HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1165 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Re: Employee-Relations )
provisions of Former ) RESOLUTION NO. 811 1165
Ord. Code Division 34 )
Continued by this )
Resolution )
In its capacity as the Board of Supervisors of Contra Costa County
and of the Contra Costa County Flood Control and eater Conservation
District, and of the Fire Protection Districts and other special
districts governed by the Board, the Board RESOLVES THAT:
1. The provisions of employer-employee relations expressed
in Division 34 of the Contra Costa County Ordinance Code at the
time of its repeal today by Ordinance No. 81- 77 , are hereby
adopted and established by this Resolution as the general rules
governing employee relations in Contra Costa County and the
Districts of which this Beard is the governing body, in place of
Ordinance Code Division 34, effective immediately.
2 . The provisions relating employee relations adopted and
established by this Resolution [that is, former Division 34 of
the Ordinance Code] are attached hereto and incorporated herein
by this reference.
3. To the extent that the provisions of this Resolution
(including the attachment hereto) conflict with any ordinance or
Board resolution, the provisions of the latter control.
PASSED by the Board on '3 t ,i e - ` ' , 1981, by the following
vote:
AYES : Supervisors - ' 'ic er, Schrader, MC'P6,41-, ""<n rI-Il> ,,,t 7-7,1< er:
NOES: Supervisors - '':ane .
ABSENT: Supervisors 1bsen'� ,
EVL:ls
(9-8-81)
cc: County Administrator
Director of Personnel CERTIFIED COPY
County Counsel I certify t1lat this is s fell, tree & correct cony Of rhe
Auditor-Controller kuriginal document wtiich is on file in My office.and ch';, it
Public Information Officer was passed & adoptedi;y rile Boatel of Sr;per<Tisc;rs of
Contra Costa Ct;an r, califo-nia, on the date s;own.
ATTEST':'. R ,O;SSON1;C: :u° Cleric Pc ex-officio Clerk
t>f +d and of upervisors, by Deputy Cie
on
RESOLUTION NO. 813 }
EXAMINIATIONS 32.4.682-32.6.004
32.4.682 Fixed-term deputy district at- Article 32-4.10
torney. The regulations may provide for deputy Staff and Funding
district attorney entry level classification to
which persons may be appointed for fixed terms 32.4.1002 Personnel director. (a) The
not to exceed two years and without reappoint- county administrator shall appoint an assistant
ments, subject nevertheless to civil service ordi- county administrator-director of personnel,who
nances, and regulations of the commission, in- shall act as the commission's secretary.
cluding probationary requirements. (Ord. (b) The county administrator may delegate
79-128). to this assistant any or all of his duties relating
to personnel administration. (Ord. 80-56 § 2,
Article 32-4.8 73-44 § 2: former § 32-4.602: prior coda §
Subpoenas and Oaths* 2418: Ords. 1296, 325 § 2. See also §§
34.4.020, 34.8.012),
32-4.802 Subpoena power. Pursuant to
Government Code Section 31110.2, the 32-4.1004 Other staff and funding. The
commission is granted the following powers: board shall, as necessary, assign additional staff
(1) To issue subpoenas and subpoenas duces and appropriate funds to carry out the
tecum-, provisions of this division. (Ord. 73-44 § 2
(2) To compensate persons subpoenaed; and (part), 1973).
(3) To adopt regulations governing the
payment of reasonable fees and expenses,,to
persons subpoenaed, whether subpoenaed byr'the Chapter 32-6
commission or by any party to a commission
proceeding. (Ord. 73-44 § 2 (part), 1973). EXAMINATIONS*
32-4.804 Extent and form. (A) Extent. Sections:
t These subpoena powers shall extend only to 32-6.002 Suspension for certain
matters within the commission's lawful positions.
jurisdiction. Committees of the commission shall 32-6.004 Procedure.
not have subpoena powers.
(b) Form. Subpoenas shalt be signed by the 32-6.002 Suspension for;certain positions.
commission's president ..,or secretary. The Whenever the commission determines by a
commission shall elect a vice-president who shall four-fifths' vote of its members that use of the
perform this function in.Ahe president's absence competitive examination process to fill one or
or unavailability. The director of personnel shall more vacancies is impracltical, it may suspend
act as secretary of the commission for this competition and authorize direct appointments
purpose, and his chief subordinate in his thereto; but it shall `annually report these
absence. (Ord. 73-44;§ 2 (part), 1973). instances to the board, giving its reasons
therefor. (Ord. 76-52: prior code § 2416: Ords.
32-4.806 Oaths. Any commissioner, or any 508, 257).
person otherwise so empowered, may administer
oaths to, or take affirmations from, witnesses 32-6.004 Procedure. All examinations shall
before the commission. (Ord. 73-44 § 2 (part), be impartial and shall deal with the duties and
1973). requirements of the :position to be filled. When
oral tests are used, a,:record of the examination,
32-4.808 Enforcement. Except as herein showing the basis of rating, shall be made. The
provided, these subpoena powers shall be board of supervisors at the request of the civil
exercised and enforced in the same manner as is service commission may contract with the
allowed to the board in Article 9 (commench g legislative body in any other city or county,
with Section 25170) of Chapter 1 of Part 2 of with any state department or with any
Division 2 of Title 3 of the Government Code. competent person or agency for the conducting
(Ord. 73-44 § 2 (part), 1973).
*For the statutory provisions regarding qualifications,see Gov.
*For the provisions regarding the subpoena power of the com- C.§ 31107 and § 24001;for the provisions regarding competi-
mission,see Gov.C.§ 31110.2. tive examinations,see Gov.C.§§ 31114 and 31115.
50a (Contra Costa County l i-8o)
34-2,002--34-2,006 PERSONNEL
of competitive examin4tions to ascertain the 342.004 Purpose.* (a) The purposes of this
fitness of applicants fo�`employment and for the division are to:
performance of any Other service in connection (1) Establish formal policies, rules and
with personnel selection and administration.The procedures to provide for the orderly and
commission may All on persons connected with systematic presentation, consideration and
the county serve to draw up,conduct or mark resolution of employer-employee relations
examinations, ld it shall be deemed a part of matters;
the official deities of these persons to act as (2) Promote the improvement of personnel
examiners without extra compensation. (Prior management and relations between the county
code § 2417:',Ord. 325). and its employees;and
(3) Protect the public by assuring, at all
times, the orderly and uninterrupted operation
and services of county government.
(b) These provisions are intended to
Division 34 supplement and implement, and not to conflict
with, the provisions of existing state law as
EMPLOYER- EMPLOYEE expressed in Government Code Sections 3500
RELATIONS* through 3509. (Ord. 70-17 § I (part), 1970).
