HomeMy WebLinkAbout12-098A RESOLUTION RESOLVING IMPASSE !N THE MEET AND CONFER PROCESS
AND APPROVING ADOPTION OF THE BUTTE COUNTY PERSONNEL RULES FOR
AUGUST 14, 2012 -AUGUST 13, 2013 FOR THE COUNTY EMPLOYEES IN THE
PROFESSIONAL EMPLOYEES ASSOCIATION (PEA) GENERAL UNIT
WHEREAS, California Government Code Sections 3500 through 3511 (hereinafter the "Meyers-Milias-
Brown Act" or "the Act") provide in pertinent part that representatives of the governing body of the County shall
meet and confer in good faith with representatives of a recognized employee organization in order to endeavor
to reach agreement regarding proposed changes in wages, hours and other terms and conditions of
employment; and
WHEREAS, the County and the PEA have been negotiating mandatory subjects of bargaining
contained within the Butte County Personnel Rules in accordance with the Meyers-Milias-Brown act since
August 19, 2010; and
WHEREAS, the County's bargaining representatives submitted the County's last, best and final offer to
PEA Unit on March 14, 2012; and
WHEREAS, on May 12, 2012, the PEA Unit rejected the County's last, best and final offer; and
WHEREAS, on May 14, 2012, the County declared impasse with the PEA; and
WHEREAS, on May 25, 2012 the County and the PEA Unit's bargaining representatives had an
impasse meeting in a final effort to resolve the remaining issues in dispute from the County`s last, best and
final offer that was rejected by the PEA Unit. The parties agreed to amend some of the disputed language in
the Rules, but the parties remained at impasse regarding five issues. The meeting therefore did not resolve all
of the issues and the matter is being brought before the Board of Supervisors; and
WHEREAS, the County sent an email to representatives of PEA and all of the other bargaining units
regarding the Personnel Rules on June 14, 2012. This email included a copy of the Personnel Rules with the
revisions agreed to on May 25, 2012 and announced the County's intention to have the Rules adopted by the
Board of Supervisors on Tuesday, July 31, 2012. PEA did not respond to this communication. On July 16,
2012, the County sent another email to PEA seeking to determine if PEA had withdrawn its objections to the
Personnel Rules. On July 16, 2012 PEA responded that it still objected to the new Personnel Rules; and
WHEREAS, authority for a public agency to unilaterally implement its last, best, and final offer is set
forth in California Government Cade Section 3505.7, which states: "After any applicable mediation and
faci#inding procedures have been exhausted, but no earlier than 10 days after the factfinders' written findings
of fact and recommended terms of settlement have been submitted to the parties pursuant to Section 3505.5, a
public agency that is not required to proceed to interest arbitration may, after holding a public hearing
regarding the impasse, implement its last best, and final offer, but shall not implement a memorandum of
understanding. The unilateral implementation of a public agency's last, best and final offer shall not deprive a
recognized employee organization of the right each year to meet and confer on matters within the scope of
representation, whether or not those matters are included in the unilateral implementation, prior to the adoption
by the public agency of its annual budget, or as otherwise required by law."; and
WHEREAS, PEA did not timely request to submit the impasse regarding the Personnel Rules to
facifinding; and
WHEREAS, the parties have concluded any and all impasse resolution procedures as required by all
applicable statutes, rules, regulations and agreements; and
WHEREAS, the County's bargaining representatives and the County's Chief Administrative Officer
hereby recommend unilateral approval and adoption of the County's cast, best and final offer.
NOW, THEREFORE, THE BUTTE COUNTY BOARD OF SUPERVISORS DOES RESOLVE AS
FOLLOWS:
Section 1. This resolution is approved, thereby unilaterally adopting the County's last, best and final
offer as set forth in the attached Butte County Personnel Rules for the term of August 14, 2012 to August 13,
2013 for County Employees in the PEA, Exhibit A hereto.
Section 2. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the Board of Supervisors, of the County of Butte, State of California, at a
regular meeting of said Board, held on the 14th day of August 2012, by the following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Yamaguchi and Chair Lambert
NOES: None
ABSENT: None
NOT VOTING: None
t HEREBY CERTIFY that the foregoing Resolution was duly and regularly adapted at a regular meeting
of the County of Butte Board of Supervisors on August 14, 2012.
Steve Lamb hairman of the Board of Supervisors
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board of Supervisors
BY: ~,.~,~~1 _~