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RESOLUTION N0. 68-~ ~~
BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
RESOLUTION OF THE BOARD OF SUPERVISORS, OF THE COUNTY
OF BUTTE, STATE OF CALIFORNIA ESTABLISHING STANDARDS
FOR THE RECOGNITION OF EMPLOYEE ORGANIZATIONS AND THE
RECEIPT OF IrTFORMATIODT THEREFROM ON THE SUBJECT OF
EMPLOYER-EMPLOYEE RELATIONSHIPS
WHEREAS, it is the policy of the County of Butte to promote
full communications between the county and its employees by
providing effective procedures for resolving matters regarding
wages, hours and other terms and conditions of employment; and
WHEREAS, it is the purpose of the Board of Supervisors to
strengthen employer-employee relations by expressly recognizing
the rights of employees to join employee organizations of their
o~m choosing and to be represented by such organizations in their
employment relationships with the county,
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Butte, State of California, as follows:
I
DEFINITIONS
1. Employee. Employee means an employee whose salary
is fixed by the Butte County Board of Supervisors in the salary
ordinance of the county.
2. Employee Organization. An employee organization is any
lawful organization which includes employees and which has as one
of its primary purposes representing employees in their employment
relationships with the county.
3. Recognized Employee Organization. A recognized employee
organization is an employee organization which has been recogniz-
ed pursuant to Section V of this Resolution.
4. Management. Management means the Board of Supervisors,
the County Administrative Officer, directors or assistant
directors of departments.
5. Professional Employee. Professional employee means an
employee engaged in work requiring specialized :cnowledge and
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skills obtained .through completion of recognized courses of
instruction including but not limited to attorneys, physicians,
registered nurses, engineers, teachers, and various t~Tpes of
physical, chemical, and biological science.
6. Confidential Employees. Confidential employees means
employees who are in a confidential relationship with management
regarding matters of employee relations and includes but is not
limited to all employees of the Administrative Office and the
County Counsel's Office.
7. Days. flays means calendar days.
8. Position. Position means an allocated position in the
current salary ordixiance having an assigned definite classificat
description and occupied by an employee.
II
RIGHTS OF COUNTY MANAGEMENT
Nothing in this resolution shall be construed to interfere
with the county's right to manage its operations in the most
economical and efficient manner and in the best interest of all
the citizens and taxpayers of the County of Butte.
TTT
RIGHTS OF EMPLOYEES
Each employee in the County of Butte shall enjoy, among
following rights:
1. The right to organize or join any employee organization.
2. The right to refuse to joi1~ or participate in the
activities of any employee organization.
3. The right to communicate with management on matters
pertaining to his employment with the county either personally
or through the employee organization of his choice.
4. The right to be free from coercion by management or
employee organizations in the exercise of any of the above rights.
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N
RIGHTS OF F..~IPLOY~R ORGANI~ATION5
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1. All employee organizations shah. have the right to meet
with employees and to organize employees. during the emplgyee's
off-duty time and to represent their employee members in matters
of employee relations f411o~.aing compliance with part V or
part I7C herein.
2. In addition to the rights afforded all employee
organizations, a recognized. employee organization shall enjoy the
following rights:
a. The right to have regular membership cost and dues of ''
its members collected by payroll deductions pursuant to the
procedures prescribed by the auditor-controller and provided
that at least ten percent (10%) of the full time regular
employees of the county shall p~ition to have payroll
deductions made for an orga:;ization's membership dues.
b. The right to use reasonable space on the county
bulletin boards provided such use does not interfeze with
the business-needs of the county departments.
c. The right after -first contacting the department
head to make reasonable contact. with employee members during
their duty .period in order to confer with them on
grievance matters.
d. The right to use county conference rooms and
meeting facilities on the same basis as other organizations.
e. The right to distribute material to its employee
members through narrnal county channels. Distribution. of
material to employee non-mex.bers through, normal county
channels shall require proper approval by the county
administrative officer.
f. The right to have non-confidential information
pertaining to employer-employee-relations made available
to the employee representatives.