Chapters: 34-2.006 Construction.** (a) Nothing in
34-2 General Provisions this division shall be construed to deny any
34-4 Definitions person or employee the rights granted by federal
346 Employee Rights and state Iaws.
34-8 County Rights and Representatives (b) The rights, powers and authority of the
3410 Informal Recognition Procedure board in all matters, including the right to
34-12 Formal Recognition Procedure maintain any legal action, shall not be modified
34-14 Representation Process or restricted by this division.
34-16 Impasse Procedures (c) Nothing in this division shall be construed
34-18 Employees Meeting on County Time to modify Government Code Section 3509.
34-20 Use of County Facilities (d) Amendments to this division are subject
34-22 Unfair Practices to consideration as provided in Government
3424 Sanctions Code Section 3507. (Ord. 70-17 § I (part),
34-26 Dues Deduction 1970).
3428 Grievance Procedure
Chapter 34-2
GENERAL PROVISIONS
Sections:
342,002 Title.
34-2.004 Purpose.
34-2.006 Construction,
34-2.002 Title, This division shall be known
as the "employer-employee relations ordinance
of the county of Contra Costa." (Ord. 70-17 § 1
(part), 1970).
*For the statutory provisions regarding relations between pub-
lic employers and public employee organizations,see Gov,C.
§ 3500 ff.,; for the authority to adopt reasonable rules and
regulations for the administration of employer-employee rela-
tions, see Gov. C. § 3507: for the provisions regarding em- *See Gov.C.§ 3500.
ployee association dues,see Gov.C.§ 1157.1 ff. **See Gov.C.§ 3500 ff.,3507.
(Contra Costa County 11-80) 50b
_..
G'.:ANITIONS 34-4.002-x34-4:018
Chapter 34-4 communication for the purpose of presenting or
obtaining views or advising of intended actions.
DEFINITIONS (Ord. 70-17 § 1 (part), 1970).
Sections: 34-4.008 County.* "County" means the
34-4.002 Board. county of Contra Costa, the Contra Costa
34-4.004 Confidential employee. County flood control and water conservation
34-4.006 Consult or consultation. district, and fire protection and other special
34-4.008 County. districts governed by the board. (Ord. 70-17 § 1
34-4.010 Days. (part), 1970).
34-4.012 Department head.
344.014 Dues deduction. 34-4.010 Days. "bays" means calendar
344.016 Employee. days. (Ord. 70-17 § I (part), 1970).
34-4.018 Employee organization.
34-4.020 Employee relations officer. 34-4.012 Department head.
344.022 Fact-finding. "Department head" means the chief
344.024 Grievance. administrative official of a county department
34-4.026 Impasse. either elected or duly appointed as provided by
344.028 Majority representative. law, or the chief administrative official of the
344.030 Management employee. Contra Costa County flood control and water
344.032 Management representative. conservation district or a fire protection district
344.034 Mediation. or other special districts as provided in Section
34-4.036 To meet and confer in good 34-4.008. (Ord. 70-17 § 1 (part), 1970).
faith.
344.038 Proof of employee approval. 34-4.014 Dues deduction.*** "Dues
344.040 Professional employees. deduction" means deduction of employee
34-4.042 Recognized employee organization membership dues from pay checks
organization. of employees with permanent or probationary
344.044 Representation unit. status pursuant to Chapter 34-26. (Ord. 70-17 §
344.046 Representative. I (part), 1970).
34-4.048 Scope of representation.
34-4.050 Supervisory authority. 34-4.016 Employee.**** `Employee"
means any person employed by the county in an
34-4.002 Board. Unless otherwise specially allocated position in the county service, except
provided or required by the context, the those persons elected by popular vote. For the
following terms have the indicated meanings set purpose of this division only, "employee" also
forth in this chapter. includes physicians and dentists contracting with
"Board" means the board of supervisors of the county for their services. (Ord. 73-59 § 1.
the county. (Ord. 70-17 § I (part), 1970). 1973: Ord. 70-17 § 1 (part), 1970).
34-4.004 Confidential employee.* 34-4.018 Employee organization.
"Confidential employee" means an employee "Employee organization" means an organization
who is privy to decisions of county management which includes employees of the county and
affecting employer-employee relations. Once which has as one of its primary purposes
each year the employee relations officer shall representing such employees in their
issue a complete list of confidential employees, employment relations with the county. (Ord.
not exceeding three percent of all allocated 70-17 § 1 (part), 1970).
positions. (Ord. 70-17 § I (part), 1970).
34-4.006 Consult or consultation.**
"Consult or consultation" means oral or written
*See Gov.C.§3501(c).
**See Gov.C. §3501(d).
*See Gov.C.§ 3507.5. ***See Gov.C.§1157-1ff.
**See Gov.C.§3507. ****See Gov.C.§3501(a).
50-1 (Contra Costa County 9-15-73)
S,r/ilyd.�"
34-4.020-34-4.032 PERSONNEi-
34-4.020 Employee relations officer.* conferring in good faith with a majority
"Employee relations officer" means the county representative, or to consult with and inform a
administrator. (Ord. 70-17 § 1 (part), 1970). recognized employee organization. (Ord. 70-17
34-4.022 Fact-finding. "Fact-finding" § 1 (part), 1970).
means the investigation of an issue by an
impartial individual(s) for the purpose of
describing the issues in dispute and stating the
facts and the positions of the parties. (Ord.
70-17 § 1 (part), 1970).
34-4.024 Grievance. "Grievance" means any
real or imagined dispute by one or more
employees concerning the interpretation or
application of policies, procedures or agreements
(including memorandums of understanding) on
matters within the scope of representation (as
defined in this chapter) or on the practical
consequences that decisions on these matters
may have upon an affected employee or
employees. (Ord. 73-32 § 1, 1973: Ord. 70-17 §
I (part), 1970).
34-4.026 Impasse. "Impasse" means a
deadlock in discussions between a majority
representative and the county on any matters
within the scope of representation, or on
whether a matter is within the scope of
representation. (Ord. 70-17 § I (part), 1970).
34-4.028 Majority representative. "Majority
representative" means an employee organization
that has been granted formal recognition by the
board pursuant to Chapter 34-12. (Ord. 70-17 §
I (part), 1970).
34-4.030 Management employee.**
"Management employee" means the county
administrator, assistant county
administrator-director of personnel, assistants to
the county administrator, department heads,
assistant department heads, heads and assistant
heads of departmental divisions, programs or
districts and employees exercising supervisory
authority. (Ord. 70-17 § I (part), 1970).
34-4.032 Management representative.
"Management representative" means any
management or confidential employee
designated by the employee relations officer to
participate in the process of meeting and
*See also § 34-8.012 of this code.
