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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER IV.
EMPLOYEE-MANAGEMENT RELATIONS*

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State law reference(s)--Public employee organization, Government Code § 3500 et seq.

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ARTICLE 1.
GENERALLY

Sec. 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)

Sec. A25-340. "Confidential employee" defined.

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)

Sec. A25-341. "Days" defined.

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)

Sec. A25-342. "Employee" defined.

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)

Sec. A25-343. "Employee organization" defined.

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 Personnel 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)

Sec. A25-344. "Management" defined.

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)

Sec. A25-345. "Mediation" defined.

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)

Sec. A25-346. "Recognized employee organization" defined.

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)

Sec. A25-347. "Supervisory employee" defined.

"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.

Sec. A25-348. Manner of proof of employee approval.

(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.

Secs. A25-349--A25-352. Reserved.

ARTICLE 2.
REGISTRATION OF ORGANIZATIONS

Sec. A25-353. Application required; contents.

An organization that desires to be registered as an employee organization shall file with the Director of Personnel a statement, signed by its presiding officer, showing:

(a) Name and mailing address of the organization.

(b) Names and titles of officers.

(c) A copy of its constitution and/or bylaws which shall contain a statement that the organization has as one of its primary purposes representing employees in their employment relations.

(d) Verification of employee membership in the organization which may be shown by employee organization payroll dues deduction or by an official membership statement or authorization cards.

(e) An acknowledgment in writing, signed by a duly authorized officer of the organization, that the organization agrees to all of the provisions of this chapter.

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

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

(Code 1954, § 3.9.3-1; Ord. No. NS-300.90, § 1, 2-7-66; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Sec. A25-354. Notice of registration.

Upon receipt of all the information required by Section A25-353, the Director of Personnel shall, in writing, notify the organization that it has been registered as an employee organization. A copy of this notice shall be filed with the Board of Supervisors.

(Code 1954, § 3.9.3-2; Ord. No. NS-300.90, § 1, 2-7-66; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Sec. A25-355. Annual reregistration.

A registered employee organization shall thereafter annually, between December 1 and December 31, file with the Director of Personnel a statement required by Section A25-353 and the Director of Personnel shall annually issue the notice of registration required by Section A25-354.

(Code 1954, § 3.9.3-3; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Secs. A25-356--A25-362. Reserved.

ARTICLE 3.
REPRESENTATION UNITS

Sec. A25-363. Petition for establishment.

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 Personnel. 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)

Sec. A25-364. Challenge by employee organization.

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 Personnel 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)

Sec. A25-365. Challenge by Board of Supervisors.

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 Personnel 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)

Sec. A25-366. Certification of unit.

If there has been no petition filed challenging a petition to establish a representation unit within 30 days, the Director of Personnel 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)

Sec. A25-367. Amendment of petitions.

If a challenge is lodged, the Director of Personnel 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)

Sec. A25-368. Determination of dispute.

(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)

Sec. A25-369. Maintenance of representation units.

It shall be the duty of the Director of Personnel 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)

Sec. A25-370. Modification of units.

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 Personnel 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 Personnel 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)

Sec. A25-371. Modification by agreement.

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)

Secs. A25-372--A25-377. Reserved.

ARTICLE 4.
RECOGNIZED EMPLOYEE ORGANIZATIONS

Sec. A25-378. Petition for recognition.

An employee organization that seeks certification as a recognized employee organization shall file a petition with the Director of Personnel. The petition shall identify the representation unit requested or established pursuant to Article 3 of this chapter for which petitioner seeks recognition. The petition shall be accompanied by proof of employee approval of employees within the representation unit.

(Code 1954, § 3.9.5-2; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Sec. A25-379. Majority and minority petitions.

The Director of Personnel shall determine the percent of proof of employee approval. A petition accompanied by proof of employee approval greater than 50 percent of the employees within the representation unit shall be certified as a majority petition. A petition accompanied by proof of employee approval of between 30 percent and 50 percent of the employees within the representation unit shall be certified as a minority petition.

(Code 1954, 3.9.5-2; Ord. No. 300.130, §§ 1, 2, 1-13-69)

Sec. A25-380. Notice, challenge of petition.

The Director of Personnel shall give written notice of his certification of a majority or minority petition to the petitioner, to the employees involved, and to any employee organization that has filed a written request for the receipt of such a notice with him. Within 30 days of the date of such notice, another employee organization may file a challenging petition seeking to become the recognized employee organization within the representation unit.

(Code 1954, § 3.9.5-3; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Sec. A25-381. Certification without election.

(a) If no challenging petition is filed against a majority petition which demonstrates proof of employee approval by means of Paragraph (a)(3) of Section A25-347, the Director of Personnel shall certify the petitioner as the recognized employee organization of the representation unit.

(b) If no challenging petition is filed against a majority petition which demonstrates proof of employee approval by means other than Paragraph (a)(3) of Section A25-347, the Director of Personnel may certify the petitioner or request the State Conciliation Service to call and conduct a secret ballot election in accordance with its own procedures and regulations and pursuant to Section A25-384.

(Code 1954, § 3.9.5-5; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Sec. A25-382. Election on challenged majority petition.

If a challenging petition is filed against a majority petition and is accompanied by proof of employee approval equal to at least 30 percent of the employees within the representation unit, the Director of Personnel shall request the State Conciliation Service to call and conduct a secret ballot election in accordance with its own procedures and regulations and pursuant to Section A25-384.

(Code 1954, § 3.9.5-5; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Sec. A25-383. Election on minority petition.

