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Home My WebLink AboutMINUTES - 11081994 - 1.63 .t -86ARD OF SUPERVISORS Contra Fhom: RICH HEYNE, EMPLOYEE RELATIONS MANAGER Costa DATE: NOVEMBER 8, 1994 County SUBJECT: ACKNOWLEDGE RECEIPT OF PETITION FROM LOCAL NO. 1 PROPOSING MODIFICATION OF THEIR ENGINEERING UNIT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Acknowledge receipt of a copy of the October 21 , 1994 letter to Henry Clarke, General Manager of Contra Costa County Employees Association, Local #1 from the Employee Relations Manager regarding a petition filed by Local #1 proposing the modification of their Engineering Unit. REASONS FOR RECOMMENDATION/BACKGROUND: In accordance with Section 34-12.106 of the County's Employer-Employee Relations Resolution 81/1165, on August 11 . 1994 Local #1 filed a petition for modification of an established representation unit to include the following job classifications currently represented by the Contra Costa County Appraisers' Association: Auditor Appraiser I Auditor Appraiser II Senior Auditor Appraiser By copy of this Board Order, other recognized employee organizations are advised that intervention in the unit determination process and/or to appear on a representational election ballot requires 30% of employee approval and must be submitted within 21 calendar days from the date of Board action. l CONTINUED ON ATTACHMENT: YES SIGNATURE: c�3e RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION.OF BOARD ON Nov S 7 loyA APPROVED AS RECOMMENDED _ '� OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD Orig. Dept: Personnel (6-4146) OF SUPERVISORS ON THE DATE SHOWN. cc: Employee Relations ATTESTED NOV 8 1994 Assessor . Phil Batchelor, Clerk of the Board of Recognized Employee Organizations Sccervisors and County Administrator M382/7-83 BY 51G��t DEPUTY /I A ' CONTRA COSTA COUNTY 'PETITION FOR MODIFICATION OF AN ESTABLISHED REPRESENTATION UNIT THIS PETITION MUST BE FILED WITH THE CONTRA COSTA COUNTY EMPLOYEE RELATIONS MANAGER PURSUANT TO SECTION 34-12. 106 OF BOARD RESOLUTION 81/1165. PLEASE COMPLETE THE ITEMS BELOW USING ADDITIONAL PAGES IF NECESSARY. FILE TYPED ORIGINAL AND 1 COPY. 1. NAME OF PETITIONING ORGANIZATION: Contra Costa County Employees Association, Local #1 and the Engineering Unit of Local #1. 2. LIST THE TITLE OF THE 'ESTABLISHED REPRESENTATION UNIT FOR WHICH UNIT MODIFICATION IS BEING FILED: . Appraisers Association Unit• 3 . DESCRIBE BRIEFLY THE GENERAL STRUCTURE OF THE PROPOSED MODIFIED REPRESENTATION UNIT AND IN THF SPACE PROVIDED BELOW, LIST ALL CLASSIFICATIONS WHICH WOULD BE INCLUDED IN THE PROPOSED MODIFIED UNIT AND ESTIMATE THE NUMBER OF POSITIONS IN EACH CLASS ; CLASSIFICATION NO. OF POSITIONS Auditor-Appraiser 10 10 i 4. EXPLAIN BRIEFLY- WHY THE PROPOSED MODIFIED UNIT IS CONSIDERED AN APPROPRIATE UNIT IN TERMS OF THE CRITERIA LISTED IN SECTION 34-12.006: The majority of the Auditor-Appraisers believe that their interests have continually been igno.r.e.d..by the Appraisers who have over 70 percent of the votes in the unit. Also, since many of the members in the Local ill Engineering unit are Real Property Agents, the Auditors-Appraisers believe that they have a more legitimate community of interests with them than with the Appraisers. In terms of the history of representation, the Auditor-Appraisers were convinced that their interests had not been properly represented by the Appraisers and they, in fact, attempted in 1993 to modify the Appraiserls unit, unsuccessfully. It is quite evident that their community of interests would be better represented by Local One's Engineering Unit than their present Appraisers Association Utft 5. THE ESTIMATED XXX TOTAL NUMBER OF POSITIONS (SEE ITEM #3 ABOVE) IN THE PROPOSED MODIFIED UNIT IS 1-0 - "AND THE NUMBER OF EMPLOYEES WHO HAVE REQUESTED YOUR ,ORGANIZATION TO REPRESENT THEM IS 6 - MINIMUM SHOWING OF INTEREST REQUIRED- 30% OF EMPLOYEES IN THE PROPOSED MODIFIED UNIT. EVIDENCE OF SUCH SHOWING OF INTEREST MUST -ACCOMPANY THIS PETITION. SUCH EVIDENCE SHALL BE AS PROVIDED IN SECTION 34.4.038, "PROOF OF EMPLOYEE APPROVAL". THE EMPLOYEE RELATIONS MANAGER WILL DETERMINE THE SHOWING OF INTEREST REQUIRED BY TOTALING THE NUMBER OF POSITIONS IN THE PROPOSED MODIFIED UNIT, ADJUSTED TO REFLECT POSITIONS OCCUPIED AS OF THE DATE THE PETITION IS FILED, AND COMPUTING THE EXACT PERCENT OF EMPLOYEE APPROVAL THEREOF. 6. 1 DECLARE THAT I AM A DULY AUTHORIZED REPRESENTATIVE OF THE PETITIONING ORGANIZATION AND CERTIFY THAT THE STATEMENTS SET FORTH IN THIS PETITION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Henry L. Clarke General Hanage NAME OF REPRESENTATIVE -(PLEASE PRINT) TITLE 8/�1/94 SIGNATUW OF REPRESENTATIVE DATE ER3 1/91 CONTRA COSTA COUNTY SIGNATURE PETITION FORM THIS PETITION IS FILED PURSUANT TO SECTION 34-4 . 