**See Gov.C.3507.5.
(Contra Costa County 9-15-73) 50-2
DEFINITIONS 34-4.034—:x4-4.050
} 34-4.034 Mediation.* "Mediation" means physical, chemical and biological scientists.
( the efforts of an impartial third party, (Ord. 70-17 § 1 (part), 1970).
functioning as an intermediary to assist the
parties in reaching a voluntary resolution of an 34-4.442 Recognized employee
impasse through suggestion, advice, or other organization.* "Recognized employee
ways of stimulating agreement. (Ord. 70-17 § 1, organization" .means an employee organization
(part), 1970). which has been informally recognized by the
board pursuant to Chapter 34-10. (Ord. 70-17 §
34-4.036 To meet and confer in good 1 (part), 1970).
faith.** "To meet and confer in good faith"
:means the process through which representatives 34-4.044 Representation unit.
of a majority representative and the employee "Representation unit" means a group of
relations officer, a management representative, employees, deemed appropriate for
or other representative of the county specifically representation in the employer-employee
designated by the board are mutually obligated relations process, established pursuant to
to personally meet and confer on matters within Chapter 34-12. (Ord. 7017 § 1 (part), 1970).
the scope of representation in order to exchange
freely information, opinions and proposals and 34-4.046 Representative. "Representative"
to endeavor to reach agreement on: means a person with written designation and
(i) Matters within their authority;or authorization by a recognized employee
(2) What they will jointly recommend to the organization to represent it in dealing with the
board on matters within the board's county. (Ord. 70-17 § 1 (part), 1970).
decision-making authority. (Ord. 7017 § I
(part), 1970). 34.4.+048 Scope of representation.**`°Scope
of representation" means all matters relating to
34-4.038 Proof of employee approval. employment conditions and employer-employee
"Proof of employee approval" means evidence relations, including but not limited to wages,
of employee approval to represent employees, to hours and other terms and conditions of
establish a representation unit, or to become a employment, but not including consideration of
majority representative;which may be by: the merits, necessity, or organization of any
(1) Filing a predetermined petition form with service or activity provided by law or executive
signatures executed and dated within forty-five order. (Ord. 7017 § 1 (part), 1970).
days before filing;
(2) Filing employee organization 34-4.050 Supervisory authority.
authorization cards, with signatures executed "Supervisory authority" means authority,in the
and dated within forty-five days before filing;or interest of the employer, to hire, transfer,
(3) Payroll dues deduction evidence, certified suspend, lay off, recall, promote, discharge,
by the county auditor-controller, using the assign, reward or discipline other employees, or
monthly payroll immediately prior to the date responsibly to direct them, or to adjust their
the request or petition is filed. (Ord. 70-17 § I grievances or effectively to recommend such
(part), 1970). action, if the exercise of such authority is not
merely routine or clerical in nature but calls for
34-4.040 Professional employees.*** the use of independent judgment. (Ord. 7017 §
"Professional employees" means employees 1 (part), 1970).
engaged in work requiring specialized .knowledge
and skills attained through completion of a
recognized course of instruction, including, but
not limited to, attorneys, physicians,
professional (registered) nurses, engineers,
architects, teachers, and various types of
*see Gov.C. §3501(e). — —
**See Gov.C.§35(15. **see Gov.C.§3501(b).
***see Gov.C. §3507.3. **See Gov.C. 3504.
51
346.00 -348.012 PER.SONNtL
Chapter 34-6 (3) Necessary to exercise control over county
government operations in the most efficient and
EMPLOYEE RIGHTS economical manner practicable and in the best
interest of all county citizens. (Ord. 70-17 § 1
Sections: (part), 1970).
346.002 Designated.
346.004 Protections. 348.004 Management direction. It is the
exclusive right of the county to direct its
34-6.002 Designated.* Employees have the employees including, but not limited to
right to form, join and participate in the directions:
activities of employee organizations of their own (1) Scheduling work, assigning work, or
choosing for the purpose of representation on all ordering overtime;
matters of employer-employee relations. (2) Classifying positions, establishing and
Employees also have the right to refuse to join revising classification specifications;and/or
or participate in the activities of employee (3) Hiring, promoting, demoting,
organizations, and the right to represent transferring, laying-off, discharging and
themselves individually in their employment disciplining employees. (Ord. 70-17 § 1 (part),
relations with the county. (Ord. 70.17 § 1 1970).
(part), 1970).
34-8.006 Merit system. It is the exclusive
34-6.004 Protections. No person or agency, right of the county to administer the merit
governmental or private, shall interfere with, system as provided in Chapters 32-2 — 32-6.
intimidate, restrain, coerce or discriminate (Ord. 70-17 § 1 (part), 1970).
against an employee because of his exercise of
these rights, which include the rights granted in 348.008 Emergencies. It is the exclusive
Government Code Sections 3502 and 3506. right of the county to take whatever action may
(Ord. 70-17 § 1 (part), 1970). be necessary in an emergency situation. (Ord.
70-17 § 1 (part), 1970).
Chapter 34-8 34-8.010 Management and confidential
employees.* Management employees and
COUNTY RIGHTS AND confidential employees, who choose to remain
REPRESENTATIVES or to become members of an employee
organization which includes as members
Sections: employees who are not management or
34-8.002 Management--Decisions. confidential employees, shall not serve as
348.004 Management direction. representatives of such organization in relations
34-8.006 Merit system. with county management and/or the board on
348.008 Emergencies. matters within the scope of representation,or in
34-8.010 Management and confidential a grievance procedure. (Ord. 70-17 § 1 (part),
employees. 1970).
348.012 Employee relations officer.
34-8.012 Employee relations officer.** (a)
34-8.002 Management — Decisions.**It is Designation: The county administrator is
the exclusive right of the county to make all designated as the employee relations officer for
decisions of a managerial or administrative the board of supervisors on employer-employee
character including, but not limited to decisions: relations matters. He shall be responsible for
(1) On the type, extent and standards of administration of this division, and shall act as
services to be performed; the official county spokesman on
(2) On the methods, means and personnel by employer-employee relations.
which the county's operations and services are (b) Delegation: He is authorized to delegate
to be conducted;and these functions and authorities; and he may
*See Gov.C.§§3502,3503. *See Gov.C.#3507.5.
**See Gov.C.§3504. **See also Ch.2",this code.
52
INFORMAL RECOGNITION PROCEDURE 34-10.002-34-10.012
designate management representatives as he constitution and by-laws;
deems necessary. (Ord. 70-17 § 1 (part), 1970). (7) The designation of two persons, and their
addresses, to whom notice, sent by regular
United States mail, will constitute notice;and
Chapter 34.10 (8) A statement that the organization has no
restriction on membership based on race, color,
INFORMAL RECOGNITION creed, national origin, sex, age or physical
PROCEDURE impairment. (Ord. 70-17 § 1 (part), 1970).
