Sec. 2-367. - Labor relations program.

(a)

The authority shall adopt rules and regulations for administration of employer-employee relations. Only those employee organizations recognized in accordance with the authority's labor relations resolution shall be entitled to negotiate with the authority on matters within the scope of representation and such other rights that may be granted to recognized employee organizations pursuant to Sections 3500 through 3511 of the Government Code.

(b)

Due to the special and critical health-care services provided through the IHSS program, the board of supervisors finds that any interruption of such services would pose an imminent threat to the health and safety of the recipients of IHSS services and to the community. In order to minimize the likelihood of such interruption and thereby protect the health and safety of recipients and to promote harmony and productive labor relations between the authority and any labor organization that seeks to represent or represents the providers of services to recipients of IHSS services:

(1)

The authority shall have a non-strike clause in any and all collective bargaining agreements with providers and personnel of the authority. The non-strike clause shall continue at least one (1) year beyond the other provisions of any and all collective bargaining agreements; and

(2)

The authority shall take all legal action necessary to bar any strike or other concerted interruption of services to IHSS recipients.

(c)

The authority shall establish rules and regulations respecting the labor relations responsibilities of the authority, and such rules shall provide that a showing of interest of at least fifteen percent (15%) of the eligible providers, shall be a sufficient showing of interest for any labor organization to initiate any election or representation procedures established by the authority for the purposes of certifying an exclusive representative for purposes of collective bargaining. A fifteen percent (15%) showing of interest is being used here, solely due to the unique aspects of the public authority's workforce, composed of employees and care providers. A thirty percent (30%) showing, which has been used historically in the county, will continue to be used in other employee-employer matters affecting all other county workforces.

(Ord. No. 5289 § 1 (part), 2001.)