Santa Clara County Municipal Code § A25-339 Statement of policy

It is the policy of the County to promote full communication between the County and its employees to protect the exercise by its employees of their full freedom of association, self-organization and designation of representatives of their own choosing, by providing a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment between the management of the County and employee organizations. It is also the purpose of this article to promote the improvement of personnel management and employer-employee relations by providing a uniform basis for recognizing the right of County employees to join organizations of their own choice and be represented by such organizations in their employment relationships with the County. Nothing contained herein shall be deemed to supersede the provisions of existing state law or the provisions of the County Charter or this Code which establish and regulate a merit system or which provide for other methods of administering employer-employee relations. This chapter is intended instead, to strengthen the merit system and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between County employees and the management of the County. In order to fully and effectively implement the provisions of this chapter, management employees shall not be included in any representation unit.

(Code 1954, § 3.9.1-1; Ord. No. NS-300.90, § 1, 2-7-66; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-300.193, § 1, 9-3-74)

As used in this chapter, "confidential employee" means an employee who is privy to decisions of County management affecting employee relations, the total number of which shall not exceed three percent of the total number of budgeted County positions.

(Code 1954, § 3.9.2-5; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

As used in this chapter, "days" means calendar days.

(Code 1954, § 3.9.2-7; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

As used in this chapter, "employee" means an employee whose salary is fixed by the Board of Supervisors in the salary ordinance of the County, other than a management employee.

(Code 1954, § 3.9.2-1; Ord. No. NS-300.90, § 1, 2-7-66; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-300.193, § 2, 9-3-74)

As used in this chapter, "employee organization" means any organization which includes employees and which has as one of its primary purposes representing such employees in their relations with the County and which has registered with the Director of Employee Services Agency as provided for in Article 2 of this chapter.

(Code 1954, § 3.9.2-2; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 36, 8-25-15)

As used in this chapter, "management" or "management employee" means the County Executive 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 and who are so designated by the Personnel Director with the approval of the County Executive in accordance with the procedures set forth in Section A25-369. The Personnel Director may not designate a position as management which is included in any recognized representation unit other than a supervisory administrative unit.

(Code 1954, § 3.9.2-4; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-300.193, § 3, 9-3-74)

As used in this chapter, "mediation" means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of management and the recognized employee organizations through interpretation, suggestion and advice.

(Code 1954, § 3.9.2-8; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

As used in this chapter, "recognized employee organization" means an employee organization that has been certified pursuant to Article 4.

(Code 1954, § 3.9.2-3; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

"Supervisory employee," as used in this chapter, means any individual having 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 in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

(Ord. No. NS-300.375, § 2, 2-21-84)

Note— See the editor's note following § A25-348.

(a) Proof of employee approval to a petition is demonstrated under this chapter, by any of the following:

(1) Signed and dated signatures on the petition.

(2) Signed and dated employee organization authorization cards.

(3) Documented evidence of current dues paying employee organization membership or payroll dues deductions using the payroll immediately prior to the date the petition is filed.

(b) For purposes of Paragraphs (a)(1) and (a)(2) above, only signatures of employees currently employed, which signatures have been executed within six months prior to the date the petition is filed, shall be accepted as proof of employee approval.

(c) The total number of employees in a proposed representation unit shall be determined by using the County salary ordinance, adjusted to reflect the positions occupied as of the date of the petition.

(Code 1954, § 3.9.2-6; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-300.375, § 3, 2-21-84)

Editor's note— Section 1 of Ord. No. NS-300.375, adopted Feb. 21, 1984, repealed former § A25-347; § 2 added a new § A25-347; and § 3 added a new § A25-348. However, the text of the new § A25-348 is the same as that of the repealed A25-347; therefore the history note to that section has been retained.