Sections: 34-10.046 Recommendations of employee
3410.002 Request. relations officer. After the employee relations
34-10.004 Contents. officer has verified that the employee
3410.006 Recommendations of employee organization has complied with the requirements
relations officer. in Section 3410.004, he shall promptly
34-10.008 Right to consult. recommend that the board grant informal
34-10.010 Present organizations. recognition to the organization and the board
34-10.012 Changed information. shall grant such recognition within fourteen
days. (Ord. 70-17 § 1 (part), 1970).
34-10.002 Request.* Except employee
organizations heretofore granted payroll 3410.008 Right to consult. An employee
deduction, an employee organization claiming to organization granted informal recognition shall
represent employees of the county and seeking have the right to consult or consultation as
recognition shall file a written request for specified in Section 34-4.006. (Ord. 70-17 § 1
informal recognition with the board, which shall (part), 1970).
be referred to the employee relations officer for
verification of the information required by 34-10.010 Present organizations. Employee
Section 34-10.004. (Ord. 70-17 § 1 (part), organizations presently on dues deduction shall,
1970), if such data is needed by the employee relations
officer, furnish whichever of the above items is
3410.004 Contents.'"* The request shall not already on file with the county. (Ord. 70-17
contain: § 1 (part), 1970).
(1) The name, mailing address (and business
telephone number if any) of the organization; 34-10.012 Changed information. A
(2) A statement whether the organization is a recognized employee organization shall, on
chapter or local of, or affiliated directly or request, furnish to the employee relations
indirectly in any manner with, any regional, officer, in writing, any material changes in the
state, national, or international organization, facts submitted pursuant to this chapter. (Ord.
and if so, the name and mailing address of each 70-17 § 1 (part), 1970).
such other organization;
(3) A list of the names and titles of officers
of the organization; Chapter 34-12
(4) A statement that the organization
includes employees of the county who are FORMAL RECOGNITION PROCEDURE
members, with proof of employee approval
pursuant to Section 34-4.038 (2) and (3), Sections:
showing class title(s) and department(s) where 34-12.002 Petition.
employed; 34-12.004 Action of employee relations
(5) A statement that one of the officer.
organization's primary purposes is 3412.006 Appropriateness of proposed
representation of such employees in their unit.
employer-employee relations with the county; 3412.008 Unit determination.
(6) Current copies of the organization's 3412.010 Majority representation.
*See Gov.C.§3567. 34-110 12 Election procedure.
**See Gov.C.H 3503,3507. 3412.014 Optional verification
procedure.
53 (Contra Costa County 7-80)
34-12.002-34-12.008 PERSONNEL
34-12.015 Assignment of classes to have organized;
units. (4) The extent to which employees have
3412.016 Modification of representation common skills, working conditions,job duties or
units. similar education requirements;
34-12.018 Decertification procedure. (5) The effect of having a county
classification in more than one representation
34-12.002 Petition.* An informally unit;
recognized employee organization may request (6) Professional employees shall not be
formal recognition as a majority representative denied the right to be represented separately
by filing a written petition with the employee from nonprofessional employees by a
relations officer with proof of employee professional employee organization;
approval of at least thirty percent of the (7) Peace officers, as designated in Penal
employees in the proposed representation unit Code Section 830.1, may join or participate in
which shall be clearly defined therein. (Ord. employee organizations which are composed
70-17 § 1 (part), 1970). solely of such peace officers, which concern
themselves solely and exclusively with the
34-12.004 Action of employee relations wages, hours, working conditions, welfare
officer. On receipt of such a petition the programs and advancement of the academic and
employee relations officer shall: vocational training in furtherance of the police
(1) Notify the board and recognized profession, and which are not subordinate to
employee organizations of the petition; any other organization; the board finding that
(2) Post public notice of the petition at this provision is in the public interest. (Ord.
appropriate locations in county buildings;and 70-17 § 1 (part), 1970).
(3) Review the proposed unit to determine if
it is an appropriate one. (Ord. 70-17 § 1 (part), 34-12.008 Unit determination.* (a)
1970)• Intervention: Any employee organization that is
recognized or has requested recognition may
34-12.006 Appropriateness of proposed intervene in the unit determination process if
unit.** (a) Chief Criterion: The employee within twenty-one days of posting of the notice
relations officer shall determine the of the petition the organization furnishes to the
appropriateness of the proposed representation employee relations officer proof of employee
unit by using as a principal criterion the largest approval of thirty percent of the employees in the
feasible grouping of classes, the employees of proposed unit or proof of employee approval of
which have a clear and identifiable community thirty percent of the employees in an alternative
of interest. unit which includes all or part of the employees
(b) Other Criteria: He shall also consider the in the unit originally petitioned for,
following criteria, among others, in making this (b) Review of Appropriateness of Unit: The
determination: employee relations officer shall, within thirty
(1) Which unit will assure employees the days after the period for intervention expires,
fullest freedom in the exercise of rights under review the proposed unit(s) and make a
this division; preliminary determination on the
(2) The effect of the proposed unit on the appropriateness of the unit(s) including units
efficient operation of county services and sound proposed by him.
employer-employee relations, including (c) Meet and Confer: After the time for
compatibility with the organizational structure review has expired, the employee relations
of the county; officer, petitioning employee organization and
(3) The history of employer-employee intervening employee organization(s), if any,
relations in the proposed unit and among other shall meet and confer to see if agreement can be
employees of the county, e.-cept that no unit obtained on the composition of an appropriate
shall be established solely on the basis of the representation unit. Unless otherwise agreed, the
extent to which employees in the proposed unit period for meeting and conferring shall expire
sixty days after the period provided for in
*See Gov.C.§3507.
**See Gov.C.§§3507,3507.3,3508. subsection (b).
*See Gov.C.§ 3507.
(Contra Costs County 7-80) 54
FORMAL RECOGNITION PROCEDURE 34-12.010-34-12:014
(d) Establishment of Unit where Parties be the criteria found in Section 34»12.006, but
Agree: When, after the meet and confer process, the board or arbitrator may consider such other
the parties agree on the composition of the unit, relevant matter as is presented by the parties.
the employee relations officer shall recommend (Ords. 78.71 § 1, 73-32 § 2, 70-17 § 1; prior
that the board confirm the unit as a code § 34-7.11018: see Gov. Code §§ 3507,
representation unit. 3507.1 cp § 3505.2).
