Santa Clara County Municipal Code Art. 3 Representation Units

A representation unit is established by petition of employees within the proposed unit. The petition must be accompanied by proof of employee approval equal to at least 30 percent of the employees within the proposed unit. The petition shall be filed with the Director of Employee Services Agency. The Director shall give notice of the filing to the Board of Supervisors together with his recommendation as to the appropriateness of the representation unit. He shall also give notice of the filing to the employees in the proposed unit and to any person or employee organization that has filed a written request for such notice. A petition for the establishment of a representation unit may be combined with a petition that seeks to certify an employee organization as a recognized employee organization.

(Code 1954, § 3.9.4-1; Ord. No. NS-300.90, § 1, 2-7-66; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 40, 8-25-15)

If an employee organization desires to challenge the appropriateness of the proposed representation unit and seeks to establish a different unit, it shall file a petition with the Director of Employee Services Agency within 30 days of filing the original petition requesting a unit determination by the County Personnel Board. The petition must be accompanied by proof of employee approval equal to at least 30 percent of the employees in the unit requested by the challenging organization.

(Code 1954, § 3.9.4-2; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 41, 8-25-15)

If the Board of Supervisors decides to challenge the appropriateness of the proposed representation unit, it shall within 30 days of filing the original petition direct the Director of Employee Services Agency to file a petition with the County Personnel Board requesting a determination.

(Code 1954, § 3.9.4-3; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 42, 8-25-15)

If there has been no petition filed challenging a petition to establish a representation unit within 30 days, the Director of Employee Services Agency shall certify to the Board of Supervisors and petitioner that the representation unit has been established.

(Code 1954, § 3.9.4-4; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 43, 8-25-15)

If a challenge is lodged, the Director of Employee Services Agency shall notify the original petitioner in writing. If an amended petition is not filed within seven days of such notice, the petition and challenge shall be transmitted to the County Personnel Board as provided below. Upon the filing of an amended petition, the original petition shall be deemed revoked and the amended petition shall be considered on its own merits as if originally filed.

(Code 1954, § 3.9.4-5; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.134, § 44, 8-25-15)

(a) If a challenging petition has been duly filed, and the challenge has not been resolved by amendment or withdrawal, the dispute shall be resolved through arbitration by an arbitrator selected by the parties to the dispute. Within ten days of the filing of the challenge the parties will select an arbitrator to hear the dispute and schedule a date for the dispute to be heard. The dispute need not be heard within this ten-day period.

(b) In resolving representation unit disputes, the arbitrator shall in each case determine the broadest feasible unit based upon such factors as internal and occupational community of interest and history of representation. No County classification shall be included in more than one representation unit, except that management and confidential employees shall not be included in any unit which includes nonmanagement or nonconfidential employees.

(c) Professional employees shall not be denied the right to be represented separately from nonprofessional employees by a professional employee organization consisting of such professional employees. "Professional employees," for the purposes of this section, means employees 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.

(d) The decision of the arbitrator shall be final and binding. The cost of the arbitrator and court reporter shall be paid by the County. Costs of representation shall be paid by the respective parties.

(Code 1954, § 3.9.4-6; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-300.494, § 1, 1-14-92)

It shall be the duty of the Director of Employee Services Agency to maintain a record of the composition of each representation unit. The Director shall allocate each new County classification to an appropriate existing representation unit and shall allocate individual positions into or out of management or confidential status.

The Director shall notify all recognized employee organizations in writing of the intended allocation no later than 30 days after approval of the new classification by the Board of Supervisors. A recognized employee organization may challenge the appropriateness of the intended allocation by filing a petition with the Director within 30 days of notice of the intended allocation requesting a determination of the allocation. The challenging organization shall also by certified mail notify and provide a copy of the challenge to the representative of the representation unit to which the class was allocated in the Director's allocation notice. The challenge must be filed within 30 days of the date of the notice of the Director. If no challenge is filed the allocation shall be final. Challenges shall be resolved pursuant to Section A25-368.

The allocation of new classifications created through the reclassification of positions where there is no change in the representation of the incumbents may not be challenged nor is the Director required to provide any notices pursuant to this provision.

(Code 1954, § 3.9.4-7; Ord. No. NS-300.145, 12-22-70; Ord. No. NS-300.163, § 1, 4-11-72; Ord. No. NS-300.193, § 4, 9-3-74; Ord. No. NS-300.494, § 1, 1-14-92; Ord. No. NS-304.134, § 45, 8-25-15)

A petition may be filed pursuant to this chapter to modify an existing representation unit to include a County classification or classifications which are included in other existing representation unit or units. A modification petition may also include the establishment of a new representation unit.

All petitions pursuant to this section must be filed with the Director of Employee Services Agency between 150 and 120 days prior to the termination of an existing memorandum of agreement or understanding between the Board of Supervisors and the recognized employee organization which represents the unit containing the classes in the petition. Where the classes in the petition are included in more than one unit, the unit with the memorandum of agreement or understanding with the latest termination date will determine the submission period for the petition.

Challenges to the appropriateness of proposed unit modifications may be filed in accordance with the provisions of Article 3 of this chapter.

A petition which seeks to create a new unit may be combined with a petition which seeks to be certified as the recognized employee organization in accordance with Article 4 of this chapter. Petitions challenging petitions seeking certification as the recognized employee organization for such new unit may also be filed in accordance with Article 4.

All unit modification petitions filed pursuant to this section must be accompanied by proof of employee approval equal to greater than 50 percent of the employees covered by the petition. Where positions are proposed to be included in an existing representation unit, proof of employee approval of greater than 50 percent of that representation unit is also required. The proof of employee approval of the existing representation unit may be submitted by letter to the Director from the recognized employee organization for existing representation unit.

Notwithstanding the provisions of Sections A25-368 and A25-384, if the Director of Employee Services Agency or a recognized employee organization currently representing the positions in the petition so requests, the proposed unit modification(s) are subject to approval by the petitioning employees via a secret ballot election conducted by the California State Mediation and Conciliation Service. The ballot shall be restricted to a choice between the petitioning and the challenging organizations and neither the County, the employee organization representing the positions in the petition nor the petitioners may object to the election.

(Code 1954, § 3.9.4-8; Ord. No. NS-300.149, § 1, 3-9-71; Ord. No. NS-300.494, § 1, 1-14-92; Ord. No. NS-304.134, § 46, 8-25-15)

The County and recognized employee organization(s) may, upon mutual agreement, modify existing representation units represented by such recognized employee organization(s) through merging of unit(s), creation of new unit(s), moving of classification(s) from one unit to another, etc. Certification of recognition may be part of such agreement(s). The Personnel Board and all recognized employee organizations shall be notified by the Director of any such agreement, and such agreement(s) shall thereupon be binding and effective according to the terms of such agreement(s).

(Ord. No. NS-300.304, § 1, 9-11-79)