038 ( l) OF BOARD RESOLUTION 81/1165 . THE UNDERSIGNED HAVE DESIGNATED (EMPLOYEE ORGANIZATION) TO REPRESENT THEM IN THE ZOLLOWIqfG PROCEEDING: PETITION FOR INFORMAL RECOGNITION PETITION FOR FORMAL RECOGNITION PARTICIPATE IN PROCEEDINGS ON A PROPOSED UNIT PETITION FOR AN ALTERNATE PROPOSED UNIT MODIFICATION OF AN ESTABLISHED REPRESENTATION UNIT DECERTIFICATION OF A MAJORITY REPRESENTATIVE PETITION FOR REPRESENTATIONAL ELECTION BALLOT LISTING TRANSFER OF CLASS(ES) BETWEEN UNITS REPRFSENTED BY SAME PARENT UN1014 PLEASE PRINT THE FOLLOWING INFORMATION: DATE EMPLOYEE ' S FULL NAME EMPLOYEE ' S SIGNATURE CLASSIFICATION TITLE & All ER2 1/91 Contra Personnel Department Costa Administration Bldg. 651 Pine Street Count .r y Martinez. California 94553-1292 October 21 , 1994 Henry Clarke, General Manager CCCEA, Local No. One P.O. Box 222 Martinez, California 94553 RE: PETITION TO REPRESENT CLASS OF AUDITOR - APPRAISER Dear Mr. Clarke: Reference my letter of September 19, 1994, subject as above, to you on this matter. This is to advise you that the County has.modified its position on your August 11 , 1994 petition to represent ten (10) Auditor - Appraiser positions now represented by the Appraiser's Association. The question of an appropriate modification window is resolved in-favor of the month of October as specified in the Employer - Employee Relations Resolution 81 /1 165 since you seek to modify the Appraiser's Association Unit which is subject to that provision. With respect to your petition's additional proposal that the Auditor - Appraiser classification be assigned to the Local One Engineering Unit, it is the County's position that while the Employer - Employee Relations Resolution does not specifically permit the summary transfer of classes between bargaining units with different majority representatives in the modification process, this issue will be addressed in the required community of interest determination and need not be an impediment at this initial, stage. In accepting the petition, I advise you of our preliminary evaluation that the class of Auditor - Appraiser has the clearest community of interest in the Appraiser's Association and that this issue will be the subject of meet and confer as provided by the Employer-Employee Relations Resolution. - 2 Based on the foregoing, I will initiate the procedures involved in unit determination, beginning with a 21 day posting of notice of your petition to modify to allow required intervention of any other recognized employee organization. Subsequent to that period, I will invite you to begin meet and confer on the unit determination issue. As you are aware, the matter will be referred to an arbitrator if we are unable to reach agreement. Sincerely, Richard Heyne Employee Relations Manager APPPETDE.LTR cc: Arthur Walenta - Assistant County Counsel Leslie Knight - Director of Personnel John Biasotti - County Assessor Appraisers' Association Contra Personnel Department Costa ; :_-, ;'�% ` " Administration Bldg. - zi _.; :R � 651 Pine Street 9': 1 `� ��s �� Martinez. California 94553-1292 County ;�_�..:��`' srq coii�`t' October 21 , 1994 Henry Clarke, General Manager CCCEA, Local No. One P.O. Box 222 Martinez, California 94553 RE: PETITION TO REPRESENT CLASS OF AUDITOR - APPRAISER Dear Mr. Clarke: Reference my letter of September 19, 1994, subject as above, to you on this matter. This is to advise you that the County has,modified its position on your August 11 , 1994 petition to represent ten (10) Auditor - Appraiser positions now represented by the Appraiser's Association. The question of an appropriate modification window is resolved in'favor of the month of October as specified in the Employer - Employee Relations Resolution 81/1165 since you seek to modify the Appraiser's Association Unit which is subject to that provision. With respect to your petition's additional proposal that the Auditor - Appraiser classification be assigned to the Local One Engineering Unit, it is the County's position that while the Employer - Employee Relations Resolution does not specifically permit the summary transfer of classes between bargaining units with different majority representatives in the modification process, this issue will be addressed in the required community of interest determination and need not be an impediment at this initial stage. In accepting the petition, I advise you of our preliminary evaluation that the class of Auditor - Appraiser has the clearest community of interest in the Appraiser's Association and that this issue will be the subject of meet and confer as provided by the Employer-Employee Relations Resolution. - 2 - Based on the foregoing, I will initiate the procedures- involved in unit determination, beginning with a 21 day posting of notice of your petition to modify to allow required intervention of any other recognized employee organization. Subsequent to that period, I will invite you to begin meet and confer on the unit determination issue. As you are aware, the matter will be referred to an arbitrator if we are unable to reach agreement. Sincerely, Richard Heyne Employee Relations Manager APPPETDE.LTR cc: Arthur Walenta - Assistant County Counsel Leslie Knight - Director of Personnel ' John Biasotti - County Assessor Appraisers' Association