(e) Establishment of Unit where Parties
Disagree: When, after the meet and confer 3412.010 Majority representation.* After
process, the parties cannot agree on the the representation unit has been determined, the
composition of an a county shall ascertain if a majority
p appropriate representation representative exists among the employees in the
unit, the matter shall be referred to an impartial unit, by election or by verification procedures,
arbitrator for determination; or if all parties (Ord. 70-17 § 1 (part), 1970).
consent, the matter shall be referred to the
board for determination. 3412.012 Election procedure.* (a) The
(f) Arbitration: Within fourteen days after employee relations officer shall arrange for a
the expiration of the meet and confer process, secret ballot election.
the employee relations officer and employee (b) In an election the name of the petitioning
organization(s) shall try to select a mutually organization and the name(s) of any recognized
acceptable arbitrator who agrees to serve. If the employee organization(s), which within
parties cannot agree,a list of five arbitrators will twenty-one days of the establishment of the
be obtained from the California State representation unit submit proof of employee
Conciliation Service, American Arbitration approval of at least thirty percent of the
Association or some other source mutually employees in the unit, shall appear on the ballot
agreed upon, and each party (beginning by lot) together with the choice of "No Organization."
shall alternatively strike one name from the list (c) The election will be conducted by a
until one name remains, who shall be the neutral party. Employees entitled to vote will be
j arbitrator if he agrees to serve. If he will not those in the representation unit who are
serve, the process shall be repeated until an employed in allocated positions and who were
arbitrator is found. If more than one employee employed in those positions on the first of the
organization is participating in the unit month preceding the date of the sebret ballot
determination process, they, as a group, shall election.
strike one name from the list for each name (d) A majority representative will be selected
struck by the employee relations officer. by a majority of the valid ballots cast if fifty
(g) hoard Determination: If the matter is percent of the eligible employees vote in the
referred to the board, it shall be referred for election.
determination based on the written (e) If none of the choices on the ballot is
presentations and recommendations of the selected as majority representative, a runoff
parties; provided that the board, if it wishes, election shall be conducted between the two
may order the presentation of oral testimony choices receiving the largest number of votes,
and/or oral argument to supplement the written one of which may be "No Organization," and a
presentations and recommendations of the majority representative selected if the criteria in
parties. subsection (d) are met.
(h) Costs: The fees of the arbitrator (f) The employee relations officer shall
(including any per diem expenses, travel and report the results of any secret ballot election to
subsistence expenses), the cost of any hearing the board; and, if an organization has been
room and the cost of preparing the transcript of selected as majority representative, the board
the hearing, if any, for the arbitrator shall be shall acknowledge its formal recognition thereof
borne half by the county and half by the within fourteen days. (Ords. 7871 § 2, 73-72 §
employee organizations participating in the 3, 70-17 § 1; prior code § 34-7.1112: see Gov.
determination of the unit. All other costs and Code § 3507).
expenses shall be borne by the party incurring
them. 34.12.014 Optional verification procedure.*
(i) Criteria: The primary test for determining Instead of the election procediizre, the employee
the appropriateness of a representation unit shall *See Gov.C.§ 3577.
(Contra Costa County 7-80)
34-12.015-34-12.018 PERSONNEL
relations officer may ascertain that a majority 34-12.016 Modification of representation
representative exists among the employees in the units.* If a representation unit has been
unit by verification of payroll dues deduction established, that representation unit shall not be
cards which substantiate that an organization contested for twelve months from the most
has proof of employee approval of at least recent date of determination. Thereafter,
fifty-one percent of the employees in the unit, another recognized employee organization may
in which case the board may formally recognize file a petition during the month of October for
that organization within twenty-one days of the modification of the representation unit and
verification. (Ord. 70-17 § 1 (part), 1970). formal recognition, by submitting proof of
employee approval of at least thirty percent of
34-12.015 Assignment of classes to units, the employees in the proposed modified unit.
(a) Initial Determination: When a new class The same unit determination and election
title is established, the employee relations of- procedures shall be followed as for the initial
ficer shall review the composition of existing establishment of a representation unit and
representation units to determine the appro- determination of a majority representative,
priateness of including some or all of the except that the effective date of modification of
employees in the new class in one or more exist- an established representation unit shall occur on
ing representation units,and within a reasonable July I st after approval for modification,
period of time shall notify all recognized em- provided, however, the board by resolution
ployee organizations of his determination, approving a memorandum of understanding
(b) Final Determination: His determination is modify any of the foregoing provisions. (Orris.
final unless within ten days after notification a 77-73 § 1, 70-17 § I (part), 1970).
recognized employee organization requests in
writing to meet and confer thereon. 34-12.018 Decertification procedure." The
(c) Meet and Confer and Other Steps: He status of an organization as majority
shall meet and confer with such requesting representative may be contested by employees
organizations (and with other recognized em- of the unit after twelve months have elapsed
ployee organizations where appropriate) to seek from the most recent date of formal recognition
agreement on this matter within sixty days after by submission of a petition during the month of
the ten-day period in subsection (b), unless October with proof of employee approval of at
otherwise mutually agreed. Thereafter, the pro- least thirty percent of the employees in the
cedures in cases of agreement and disagreement, representation unit. The majority representative
arbitration referral and expenses,and criteria for shall be decertified if the results of a secret
determination shall conform to those in subsec- ballot election show that employees of the unit
tions (d) through (i) of Section 34-12.008. no longer desire representation by that
(d) Assignment of CETA Classifications: organization, as indicated by the vote of "No
CETA (U.S. Comprehensive Employment Train- Organization," or another recognized
ing Act) classifications established before July 1, organization, as specified in the voting criteria
1979, shall be assigned to a representation unit cited in Section 34-12.012(d). Decertification of
when: a majority representative shall not negate the
(1) He determines that the classification is terra of an existing memorandum of
appropriate for the representation unit as pre- understanding between the county and that
scribed in Section 34-12.006;and organization; provided, however, the board by
(2) More than fifty percent of the incum- resolution approving a memorandum of
bents in that classiifeation submit to him understanding modify any of the foregoing
evidence of membership in the recognized em- provisions. (Ord. 77-73 § 2, 1977: 70-17 § I
ployee organization representing the representa- (part), 1970).
tion unit. (Ord. 79-102, 73-32 § 4: see Gov. C.
§§ 3507, 3507.1, :p. § 3505.2).
*see Gov.C.§ 3507.
**See Gov.C.§ 3507.
(Contra Costa County 7-86) 56
REPRESENTATION PROCESS 3444.002 .
Chapter 34-14
i
REPRESENTATION PROCESS
Sections.
34-14.002 Timetable for requests.
34-14.004 Notice.
34-14.006 Meet to confer—Memorandum
of understanding.
34-14.008 Other consultation.
34-14.010 Meet and confer on layoffs.