If a minority petition is filed, the Personnel Director shall, whether or not a challenging petition is filed, request the State Conciliation Service to call and conduct a secret ballot election in accordance with its own procedures and regulations and pursuant to Section A25-384. If a challenging petition is filed against a minority petition and is accompanied by proof of employee approval equal to at least ten percent of the employees within the representation unit, the State Conciliation Service shall include the challenging employee organization on the ballot.

(Code 1954, § 3.9.5-6; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Sec. A25-384. Election procedure.

Whenever the State Conciliation Service calls an election pursuant to this article, it shall include the choice of no organization on the ballot. Employees entitled to vote in a representation election shall be those employees within the representation unit whose names appeared on the payroll immediately prior to the date of election. An employee organization shall be certified by the Director of Personnel as the recognized employee organization within the representation unit if the majority of those casting valid ballots at the election chooses said organization. In an election where none of the choices receives a majority of the valid ballots cast, a run-off election shall be conducted between the two choices receiving the largest number of ballots cast. There shall be no more than one representation election in a 12-month period within the same representation unit.

(Code 1954, § 3.9.5-7; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Sec. A25-385. Decertification procedure.

(a) A decertification petition may be filed with the Director of Personnel by employees of a registered employee organization to determine whether or not a recognized employee organization continues to represent a majority of the employees in the representation unit. The petition must be accompanied by proof of employee approval equal to at least 30 percent of the employees within the representation unit. All petitions pursuant to this section must be filed with the Director of Personnel between 150 and 120 days prior to the termination of an existing memorandum of agreement or understanding between the recognized employee organization for the unit and the Board of Supervisors. In the event no memorandum or agreement exists between the recognized employee organization and the Board of Supervisors, petitions shall be filed between 150 and 120 days prior to the end of the fiscal year of the County. During the term of the memorandum of understanding or agreement between a recognized employee organization and the Board of Supervisors covering a representation unit, no decertification petition for such unit shall be accepted by the Director of Personnel unless it is timely filed during the last annual term thereof, or the third annual term thereof, whichever first occurs. Notwithstanding the foregoing provisions, no decertification petition for the same unit shall be accepted by the Director of Personnel more frequently than every two years.

(b) When a valid petition has been filed by employees, the State Conciliation Service shall be requested to conduct an election within 30 days to determine whether or not the incumbent recognized employee organization shall be decertified. The incumbent recognized organization shall be decertified if a majority of those casting valid ballots vote for decertification. When a valid petition has been filed by a registered employee organization the State Conciliation Service shall be requested to conduct an election within 30 days to determine whether such organization shall be recognized. The incumbent recognized employee organization shall be decertified if a majority of those casting valid ballots vote for the petitioning organization.

If the State Conciliation Service refuses to conduct the election, the election shall be conducted by the Registrar of Voters.

(Code 1954, § 3.9.5-8; Ord. No. NS-300.130, §§ 1, 2, 1-13-69; Ord. No. NS-300.149, § 2, 3-9-71; Ord. No. NS-300.178, § 1, 7-31-73; Ord. No. NS-300.180, § 1, 10-30-73)

Editor's note--Sec. A25-385, as amended by Ord. No. NS-300.180, § 1, shall become effective on July 1, 1974.

Secs. A25-386--A25-392. Reserved.

ARTICLE 5.
RIGHTS AND OBLIGATIONS

Sec. A25-393. Duty to meet and confer in good faith.

(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(s)--Similar provisions, Government Code § 3505.

Sec. A25-394. Dues deductions.

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)

Sec. A25-395. Communication with employees.

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)

Sec. A25-396. Use of County buildings.

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)

Sec. A25-397. Organizations to be given advance notice of proposals, actions.

(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)

Sec. A25-398. Grievances.

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)

Sec. A25-399. Attendance at meetings.

(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)

Sec. A25-400. Representing individual employees.

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)

Sec. A25-401. Individuals representing themselves.

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)

Sec. A25-402. Discrimination, coercion by management.

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)

Sec. A25-403. Prompt attention by management to requests.

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)

Sec. A25-404. Restrictions on confidential employees.

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)

Sec. A25-405. Labor Code § 923 not applicable.

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)

Secs. A25-406--A25-413. Reserved.

ARTICLE 6.
IMPASSE PROCEDURES

Sec. A25-414. Impasse on matters subject to approval by Board of Supervisors.

(a) If the appropriate level of management and the recognized employee organization fail to reach agreement prior to June 1 of a fiscal year on a matter within the scope of representation affecting the budget and subject to approval by the Board of Supervisors and the parties together are unable to agree on a method of resolving the dispute, the dispute shall be submitted to mediation.

(b) If the parties are unable to agree on the mediator, either party may request the service of the State Conciliation Service to provide a mediator. Costs of mediation shall be divided one-half to the County and one-half to the recognized employee organization or recognized employee organizations.

(Code 1954, § 3.9.7-1; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Sec. A25-415. Impasse on matters not subject to approval by Board of Supervisors.

(a) If after a reasonable period of time, the appropriate level of management and recognized employee organization fail to reach agreement on a matter not subject to approval by the Board of Supervisors and within the scope of representation, the parties together may mutually agree upon a method of resolving the dispute including, but not limited to, mediation. If mutual agreement on a method for resolving the dispute is not achieved within a reasonable period of time, the dispute shall be submitted to mediation.

(b) If the parties are unable to agree on the mediator, either party may request the services of the State Conciliation Service to provide a mediator. Costs of mediation shall be divided one-half to the County and one-half to the recognized employee organization or recognized employee organizations.

(Code 1954, § 3.9.7-2; Ord. No. NS-300.130, §§ 1, 2, 1-13-69)

Secs. A25-416--A25-499. Reserved.

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