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1 g. The right to receive prior and reasonable
2 written notice of proposed action at the board level
3 effecting employee relations. A copy of-the Board of
4 Supervisors agenda shall be reasonable notice of such
5 actions.
g h. The right to meet and confer in good faith
q with management vn matters of employee-employer relations.
g i. The right of its official representatives to be
9 afforded fair and equitable treatment by management at all
10 management levels..
1 ]. V
12 PROCEDTJRES f'OR RECOGNITION
13 1. Application for recognition. An employee organization
14 seeking recognition shall file an application for recognition with
15 the County Administrative Officer. Said application shall contain:
16 a. The name of the employee organization.
17 b. The names and addresses of the principle officers
18 and/or official representatives of the organization.
19 c. The name and address of the regional, state, and
20 national employee organizations_to which it is directly
21 affiliated.
22 d. A copy of the current by-laws of the employee
23 organizatian. Future amendments to the by-laws are to be
24 filed at the time of their adoption.
25 .e. A declaration under penalty of perjury stating that
26 the employee organization affirmatively supports the
27 Constitution of the United States, and the State of Californi ,
28 and permits membership without regard to race, color, creed,
29 sex, national origin, or political affiliation.
30 f. A declaration under penalty of perjury to the effect
31 that the employee membership represents a majority of .all
32I employees not classified herein as managerial or confidential
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1 and not currently represented by a recognized professional
2 employee's organization. In the case of an application by
3 a professional employees organization, said declaration
4 need only state that the employee membership represents a
6 majority of:a11 employees in the particular profession
g after excluding any managerial or confidential employees in
q that profession.
g g. A membership list showing the name, classification
g and department of each employee member.
10 2• Application Review and Recommendations. The
11 Administrative Officer, within 20 .days of receiving an application
12 for recognition by an employee organization, shall investigate the
13 statements on the application, prepare findings and submit a
14 report to the Board of Supervisors. The investigation-shall be
15 limited to a determination that all the requirements of
16 .paragraph 1, above, have been complied with-and shall include
17 verification of the truth of any assertions of fact made pursuant
lg to said requirements. The report to the Board of Supervzso'rs
lg shall recommend for or against recognition of the employee
20 organization. If the recommendation is against recognition, the
g1 reasons therefor shall be included in the report.
82 3. Board Action. .The Board of Supervisors shall within 20
83 days of receipt of the report of the County Administrator „ in a
24 regularly convened meeting, consider the application, the report
2g and hea-r arguments for or against recognition of the employee
28 organization. The Board of Supervisors shall by resolution,
27 adopted within a reasonable time, grant or deny the application.
28 If an application is denied, the reasons therefor shall be
29 expressly set out in a resolution denying the application.
30 VI
31 RESCINDING RECOGNITION
32 The Board of Supervisors may by resolution adopted after a
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1' public hearing, rescind recognition of an employee organization
2 upon finding that it has intentionally violated the laws,
g ordinances, or rules adopted for orderly and responsible
¢ employer-employee relations.
s ~vIT
6 RENEWAL QF RECOGNTTTON
7 A recognized employee. organization shall file an
g application for renewal of recognition with the County Administrat
g or between January 1st and January 15th of each year following
10 initial recognition:
11 1. The application for renewal shall include:
12 a. The name of the employee organization;
13 b. The names and addresses of the principle officers
14 and/or employee representatives;
15' c. Certification that the organizational structure of
lg the employee organization remains as defined on the
17 original applications or/a description of the changes in the
lg employee organization;
19 d. A declaration under penalty of perjury that the
20 employee organization represents a majority of all employees
21 not classified herein as managerial or confidential and not
g2 currently represented by a recognized professional employee'
23 organization.
24 e. A membership list showing the names and department
gg of each employee member.
28 jTIII
2q CONFERENCES AND AGREEMENTS
28 1. General Provisions.
29 a. Each recognized employee organization may meet
30 with management at either the departmental or administrative
3~, level to the extent reasonably necessary to represent its
32 employee members regarding wages, hours, working conditions,
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and other matters related to the welfare of its members.
b. County department directors and assistant directors
shall meet and confer in good faith with official
representatives of a recognized employee organization to the
extent and limits of their authority.
c. When it is.determined by a director or assistant
director that the dispute requires determination at higher
management level, he shall prepare a written summary of
his meeting with the official employee representative and
forward it to the Administrator for further deliberation
and conference.