34-14.002 Timetable for requests.**
Requests from recognized employee
organizations for changes in salaries, wages,
fringe benefits and other Ince terms and
conditions of employment for employees
generally shall be submitted to the employee
relations officer, during a specified period
determined annually by the board after
56.1 (Contra Costa County 7-80)
IMPASSE PROC"T'D JRES 34-14.004--34-16.008
consultation between the employee relations 34-14.010 Meet and confer on"
layoffs.
officer and recognized employee organizations, When it appears to the department head and/or
so that proposals can be properly considered employee relations officer that the board may -
before the proposed county budget is submitted tape action which will result in the layoff of
to the board. (Ord. 70-17 § I (part), 1970). employees in a representation unit, the
employee relations officer shall notify the
34-14.004 Notice.* (a) Right: Recognized majority representative of the possibility of such
employee organizations shall, except in cases of layoffs and shall meet and confer with it
emergency, have the right to reasonable notice regarding the implementation of the action,
of any ordinance, rule, resolution or regulation (Ord. 73-32 § 5, 1973).
directly relating to matters within the scope of
representation proposed to be adopted by the
board, or boards and commissions designated by Chapter 34-16
the board, and to meet with the body
considering the matter. IMPASSE PROCEDURES
(b) Notice: The listing of an item on a public
agenda in a reasonably descriptive way, or the Sections:
mailing of a copy of a proposal at least 34-16.002 Last resort.
seventy-two hours before the item will be heard, 34-16.003 Mediation.
or the delivery of a copy of the proposal at least 34-16.006 Privacy.
twenty-four hours before the item will be heard, 34-16.008 Fact finding,
shall constitute notice. 34-16.010 Selection.
(c) Emergency: In cases of emergency when 34-16.012 Instructions.
the board, or boards and commissions 34-16.014 Confidentiality,
designated by the board, determines that it must 34-16.016 Meeting and conferring.
act immediately without such notice or meeting, 34-16.018 Submission to board.
it shall give such notice and opportunity to meet 34-16.020 Cost.
l as soon as practicable after its action. (Ord.
70-17 § I (part), 1970). 34-16.002 Last resort. Impasse procedures
shall be used only when all other attempts :at
34-14.006 Meet to confer -- Memorandum reaching an agreement through meeting and
of understanding." Majority representative(s) conferring in good faith have been unsuccessful.
shall be entitled to meet and confer in good (Ord. 70-17 § I (part), 1970).
faith for employees in their representation units.
If agreement is reached, a memorandum of 3416.004 Mediation.* When an impasse has
understanding shall be prepared and signed by been reached, the parties may mutually agree to
the employee relations officer and by an request the assistance of a mediator from the
authorized representatives) of the majority California State Conciliation Service or any
representative(s) and then submitted jointly to other source mutually agreed upon. (Ord. 70-17
the board for final action. (Ord. 70-17 § I § I (part), 1970).
(part), 1970).
34-16.006 Privacy.* All mediation shall be
3414.008 Other consultation.*** This private. The mediator shall make no public
process shall not preclude other recognized recommendations nor take any public position
employee organizations or individuals from concerning the issues. (Ord. 70-17 § I (part),
consulting with a management representative on 1970).
the same matters, but any action taken by a
management representative shall not be 34-16.008 Fact finding. If an impasse
inconsistent with terms of any memorandum of continues after mediation, the parties may
understanding covering such employees. (Ord. mutually agree to request the assistance of a
70-17 § I (part), 1970). fact-finder or fact-finding board of riot more
*See Gov.C. §3504.5.
**See Gov.C. H 3505,3505.1.
**See Gov.C.3502,3507. *See Gov.C.§3505.2.
57 (Contra Casts Count} 9-15-7 3)
34-16.010-3418.004 PERSO, _ EL
than three members. (Ord. 70-17 § I (part), Chapter 34-18
1970).
EMPLOYEES MEETING ON
34-16.010 Selection. (a) Single Fact-Finder: COUNTY TIME
A single fact-finder shall be selected by mutual
agreement of the parties. If the parties cannot Sections:
agree, a list of seven fact-finders shall be 34-18.002 Employees.
obtained from the California State Conciliation 34-18.004 Organization representatives.
Service, the American Arbitration Association or
some other source mutually agreed upon by the 34-18.002 Employees.* As heretofore
parties, and each party (beginning by lot) shall authorized, county employees shall be allowed
alternatively strike one name from the list until to attend meetings held by county agencies
only one name remains. during regular working hours on county time:
(b) Three-Man Board: When a three-man (1) If their attendance is required at a
fact-finding board is desired, each party shall specific meeting;
select one member and these two shall then (2) If their attendance is sought by the
select the third board member who will be the hearing officer for presentation of testimony or
chairman. (Ord. 70-17 § 1 (part), 1970). other reasons,
(3) For meetings required for settlement of
34-16.012 Instructions. The parties shall grievances filed pursuant to the county grievance
instruct the fact-finder on the specific facts they policy;
want ascertained and the specific issues on (4) If they are designated as a union shop
which they want his report. (Ord. 70-17 § I steward or member representative,in which case
(past), 1970). they may utilize a reasonable time at each level
of the proceedings to assist an employee in
34-16.014 Confidentiality. The fact-finder's processing a grievance;
findings and report shall be confidential, (5) If they are designated as spokesman or
initially, and shall be submitted directly to the representative of a recognized organization. in
parties concerned. (Ord. 70-17 § 1 (part), 1970). which case they make representations or
presentations at meetings or hearings on wages.
34-16.016 Meeting and conferring. The salaries and working conditions; provided in
parties shall attempt to reach an agreement by each case (except legally required attendance)
meeting and conferring in good faith on the that advance arrangements for time away from
basis of the fact-finder's findings and report. the employee's work station or assignment are
(Ord. 70-17 § 1 (part), 1970). made with department head, and that the
county agency calling the meeting is responsible
34-16,018 Submission to board. If the for determining that the attendance of particular
parties have not reached an agreement after employee(s) is required. (Ord. 70-17 § 1 (part),
seven days or a mutually agreed later date, they 1970).
shall submit their positions on the unresolved 34-18.004 Organization representatives.* In
issues, with a copy of the fact-finder's findings addition, official representatives of a recognized
and report, to the board for determination. employee organization(s) shall be allowed time
(Ord. 70-17 § 1 (part), 1970). off on county time for meetings during regular
34-16.020 Cost. The cost of mediation and working hours when formally meeting and
fact-finding proceedings shall be divided one-half conferring in good faith or consulting with tile
to the county and one-half to the majority employee relations officer or other management
representative(s). (Ord. 70-17 § 1 (part), 1970). representatives) on matters within the scope of
representation; provided that the number of
such representative(s) shall not exceed two
without prior approval of the employee relations
officer, and that advance arrangements for the
time away from his work station or assignment
are made with the department head. (Ord. 70-17
§ I (part), 1970).
(Contra Costa County 9-15-73) 58 *See Gov.C, § 3505.3.
