment or withdrawal, the management representative shall call for a hearing before the commission. The commission shall conduct a hearing at which the parties shall present testimony in support of the original request or the challenge and recommendations from the management representative shall be heard. Following the hearing, the commission shall either formally establish, modify or deny the representation unit.

(Ord. 581, § 5, 1976; Ord. 548, § 1, 1973; prior code, § 193.21)

A. If the management representative determines that the proposed representation unit is appropriate, and no challenge as provided in Section 3.12.210 is filed, he shall recommend to the commission that the unit be established.

B. If the management representative determines that the requested representation unit is not appropriate, he shall notify the employee organization which requested the unit of his determination and the reason therefor, in writing. The employee organization may, within seven days, modify its request or request the management representative to arrange a hearing before the commission on its original request for their action in approving or denying the establishment of the requested unit.

C. The commission shall in no event establish a unit consisting of less than five percent of the total county employees without holding a hearing to determine whether or not the proposed unit in fact consists of the largest feasible group of employees having an identifiable community of interests.

(Ord. 581, § 5, 1976; Ord. 548-A-1, § 1, 1974; Ord. 548, § 1, 1973; prior code, § 193.22)

A. General. Any classification moved from one representation unit to another shall continue to be covered by the terms and conditions of the memorandum of understanding of the former representation unit through its current expiration date. Subsequent to the expiration of the memorandum of understanding of the former representation unit, either the county or the certified representative of the new representation unit may request to meet and confer on a successor agreement.

B. Represented Employees-Contested Modification. Where a certified or registered employee organization requests the modification of a representation unit and any party of interest to the proposed modification contests the proposal, the commission shall consider the proposed modification only after proof of employee approval by at least thirty percent of the employees in classifications to be affected by the modification has been submitted during a one-calendar-month-period either twelve months from the date of original unit determination, or beginning seven full calendar months prior to the expiration date of the representation unit's memorandum of understanding, or during the period where the memorandum of understanding has expired and there is no successor memorandum or agree to extension or the current memorandum, whichever occurs later. Where the county requests the modification of a representation unit and any party of interest to the proposed modification contests it, the commission shall also only consider the proposal during a one-calendar-month-period either twelve months from the date of original unit determination or beginning seven full calendar months prior to the expiration date of the representation unit's memorandum of understanding, or during the period where the memorandum of understanding, has expired and there is no successor memorandum or agreed-to extension of the current memorandum, whichever occurs later. The same unit determination procedures shall be followed for any unit modification under this subsection as for the initial establishment of a representation unit. Where the commission approves the establishment of a new representation unit, election procedures for determination of a majority representative specified in Sections 3.12.250 to 3.12.310, inclusive, shall apply.

C. Represented Employees-Uncontested Modification. Where the county or a certified or registered employee organization requests the modification of a representation unit and no party of interest contests the proposed modification, the commission shall consider the proposal at any time except from the time proposals for a successor memorandum of understanding for the current representation unit have been exchanged to the expiration date of the current memorandum of understanding. A certified or registered organization wishing to request such modification must submit proof of employee approval of thirty percent of the employees in the affected classifications. The same unit determination procedures shall be followed for any unit modification under this subsection as for the initial establishment of a representation unit. Where the commission approves the establishment of a new representation unit, election procedures for determination of a majority representative specified in Sections 3.12.250 to 3.12.310, inclusive shall apply.

D. Unrepresented Employees-Proposed Addition to Existing Representation Unit. Where the county or a certified or registered employee organization requests the addition of a classification or classifications currently unrepresented into an existing representation unit, the commission shall consider the proposal at any time except that any party of interest may request a postponement of the commission's consideration if the proposed addition of classes will adversely affect the progress of any meet-and-confer sessions for the representation unit which are proceeding at that time. A certified or registered organization wishing to request such modification must submit proof of employee approval of thirty percent of the employees in the affected classifications. The same unit determination procedures shall be followed for any unit modification under this subsection as for the initial establishment of a representation unit. Where the commission approves a unit modification pursuant to this section, either the county or the certified representative of the representation unit may request to meet and confer solely on the subject of salaries for the newly included classifications.

