Lake County Municipal Code Div. 2 Representation Proceedings

(a) Name and address of the employee organization.

(b) Names and titles of its officers.

(c) Names of employee organization representatives who are authorized to speak on behalf of the organization.

(d) A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the County.

(e) A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with, a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.

(f) Certified copies of the employee organization's constitution and bylaws.

(g) A designation of those persons, not exceeding two (2) in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.

(h) A statement that the employee organization has no restriction on membership based on race, color, creed, sex or national origin.

(i) The job classification or titles of employees in the unit for which the petition is filed and the approximate number of member employees therein.

(j) A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the petitioned unit have designated the employee organization to represent them in their employment relations with the County. Such written proof shall be submitted for confirmation to the Employee Relations Officer, the State Mediation and Conciliation Service (SMCS) or to a mutually agreed upon neutral third party for verification.

(k) A request that the Board of Supervisors formally acknowledge the petitioner as the recognized employee organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.

(l) An acknowledgement of this policy declaration and any amendments thereto, and an agreement to abide by the same.

(Ord. No. 1063, Art. II, § 1, 1-2-79)

(a) There has been compliance with the requirements of the recognition petition; and

(b) The proposed representation unit is one of the appropriate units set forth in Section 14-56 of this division.

(Ord. No. 1063, Art. II, § 2, 1-2.79; Ord. No. 1995, § 4, 3-12-91)

53.2 If an affirmative determination is made by the Employee Relations Officer on the foregoing two (2) matters, he shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit, and shall take no action on said request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefor in writing. The petitioning employee organization may appeal such determination in accordance with Section 14-58 of this division.

(Ord. No. 1063, Art. II, § 2, 1-2-79)

Sec. 14-53. - Open Period for Filing Challenging Petition.

53.1 Within thirty (30) days of the date written notice was given to affected employees by means of posting on County bulletin boards that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the same unit, by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) per cent and otherwise in the same form and manner as set forth in Section 14-51 of this division.

(Ord. No. 1063, Art. II, § 3, 1-2-79)

Sec. 14-54. - Election procedure.

54.1 The Employee Relations Officer shall arrange for a secret ballot election to be conducted by the County Clerk and verified by the Employee Relations Officer, the County Clerk and one (1) representative of each of the concerned employee organization(s), in accordance with its rules and procedures subject to the provisions of this article. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this division shall be included on the ballot. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the County in the same unit on the date of the election. An employee organization shall be formally acknowledged as the recognized employee organization for the designated appropriate unit following an election or runoff election if it received a numerical majority of all valid votes cast in the election. In an election involving three (3) or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted between the two (2) choices receiving the largest number of valid votes cast, the rules governing an initial election being applicable to a runoff election.

(Ord. No. 1063, Art. II, § 4, 1-2-79)

54.2 There shall be no more than one (1) valid election under this article pursuant to any petition in a twelve-month period affecting the same unit.

(Ord. No. 1063, Art. II, § 4, 1-2-79)

54.3 Cost of conducting elections, if any, shall be borne in equal share(s) by each employee organization appearing on the ballot.

(Ord. No. 1063, Art. II, § 4, 1-2-79)

54.4 If agreed by all parties to an election, the County Clerk's Office role in the above procedure may be substituted for by the California State Mediation and Conciliation Service or another mutually acceptable substitute.

(Ord. No. 1063, Art. II, § 4, 1-2-79)

Sec. 14-55. - Procedure for Decertification of Recognized Employee Organization.

55.1 A decertification petition alleging that the incumbent recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of January of any year following the first full year of recognition or during the thirty-day period commencing one hundred eighty (180) days prior to the termination date of a memorandum of understanding then having been in effect less than three (3) years. A decertification petition may be filed by two (2) or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:

(a) The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.

(b) The name of the established appropriate unit and of the incumbent recognized employee organization sought to be decertified as the representative of that unit.

(c) An allegation that the incumbent recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.

(d) Proof of employee support that at least thirty (30) per cent of the employees in the established appropriate unit no longer desire to be represented by the incumbent recognized employee organization. Such proof shall be submitted for confirmation to the first paragraph of this section.

(Ord. No. 1063, Art. II, § 5, 1-2-79)

56.1 The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on (1) the efficient operations of the County and its compatibility with the primary responsibility of the County and its employees to effectively and economically serve the public, and (2) providing employees with effective representation based on recognized community of interest considerations. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered in assigning classifications to units shall be:

(a) Title notwithstanding, similarity of the general kinds or work performed, types of qualifications required, and the general working conditions.