USE OF COUNTY FA. ILITIES 34-20.002--34-20.01
Chapter 34-20 in public portions of offices in which the
employee organization has members; provided
USE OF COUNTY FACILITIES that the information displayed is within the
scope of representation, and that the employee
Sections: organization appropriately posts and removes
34-20.002 Meeting areas. the information.
3420.004 Scheduling and conduct. (b) The county through the employee
34-20.006 Equipment. relations officer reserves the right to remove
34-20.008 Bulletin boards. objectionable materials after consultation with
34-20.010 Access to work areas. the employee organization which posted it.
34-20.012 Distributing literature. (Ord. 70-17 § I (part), 1970).
34-20.002 Meeting areas.* (a) Recognized 34-20.010 Access to work areas.*
employee organizations shall be allowed the use Representative(s) of a recognized employee
of areas normally used for meeting purposes for organization shall be allowed access to work
meeting of county employees during nonwork locations in which the organization has
hours when: membership, for the following purposes:
(1) Such space is available and is scheduled (1) To post literature on bulletin boards;
twenty-four hours in advance; (2) To arrange for use of a meeting room,
(2) There is no additional cost to the county; (3) To leave and/or distribute a supply of
(3) It does not interfere with normal county literature as permitted by Section 34-20.012;
operations; (4) To represent an employee on a grievance:
(4) Employees in attendance are not on duty and/or
and are not scheduled for duty;and (5) To contact a union officer on a matter
(5) The meetings are open and on matters within the scope of representation; provided
within the scope of representation. that advance arrangements (including disclosure
(b) Recognized employee organizations of which of the above purposes is the reason for
representing fire district employees shall be the visit) are made with the departmental
allowed the use of fire station areas normally representative in charge of the work area, and
used for meeting purposes. (Ord. 70-17 § I that the visit does not interfere with county
(part), 1970). business. (Ord. 73-32 § 6,1973: Ord. 70-17 § I
(part), 1970).
34-20.004 Scheduling and conduct.* The
administrative official responsible for the space 34-20.012 Distributing literature.*
shall establish and maintain scheduling of such Representative(s) of a recognized employee
uses. The scheduling recognized employee organization (who, if a county employee, shall
organization shall maintain proper order at the be off duty)shall be permitted to:
meeting, and see that the space is left in a clean (1) Place a supply of employee organization
and orderly condition. (Ord. 70-17 § 1 (part), literature at specific locations in county
1970). buildings arranged through the employee
relations officer;and
34-20.006 Equipment.* The use of county (2) Distribute employee organization
equipment (other than items normally used in literature in work areas (except work areas not
the conduct of business meetings, such as desks, open to the public), if the nature of the
chairs, ashtrays and blackboards) is strictly literature and the proposed method of
prohibited, even though it may be present in the distribution are compatible with the work
meeting area. (Ord. 70-17 § I (part), 1970). environment and work in progress. Approval of
the nature of the literature and the method of
3420.008 Bulletin boards.* (a) Recognized the distribution shall be obtained in advance
employee organizations shall be allowed to use from the departmental representative in charge
designated portions of bulletin boards or display of the work area. (Ord. 73-32 § 7, 1973: Ord.
areas in public portions of county buildings, or 70--17 § 1 (part), 1970).
*ace Gov.C.§ 3507. *See Gov.C. § 3507.
59 (Contra Costa Count> 9-15-73}
34-22.002--34-24.008 PERSO NAEL
Chapter 34-22 Chapter 34-24
UNFAIR PRACTICES SANCTIONS
Sections: Sections:
34-22.002 County. 34-24.002 Exclusive.
34-22.004 Employee organizations. 34-24.004 Against employee
organizations.
34.22.002 County. It is an unfair 34-24.006 Notice.
employer-employee relations practice for the 34-24.008 Appeal.
county to:
(1) Interfere with, restrain or coerce 34-244.002 Exclusive. Notwithstanding the
employees in the exercise of the rights provisions of Title 1, the sanctions and appeals
recognized or granted in this division; provided in this chapter are the only sanctions
(2) Dominate or interfere with the formation and appeals provided by county ordinance or
of any employee organization or interfere with regulation for violations of the provisions of this
selection of a majority representative; division. (Ord. 70-17 § 1 (part), 1970).
(3) Contribute financial support to any
employee organization;or 34- 24 . 004 Against employee
(4) Refuse to meet and confer in good faith organizations.* The employee relations officer
(with representatives of formally organized may, after reasonable notice, impose sanction(s)
employee organizations on matters within the for unfair employer-employee relations
scope of representation), or to refuse to consult practices, including but not limited to
with informally recognized employee suspension or revocation of privileges provided a
organizations on matters within the scope of recognized employee organization, such as does
representation. (Ord. 70-17 § I (part), 1970). deduction. (Ord. 70-17 § I (part), 1970).
34-22.004 Employee organizations. It is an 34-24.0106 Notice. The employee relations
unfair employer-employee relations practice for officer shall immediately give the employee
employee organizations or their representatives organization written notice of the sanction(s)
or members to: imposed. (Ord. 70-17 § I (part), 1970).
(I) Interfere with, restrain or coerce
employees in the exercise of the rights 34-24.008 Appeal. Sanctions invoked by
recognized or granted in this division; the employee relations officer may be appealed
(2) Coerce, attempt to coerce or discipline to the board within ten days of the mailing of
any member of an organization so as to hinder his notice, in which case the sanctions shall not
or impede the performance of his duties; be in force until the appeal has been ruled upon
(3) Discriminate against any employee with by the board. Such appeals shall be heard and
regard to the terms or conditions of membership decided at the next regular board meeting or an
because of race, color, creed, sex or national earlier special meeting. (Ord. 70-17 § I (part),
origin; 1970).
(4) Refuse to consult, or meet and confer in
good faith, with management representatives on
matters within the scope of representation; or Chapter 34-26
(5) Initiate, engage in, cause, instigate,
encourage or condone a work stoppage of any DUES DEDUCTION
kind or other disruptive activities which are
detrimental to the conduct of county business Sections:
and services. (Ord. 70-17 § 1 (part), 1970). 34-26.002 Majority representatives.
34-26.004 New employees in unit.
34-26.006 Other employees.
34-26.008 Authorization.
*See Gov.C. §3507.
(Contra Costa County 9-15-73) 60
GRIEVANCE PRO( DUKE 4-26.002-34-28.002
3426.010 Amount. Chapter 34-28
34-26.012 Indemnity and refund.
GRIEVANCE PROCEDURE
34-26.002 Majority representatives.* Only
majority representatives may have dues Sections:
deduction; but any other recognized employee 34-28.002 General.
organization with dues deduction on February 34-28.004 Fact finding.