(Ord. 618, § 4, 1980; Ord. 548-A-2, § 1, 1974; Ord. 548, § 1, 1973; prior code, § 193.23)

A. A registered employee organization which seeks to become a certified employee organization shall file a petition for certification accompanied by proof of employee approval of at least thirty percent of the employees in permanent positions within the proposed or existing representation unit who desire the petitioning employee organization to be their sole representative.

B. Proof of employee approval means that the employee organization submitting a petition to the county management representative has demonstrated proof of approval by the employees whom it claims to represent by means of any one or any combination of the following:

1. Signed and dated signatures on a petition;

2. Signed and dated employee authorization cards;

provided, however, that no petition or authorization card may be used as proof of employee approval unless it specifically provides that the intent of the signer is to secure certification for the organization named therein. For purposes of subdivision 1 of this subsection, only signatures of employees whose signatures have been executed within sixty calendar days prior to the date the petition for certification is filed shall be accepted as proof of employee approval. In the instance of an employee designating more than one representative through either of the above mechanisms, a written notice shall be sent to that employee by the county's management representative requesting that the employee designate only one within ten calendar days.

(Ord. 548-A-1, § 1, 1974; Ord. 548, § 1, 1973; prior code, § 193.24)

1f the proof of employee approval is less than that specified in Section 3.12.260, the management representative shall arrange for a secret ballot election within the representation unit, to be conducted in accordance with the rules of the state conciliation service. Employees permitted to vote will be those in the representation unit who are employed in permanent positions and who were employed in those positions at least two pay periods preceding the date of the secret ballot election.

(Ord. 548, § 1, 1973; prior code, § 193.26)

In an election, the names of the petitioning organization and of any other registered employee organizations 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."

(Ord. 548, § 1, 1973; prior code, § 193.27)

The cost of conducting an election shall be borne by the county.

(Ord. 548-A-1, § 1, 1974; Ord. 548, § 1, 1973; prior code, § 193.28)

The commission shall certify as a certified employee organization, that organization, if any, receiving a majority of ballots cast in a valid election. In the event that a majority of such ballots cast is for no organization, the commission shall certify that no certified employee organization represents the employees within the representation unit. If none of the choices on the ballot receives a majority of the ballots cast, a runoff election shall be held between the choices receiving the two highest numbers of votes. The commission shall certify as the certified employee organization for the representation unit, the choice receiving the majority vote in a valid runoff election or shall certify that no certified employee organization represents the employees within the representation unit.

(Ord. 548-A-1, § 1, 1974; Ord. 548, § 1, 1973; prior code, § 193.29)

Unfair practices charges made during an election shall be submitted to the commission for determination.

(Ord. 581, § 5, 1976; Ord. 548, § 1, 1973; prior code, § 193.30)

Upon request, a certified 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 for its representation unit, within the scope of representation.

(Ord. 548, § 1, 1973; prior code, § 193.31)

The scope of representation shall include all matters relating to employment conditions and employer-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 the consideration of the areas enumerated as exclusive county rights in Section 3.12.060. A certified employee organization shall have the right to represent all employees included in a unit the organization represents. The certified employee organization shall be given the opportunity to be represented at formal discussions between management and employees or employee representatives concerning grievances, personnel policies and practices, or other matters affecting working conditions of employees in the representation unit.

(Ord. 548, § 1, 1973; prior code, § 193.32)

Except in cases of emergency, each certified employee organization affected shall be given reasonable written notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the county and shall be given the opportunity to meet with the appropriate management representatives prior to adoption. For the purposes of such notification, the published agenda of the board of supervisors, the board of retirement and the civil service commission will suffice for notice of proposed actions by those bodies. This form of notification, however, will not be deemed sufficient where the agenda item is so phrased as to not indicate the full and true nature of the matter to be considered. 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 the certified employee organization, county management shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such a measure. It is the obligation of the certified employee organization to provide the management representative with the name and mailing address of the organization's representative who is to receive all notices together with the local street address to which notices may be delivered.