(b) History of representation in the County and similar employment; except however, no unit shall be deemed to be an appropriate unit for the classification solely on the basis of the employee organization to which employees the subject classifications belong.

(c) Consistency with the general description of the units in this section.

(d) Consistency with the organization patterns of the County.

(e) Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classification among two (2) or more units.

(a) Administrative, Professional and Office Technical Non-supervisory: Includes classes of positions normally referred to as "white collar," such as clerical support positions, professional and related technical support positions.

(b) Trades, Crafts and Field Worker Nonsupervisory: Includes those classes whose work requiring specific skills involving technical ability that may be derived from academic or vocational preparation or experience providing competence in one (1) or more techniques, trades or crafts; may include classifications associated with the inspection of facilities or conditions as to compliance with rules and regulations; may also include those classifications associated with the maintenance of roads, parks, buildings, bridges, equipment and other functions requiring practical knowledge gained through experience on the job.

(c) General Supervisory: Includes all non-law-enforcement supervisors in the County who are below the managerial ranks as defined below.

(d) Law Enforcement Basic: Positions in the Sheriff's Department which are not designated as confidential, managerial or peace officers as defined in subsection (i) below, and are not in a classification which is common to other departments of the County.

(e) Law Enforcement/Management: Those employees who are sworn peace officers and occupy managerial positions within the Sheriffs department.

(f) Confidential Unit: Comprised of all employees who, in the course of their duties, have access to information relating to the County's administration of employer-employee relations.

(g) General Management: Comprised of only department heads and assistant department heads whose hours, wages and other terms and conditions of employment shall be as mutually agreed between the Board and those department heads and assistants.

(h) Deputy District Attorneys: Those attorneys-at-law who occupy positions in the District Attorney's Office.

(i) Peace Officers: Includes all classes of positions defined as peace officers in Penal Code Sections 830.1, except those which are designated as confidential and managerial.

(j) Other Safety Positions: Includes all classifications of peace officers and safety positions not covered by the preceding unit definitions. For purposes of this division, safety positions is defined as those positions eligible for safety retirement benefits.

(Ord. No. 1063, Art. II, § 6, 12-1-79; Ord. No. 1236, § 1, 3-30-82; Ord. No. 1308, § 1, 4-5-83; Ord. No. 1726, § 1, 3-15-88; Ord. No. 1812, § 1, 3-7-89; Ord. No. 2427, §§ 1, 2, 2-24-98)

(Ord. No. 2972, § 1, 4-24-2012; Ord. No. 3022, § 1, 1-6-2015)

57.1 Requests by employee organizations for modifications or redefinition of established units may be considered by the Employee Relations Officer only during the period specified in Section 14-55 of this division. Such requests shall be submitted in the form of a formal proposal or recognition petition, which, in addition to the requirements set forth in Section 14-51 of this division, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 14-56 hereof. The Employee Relations Officer shall process such petitions or formal proposals as other recognition petitions under this division.

57.2 The Employee Relations Officer may, on his own motion, propose that an established unit be modified or redefined. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization during the period specified in Section 14-55 of this division and shall hold a consultation concerning the proposed modifications(s), at which time all affected employee organizations shall be heard if they so desire. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 14-56 of this division, subject to approval of the Board of Supervisors, and shall give written notice of such modification or redefinition to the affected employee organization prior to approval by the Board. If a unit is modified or redefined pursuant to the motion of the Employee Relations Officer hereunder and if such modification or redefinition results in a substantial change in a preexisting unit, employee organizations may thereafter file recognition petitions seeking to become the recognized employee organization for such new or redefined appropriate unit(s) pursuant to Section 14-51 hereof.

(Ord. No. 1063, Art. II, § 7, 1-2-79; Ord. No. 1995, § 5, 3-12-91)

(Ord. No. 1063, Art. II, § 8, 1-2-79; Ord. No. 1995, § 6, 3-12-91)

58.2 An employee organization aggrieved by a determination of the Employee Relations Officer that a recognition petition (Section 14-51), challenging petition (Section 14-53), or decertification or recognition petition (Section 14-55) - or employees aggrieved by a determination of the Employee Relations Officer that a decertification petition (Section 14-55) - has not been filed in compliance with the applicable provisions of this division, may, within fifteen (15) days of notice of such determination, appeal the determination to the County Board of Supervisors for final decision.

(Ord. No. 1063, Art. II, § 8, 1-2-79)