2. A reement Procedures.
a. Tf an agreement is reached below the administrative
level on matters not requiring specific action by the Board
of Supervisors, the County Administrator sha11 determine
if the agreement is consistent with county policy and
shall notify the official representative of the recognized
employee organization of his determination.
B. In those matters involving wages, hours, and
fringe benefits or other matters requiring specific action
by the Board of Supervisors, the official representatives
of an employee organization shall first submit the matter in
writing to the County Administrator who shall then arrange
to meet with official representatives of the recognized
employee organization. If agreement is reached a joint
written memorandum of such understanding shall be prepared
and presented to the Board of Supervisors for determination.
3. Direct Appeal to the Board of Supervisors. Slfiould a
recognized employee organization feel that the County Administrato
is refusing to meet and confer in good faith regarding any employ-
ment relations matter, the employee organization may request the
matter to be placed on the Board of Supervisors agenda. A
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1 written request shall be filed with the Cleric of the Board with
2 a copy of the County Administrator and any department head involve
3 It shall identify the employee organization, the subject matter
4 evidence of management refusal to meet and confer in good faith,
5 and the desired action. The clerk of the Board shall schedule the
B matter to be on a Board agenda within the next two succeeding
7 Board meetings and shall notify the employee organization of the
g scheduled time. T)
9 111
10 REGISTRATION OF NON-RECOGNIZED EMi'LOYEE ORGANIZATIONS
11 Non-recognized employee organizations which desire to
12 represent their employee members in discussions with the County
13 Administrator or the Board of Supervisors must file with the Count
14 Administrator:
15 1. A statement giving the name of the organization, its
16 principal mailing address and the name of its principal
17 officer.
18 2. Written authority from each employee so represented,
19 which authority shall state the scope of matters to which
20 it relates, the duration of the authority and must be
21 signed by each employee so represented. Trion-recognized
22 employee organizations which are in possession of the
23 written authority above mentioned may be allowed such time
24 for discussions at the management and Board level as the
25 Board of Supervisors determines to be appropriate.
26 X
27 OTHER LAWS ANA RULES
28 1. The Board of Supervisors or its designated management
Zg employees may establish reasonable rules or procedures not
g0 inconsistent with foregoing provisions for the orderly conduct
31 of employer-employee relations.
32 2. Nothing contained herein shall be deemed to abrogate
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1 existing rights and responsibilities of the county and/or its
2 employees to the extent that they are governed by state law or
3 county ordinance.
4 3. Any employee organization recognized by a resolution,
g of the County of Butte, prior to the effective date~of this
g resolution shall be deemed to be recognized as herein stated.
q Such recognized ~nployee organization shall comply with all other
g provisions of this resolution except that no application for
g renewal of recognition shall be required of such organization
lp within six (b) months of the date of this resolution.
11 4. Procedures established for employer-employee relations
12 by the Board of Supervisors or its designated management
13 representatives sha11 reflect the need to preserve the orderly
14 process of government operations. .Therefore, ~:*ork stoppage or
15 other disruptive activities by employees or by employee
16 organizations are declared inimical to the public interest and
17 shall not be permitted. Such activities by a recognized employee
lg organization shall constitute grounds for rescinding recognition.
19 5. Other than as specifically indicated herein with
20 respect to recognition, the County of Butte will not assume
21 responsibility for determining jurisdictional boundaries among
22 and between various employee organizations proporting to represent
23 employees. Jurisdiction disputes sha11 be resolved between the
24 employee organizations involved taithout disruption of, or
2g interference with county operations.
26 PASSED AND ADOPTED this 3~~~=-day of December , 1968,
gq by the following vote:
28 AYES: SUPERVTSORS DUNAWAY, HOGdSDIIV ~ McKILLOP, PRYDE~ and
NOES : none. CHA.TRP~IAN MAXON.
29 ABSENT: none. Q~-
30 DONALD L~ ~ A~ airman ,df the
Butte Cvunty Board of Supervisors
31 ATTEST:
JESSIE ROGERS, County Clerk
S2~ and ex-officio Clerk of the
Board of Supe isors
~$ Deputy
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