(Ord. 548, § 1, 1973; prior code, § 193.33)

Certified employee organizations may have a reasonable number of employees who serve as official representatives released from work without loss of compensation when meeting and conferring with management representatives where matters within the scope of representation are being considered. Such certified employee organizations shall submit a list of such employees including their titles and departments to the management representative and departments concerned in advance of the meeting. The use of county time for this purpose shall not be excessive, nor shall it interfere with the performance of county services as determined by the county.

(Ord. 548, § 1, 1973; prior code, § 193.34)

A. Authorized representatives of certified employee organizations shall be allowed reasonable access to employees of the unit at their work locations during the working hours of the employee concerned for the purpose of processing grievances provided that the work of the employee and the service to the public are not unduly impaired. The authorized representative shall give advance notice to the department head or his designated representative when contacting departmental employees during the duty period of the employees.

B. Solicitation for membership or other internal employee organization business or campaigning shall only be conducted during the nonduty hours of all employees concerned.

(Ord. 548, § 1, 1973; prior code, § 193.35)

County facilities shall be available to certified employee organizations as follows:

A. County Buildings. Certified employee organizations may 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. Certified employee organizations desiring the use of county facilities for such meetings shall obtain the permission of the delegated county official for use of such facilities.

B. Bulletin Boards. Space shall be made available to certified employee organizations for locating bulletin boards within the county only at such facilities where the certified employee organization has members and provided such use does not interfere with the needs of the various departments. Notices shall be dated and shall identify the certified employee organization representative responsible for their issuance. The employee organizations will be responsible for insuring that material posted is of current interest and that out-of-date material is removed in a timely manner. The county, through the management representative, reserves the right to remove materials out-of-date or not within the scope of representation after consultation with the employee organization which posted it.

(Ord. 548, § 1, 1973; prior code, § 193.36)

A. A certified employee organization shall have the exclusive right among employee organizations to payroll deduction for its members in any representation unit for which it is the duly certified representative. Regular dues and employee benefit program costs may be deducted from the employee's individual paycheck, provided, however, that existing county equipment can handle the additional deductions. Payroll deductions shall be made only upon the revocable written authorization of the individual employee.

B. Where a certified representative is a joint council consisting of two or more registered organizations, the joint council may request that deductions be made to the designated registered organizations in accordance with their respective dues structures.

(Ord. 548-A-2, § 2, 1974; Ord. 548, § 1, 1973; prior code, § 193.37)

A request for decertification of a certified employee organization or for certification of an employee organization other than that organization currently certified, must be accompanied by proof of employee approval of at least thirty percent of the employees within the representation unit. The commission may also initiate a decertification proceeding because of substantial changes in county functions, organizational structure or job classifications within the unit. Proceedings under this section shall not be instituted sooner than one year following certification of an employee organization as the exclusive representative for a unit. Thereafter such petitions may only be filed during a one-calendar-month-period beginning seven full calendar months prior to the expiration date of the representation unit's memorandum of understanding, or during the period where the memorandum of understanding has expired and there is no successor memorandum or agreed-to extension of the current memorandum.

(Ord. 618, § 5, 1980; Ord. 548-A-2, § 3,1974; Ord. 548-A-1, § 1, 1974; Ord. 548, § 1, 1973; prior code, § 193.50)

Impasse procedures shall be used only when all other attempts at reaching an agreement through meeting and conferring in good faith have been unsuccessful. When an impasse has been reached, the parties may mutually agree to request the assistance of a mediator from the California State Conciliation Service or any other source mutually agreed upon. All mediation shall be private. The mediator shall make no public recommendations or take any public position concerning the issues.

(Ord. 548, § 1, 1973; prior code, § 193.60)

If an impasse continues after mediation, if any, the parties may mutually agree to use fact finding only where factual matters are in dispute. If fact finding is used, the following shall apply:

A. The parties shall instruct the fact finder on the specific facts they want ascertained;

B. The fact finder's findings initially shall be confidential, without recommendation, and shall be submitted directly to the parties concerned;

C. The parties shall attempt to reach an agreement by meeting and conferring in good faith on the basis of the fact finder's findings;

D. If the parties have not reached an agreement after seven days, or a mutually agreed later date, they shall submit their positions on the unresolved issues with a copy of the fact finder's findings to the county board of supervisors.

