Santa Clara County Municipal Code Art. 5 Rights and Obligations

(a) Upon request, a recognized employee organization shall have the right to meet and confer in good faith to negotiate wages, hours and other terms and conditions of employment with the appropriate level of management. Representatives of recognized employee organizations may participate in such meetings without loss of compensation or other benefits.

(b) "Meet and confer in good faith" means the mutual obligation personally to meet and confer in order to exchange freely information, opinions and proposals and to endeavor to reach agreement on matters within the scope of representation. If agreement is reached by management and a recognized employee organization, or recognized employee organizations, on matters subject to approval by the Board of Supervisors, they shall jointly prepare a written memorandum of such understanding, and present it to the Board of Supervisors for determination. If agreement is reached on matters not subject to approval by the Board of Supervisors, the appropriate level of management and recognized employee organizations shall jointly prepare a written memorandum of such agreement.

(Code 1954, § 3.9.6-1; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

State Law reference— Similar provisions, Government Code § 3505.

Only a recognized employee organization may have the regular dues of its members within a representation unit deducted from employees' paychecks under procedures prescribed normally by the Director of Finance for such deductions. Dues deductions shall be upon the written authorization of the member. An authorization for dues deduction shall be subject to revocation pursuant to the provisions of a memorandum of agreement between the County and a recognized employee organization and the terms and conditions of such memorandum shall prevail over procedures prescribed by the Director of Finance. Other payroll deductions or dues deductions for employees not within recognized representation units may be allowed in accordance with such procedures as may be established.

(Code 1954, § 3.9.6-3; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-300.190, § 1, 5-31-74)

A recognized employee organization which represents employees of a County department shall be allowed by that department use of space on available bulletin boards for communications, provided that it does not interfere with the needs of the department. A recognized employee organization may distribute material to employees in the representation unit through normal channels. A recognized employee organization may distribute material to all employees through normal department channels when approved by the appointing authority. A recognized employee organization may distribute material to all employees through County-wide facilities of communication when approved by the County Executive. Any representative of an employee organization shall give notice to the department head or his designated representatives when contacting departmental employees on County facilities during the duty period of the employees, provided that solicitation for membership or other internal employee organization business shall be conducted during the nonduty hours of all employees concerned. Prearrangement for routine contact may be made on an annual basis.

(Code 1954, § 3.9.6-4; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

County buildings and other facilities may be made available for use by County employees or an employee organization or their representatives in accordance with administrative procedures governing such use.

(Code 1954, § 3.9.6-4; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

(a) 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 with the appropriate level of management prior to adoption.

(b) Whenever management communicates in writing to employees a management decision or proposal which might affect the working conditions, personnel, management practices or other employee-management relationship, it shall concurrently send such notice to the appropriate recognized employee organizations.

(Code 1954, § 3.9.6-5; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Grievances involving wages, hours and other conditions of employment which affect members of the representation unit may be processed by the recognized employee organization on its own behalf directly with the appropriate level of management. Individual and group grievances shall be processed in accordance with the provisions of the grievance procedure as provided in Chapter V of Division A25. Grievances with respect to any agreement negotiated in accordance with this chapter shall be processed in accordance with procedures set out in such agreement or directly with the County Executive if no agreement on a grievance procedure is reached. Grievances involving the interpretation and application of this chapter may be appealed to the County Executive. This section shall not apply to a representation unit when the recognized employee organization of that unit has signed a written memorandum of understanding with County management which provides for a grievance procedure and such memorandum has been approved by the Board of Supervisors and is in effect.

(Code 1954, § 3.9.6-6; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-304.74, § 3, 9-5-72)

(a) In accordance with general policy guidelines negotiated with the County Executive, a reasonable number of employees may be designated from time to time as official representatives by recognized employee organizations. Upon reasonable advance notice, such representatives may attend meetings and otherwise represent employees on matters within the scope of representation on County line [time] within the County.

(b) Upon prior agreement with the appropriate level of management, a reasonable number of employees may be designated as unit representatives. Such unit representatives may attend meetings, conduct investigations and otherwise represent employees on County time within their units.

(c) Attendance at meetings by employee representatives outside the County may be authorized but at no expense to the County.

(Code 1954, § 3.9.6-7; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Employee organizations may represent their individual employee members in individual employment relations, including grievances, to the extent required by the Government Code.

(Code 1954, § 3.9.6-8; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Nothing in this chapter shall be construed to restrict or in any way modify the right of an individual employee to present matters involving his employment relationship to the appropriate level of management, provided that any action taken is not inconsistent with the terms of an agreement then in effect, and that before any action is taken which could affect the terms and conditions of employment of other employees in the representation unit, such proposed action is communicated to the recognized employee organization for its opinion on the merits and the effect of the proposed action.

(Code 1954, § 3.9.6-9; Ord. No. NS-300.130, § 1, 2, 1-13-69)

No appointing authority or his representative shall discriminate for or against any employee organization, or in any way coerce or influence any employee in his free choice to join or refrain from joining any employee organization.

(Code 1954, § 3.9.6-10; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Representatives of the appropriate level of management shall acknowledge in writing, within five working days, any written request for consideration of a matter by a recognized employee organization, and shall attempt a resolution of any problem within the scope of representation within a reasonable period of time.

(Code 1954, § 3.9.6-11; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Confidential employees who are members of an employee organization that includes as members employees who are not confidential employees shall not:

(a) Serve as officers of such employee organization, or

(b) Serve on committees which deal with areas within the scope of representation, or

(c) Serve as a representative of such employee organization before County management.

(Code 1954, § 3.9.6-12; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-300.193, § 5, 9-3-74)

The enactment of this chapter shall not be construed as making the provisions of Labor Code § 923 applicable to employees.

(Code 1954, § 3.9.6-13; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)