26, 1970, continues to have the privilege subject 34-28.006 Lowest level.
to this chapter. (Ord. 70-17 § 1 (part), 1970). 34-28.008 Second level (optional).
34-28,0110 Departmental level.
34-26.004 New employees in unit.** The 34-28.0112 Appeal to employee relations
majority representative has the exclusive officer.
privilege of dues deduction for new members 3428.014 Appeal from employee relations
recruited in its unit, (Ord. 70-17 § 1 (part), officer.
1970). 34-28.016 Arbitration.
34-28.018 Board determination.
34-26.006 Other employees.** Any 3428.020 Time limits waiver.
recognized employee organization with dues
deduction privilege (pursuant to Section 34-28.002 General. (a) Initial Presentation:
34-26.002) may have dues deduction from The initial (or lowest level) presentation of a
employees not in any representation unit. (Ord. grievance shall be to the immediate supervisor of
70-17 § 1 (part), 1970). the employee claiming to have a grievance, and
it may be made either orally or in writing. If
34-26.008 Authorization.* Dues deduction made in writing the written grievance shall
is based on the employee's voluntary written comply with subsection (b)'s requirements for a
authorization. The authorization continues until formally presented grievance,
the employee's county employment is (b) Formal Presentation: The formal
terminated or until he cancels it in writing, but presentation of a ,grievance shall be written and
the board by resolution may restrict to certain shall state the circumstances over which the
periods an employee's right to cancel his grievant claims to be aggrieved, how the
authorization. (Ords. 74-50 § 2, 1974, 70-17). interpretation, application or practical
consequences of a policy, procedure or
34-26.010 Amount.* The dues deduction agreement is affecting him to his detriment,and
(for employee organization membership) shall the redress he seeks.
be for a specified amount and uniform as (c) Notice: The official with whom a formal
between employee members of the organization, grievance is filed by a grievant, who is included
(Ord. 70-17 § 1 (part), 1970). in a representation unit but is not represented
by the majority representative, shall give the
34-26.012 Indemnity and refund. (a) majority representative a copy of the formal
Employee organizations who have or achieved presentation.
the dues deduction privileges shall indemnify, (d) Time Limit: Grievances must be filed
defend and hold the county harmless against any within thirty days of the incident or occurrence
claims made and against any suit instituted about which the employee claims to have a
against the county on account of dues grievance.
deduction. (e) Copies: A copy of each written
(b) Such an employee organization shall communication on a grievance shall be filed with
refund to the county any amounts paid to it in the director of personnel for record purposes.
error upon presentation of supporting evidence. (f) Effect of a Grievance: The making or
(Ord. 70-17 § 1 (part), 1970). filing of a grievance shall not prevent the
county, a department head, a departmental
supervisor or other authorized person from
taking action deemed appropriate, nor shall it
*See Gov.CM 1157.1 ff.,8507. have the effect of Suspending action previously
**See Gov.C.§3507. taken even though the action may involve or be
60.1 (Contra Costa County 9-10-74)
34-28.004--34-28.016 PEI;- ,JNNEL
a part of the subject matter of the grievance. 34-28.010 Departmental level. A grievance
(Ord. 73-32 § 8 (part), 1973). which is not settled at a lower level may, within
seven days of the decision of the supervisor or .,.
34-28.004 Fact finding. (a) Upon the filing second level management representative
of a grievance appeal at the second level (whichever is appropriate), be appealed in
(optional) or departmental level, an impartial writing to the department head, and if so
fact-finding team of two persons shall be appealed the grievance, unless previously
selected. The grievant shall select one member of formally presented, shall be presented as
the team and the department head shall select provided in subsection (b)of Section 34-28.002.
the other member of the team from a list The department head or his departmental
established by the employee relations officer. representative authorized to make a final
(b) Investigation and Report: The departmental decision shall attempt to settle the
fact-finding team shall promptly investigate the grievance, and if the grievance is not settled shall
facts pertinent to the grievance and shall report reply in writing within seven days after receipt
in writing to the parties, but only on facts of the fact-finders' report. If a fact-finders'
agreed to by both fact-finders. The report shall report had previously been prepared, he shall
become a part of the record of the grievance. reply within seven days after receipt of the
(c) Waiver: Where the parties (grievant and written appeal. (Ord. 73-32 § 8 (part), 1973).
management) stipulate in writing that the formal
grievance states the facts, those facts shall 34-28.012 Appeal to employee relations
become the facts of record for the grievance officer. A grievance which is not settled at the
and the fact-finding procedure provided for departmental level may be appealed in writing,
herein shall be waived. (Ord. 73-32 § 8 (part), within seven days from receipt of the
1973). department's written reply, to the employee
relations officer, and if so appealed he shall try
34-28.006 Lowest level. An attempt shall be to settle it and shall reply in writing within
made to settle all grievances on an informal basis fourteen days. (Ord. 73-32 § 8 (part), 1973).
by discussion between the immediate supervisor
or other appropriate supervisor and the 34-28.014 Appeal from employee relations
employee and/or his representative as soon as officer. A grievance which is not settled by the
practicable; and if such a meeting cannot be employee relations officer may be appealed in
arranged informally, it shall be held within two writing for final determination to either the
working days after submission to the immediate board or an arbitrator. The written notice of
supervisor of a written request for such a appeal must be filed with the employee relations
meeting. (Ord. 73-32 § 8 (part), 1973). officer within seven days of the receipt of his
written reply and shall state the grievant's choice
34-28.008 Second level (optional). (a) A whether the board or an arbitrator is to make
grievance which is not settled at the lowest level the final decision,otherwise the board shall hear
may be appealed to a second level management and decide. (Ord. 73-32 § 8 (part), 1973).
representative designated by the department
head. The appeal shall be submitted within seven 34-28.016 Arbitration. If the grievant
days after the decision of the supervisor, and if selects arbitration the following shall apply:
so appealed the grievance shall be presented as (1) Selection: Within fourteen days after
provided in subsection (b) of Section 34-28.002. receipt of the notice of appeal, the employee
The second level management representative relations officer and the grievant(s)shall proceed
shall attempt to settle the grievance, and if the pursuant to Section 34-12.008(f), mutatis
grievance is not settled shall reply in writing mutandis.
within seven days after receipt of the (2) Evidence: Neither party shall be
fact-finders'report. permitted to assert in the arbitration
(b) The provisions of this section apply in proceedings any fact contrary to the
any department while the department head has fact-finders' report or written stipulation or any
so notified the employee relations officer in evidence which had not been submitted to the
writing specifying the second level management other party during the prior levels of the
representative(s) in his department. (Ord. 73-32 grievance procedure.
§ 8 (part), 1973).
(Centra Costa County 9-14-74) 60-2
bti,/rfr