(Ord. 548, § 1, 1973; prior code, § 193.61)

The cost of mediation and fact-finding proceedings shall be borne equally among all parties involved.

(Ord. 548, § 1, 1973; prior code, § 193.62)

It shall be unfair employee relations practice for the county to:

A. Interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this chapter;

B. Dominate or interfere with the formation of any employee organization or contribute financial support to it provided that the county may permit the use of county facilities, make dues deductions, and permit employees who are officers or representatives of employee organizations to confer with county officials during working hours without loss of time or pay, subject to applicable regulations;

C. Refuse to meet and confer with representatives of certified employee organizations on matters within the scope of representation during the periods prescribed by this chapter;

D. Refuse or fail to cooperate with any duly designated mediators or fact-finders;

E. Violate any section of this chapter.

(Ord. 618, § 6, 1980; Ord. 548, § 1, 1973; prior code, § 193.70)

It shall be unfair employee relations practice for employees or employee organizations or their agents to:

A. Interfere with, restrain or coerce employees in the exercise of the rights recognized or granted in this chapter;

B. Refuse to meet and confer with county officials on matters within the scope of representation when the employee organization involved has been recognized as the certified representative;

C. Refuse or fail to cooperate with any duly designated mediators or fact-finders;

D. Engage in a strike, slow-down or work stoppage of any kind against the county;

E. Violate any section of this chapter.

(Ord. 618, § 7, 1980; Ord. 548, § 1, 1973; prior code, § 193.71)

Charges of violations of Sections 3.12.430 or 3.12.440 may be initiated by a management representative, by a representative of a certified employee organization, or by an individual employee or group of employees. Such charges shall be filed in writing with the commission. Each charge so filed shall be processed in accordance with the rules anal regulations of the commission.

A. If the commission's decision is that the county has engaged inan unfair employee relations practice, the commission shall request of the county that it take appropriate corrective action.

B. If the decision is that an employee(s) or employee organization or its agents, has engaged in an unfair employee relations practice, the commission shall request the offending party to take appropriate corrective action or, dependent upon the gravity of the violation, may elect to impose penalties, including but not limited to:

1. Reduction of the percentage of petitioning employees required for decertification as provided for in Section 3.12.390; or

2. Decertification of an employee organization.

(Ord. 581, § 5, 1976; Ord. 548, § 1, 1973; prior code, § 193.72)

Any action taken by the commission under Section 3.12.450 may be appealed to the board of supervisors.

(Ord. 581, § 5, 1976; Ord. 548, § 1, 1973; prior code, § 193.73)

The director of human resources is designated as the county's management representative whose duty it shall be to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment in an attempt to reach agreement with representatives of certified employee organizations, and consult with registered employee organizations. The county's management representative is authorized to delegate these duties and responsibilities.

(Ord. No. 16-002, § 5, 4-26-2016; Ord. 01-014, § 3; Ord. 548, § 1, 1973; prior code, § 193.80)

The county administrative officer is authorized to establish rules and procedures to carry out the intent of this chapter. He also has the authority for the administrative interpretation of this chapter. Interpretations made by the county administrative officer are subject to appeal to the county board of supervisors.

(Ord. 548, § 1, 1973; prior code, § 193.81)

A. Nothing in this chapter shall be construed to deny any person, employee or employee organization the rights granted by federal and state laws.

B. The rights, powers and authority of the board of supervisors and civil service commission and the rights of employee organizations in all matters, including the right to maintain any legal action, shall not be modified or restricted by this chapter.

C. The provisions of this chapter are not intended to conflict with, nor shall they be construed in a manner inconsistent with, the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the state of California (Sections 3500 et seq.) as amended.

(Ord. 548, § 1, 1973; prior code, § 193.85)