SECTION 181

EMPLOYER-EMPLOYEE RELATIONS POLICY

OF THE COUNTY OF SANTA CRUZ

181.1 GENERAL

A. Title. This resolution shall be known as the Employer-Employee

Relations Policy of Santa Cruz County. (Res. 327-70)

B. Purpose. The purpose of this policy is to promote full communi-

cation between the County and its employees by providing a rea-

sonable method of resolving disputes regarding wages, hours, and

other terms and conditions-of employment between the County and

its employees and their employees' organizations. It is also the

purpose of this policy to promote the improvement of personnel

management and employer-employee relations within the County

government by providing a uniform basis for recognizing the right

of County employees to join employee organizations of their own

choice and to be represented by such organizations in their em-

ployment relationships with the County. Nothing contained herein

shall be deemed to supersede the provisions of existing state law

or existing ordinances and civil service rules establishing and

regulating the County's civil service system. Instead, this

resolution is intended to strengthen the civil service system and

other methods of administering employer-employee relations by

establishing uniform and orderly methods of communications be-

tween employees and the County government. (Res. 327-70; Gov

Code 3500)

C. Construction.

1. Nothing in this resolution shall be construed to deny any

person or employee the rights granted by Federal and State

laws.

2. The rights, powers and authority of the Board in all mat-

ters, including the right to maintain any legal action,

shall not be modified or restricted by this resolution.

3. Nothing in this resolution shall be construed to modify

Government Code Section 3509.

4. Amendments to this resolution are subject to consideration

as provided in Government Code Section 3507.

5. If a memorandum of understanding contains any provision

which conflicts with this policy, then that provision will

supersede the conflicting section of this policy for the

term of the agreement.

Code 3500, 3507)

Personnel Regulations Section 181 - Page 1

SECTION 181.2 DEFINITIONS

181.2 DEFINITIONS

A. General. Unless otherwise specifically provided, the following

terms have the meaning indicated when used in connection with

this policy.

1. BOARD shall mean the Board of Supervisors of the County of

Santa Cruz. (Res. 32-7-70)

2. CONFIDENTIAL EMPLOYEE means an employee who is privy to

decisions of County management affecting employer-employee

relations. Once each year the Employee Relations Officer

shall issue a complete list of confidential employees and

shall meet with effected employee organizations prior to

implementation. (Res. 327-70., Gov Code 3507.5)

3. CONSULT or CONSULTATION means oral or written communication

for the purpose of presenting and obtaining views or advis-

ing of intended actions on matters within the scope of rep-

resentation. (Res. 327-70., Gov Code 3507)

4. COUNTY means the County of Santa Cruz.

(Res. 327-70; Gov Code 3501c)

5. DAY means calendar day. (Res. 327-70)

6. DEPARTMENT HEAD means a person who is either elected or duly

appointed by law as the principal employee of a department

or agency of the County. (Res. 327-70)

7. DUES DEDUCTION means deducting of employee organization

membership dues from pay checks of regular County employees

pursuant to State law and County regulations.

8. EMPLOYEE means any person employed by the County in a budg-

eted position in the County service except those persons

elected by popular vote. (Res 327-70; Gov Code 3501d)

9. EMPLOYEE ORGANIZATION means an organization which includes

employees of the County and which has as one of its primary

purposes representing such employees in their employment

relations with the County. (Gov Code 3501a)

10. EXCLUSIVE REPRESENTATION means an employee organization

recognized pursuant to Section 181.8 D as the only organiza-

tion to represent all employees in a representation unit for

employer-employee relation purposes. (Res. 327-70; Gov Code

3307)

11. FACT FINDING shall mean the investigation of an impasse by

an impartial third party for the purpose of describing the

issues in dispute stating the positions of the parties,

Personnel Regulations Section 181 - Page 2

making findings of fact on issues in dispute and making

recommendations for settlement of the dispute. (Res.

327-70)

12. GRIEVANCE means a dispute by an employee concerning a man-

agement interpretation or application of regulations or

policies within the scope of representation. In the absence

of a specific grievance procedure in a memoranda of under-

standing, the procedure as outlined in this resolution shall

apply.

13. IMPASSE means a deadlock in discussion between a recognized

employee organization and the County on any matter within

the scope of representation, or on whether a matter is with-

in the scope of representation. (Res. 327-70)

14. MANAGEMENT EMPLOYEE means an employee who is engaged in

developing, implementing or recommending County policy,

including but not limited to:

a. Board of Supervisors and County officers.

b. Department heads and assistant department heads of all

departments or agencies.

c. Staff assistants who recommend or otherwise signifi-

cantly affect County or departmental policy.

d. Second level supervisors of above with responsibility

for directing the work of subordinates through lower

level supervisors, and who recommend, implement, or

otherwise significantly affect departmental policy.

e. First level supervisors and others with program respon-

sibilities over a specialized unique area of work and

who are involved in implementation, recommendation or

other responsibility which significantly affects de-

partmental policy.

This definition is intended to maintain the level and types

of classifications on the list of management positions in

effect on the date this policy was established and adopted.

(Res. 327-70; ref. Gov Code 3507.5)

15. MANAGEMENT REPRESENTATIVE means the Employee Relations Offi-

cer or any person duly authorized by the Board of Supervi-

sors to represent the Employee Relations Officer in the

process of meet and confer or other matters of mutual con-

cern.

16. MEDIATION means the efforts of an impartial third party

functioning as an intermediary to assist the parties in

reaching a voluntary resolution of an impasse through inter-

pretation, suggestion and advice. (Res. 327-70., Gov Code

3501e)

17. MEET AND CONFER IN GOOD FAITH means the process through

which representatives of a recognized employee organization

and the Employee Relations Officer, or other representative

Personnel Regulations Section 181 - Page 3

of the County specifically designated by the Board are mutu-

ally obligated to personally meet and confer on matters

within the scope of representation in order to exchange

freely information, opinions and proposals and to endeavor

to reach agreement on: (a) matters within their authority;

or (b) what they will jointly recommend to the Board on

matters within the Board's decision making authority. (Res.

327-70; Gov Code 3505)

18. NEGOTIATE means the process by which representatives of a

recognized employee organization and the Employee Relations

Officer, or other management representative, meet a reason-

able number of times and confer in good faith in an effort

to agree upon joint recommendations for presentation to the

Board of Supervisors regarding matters which are within the

scope of negotiations and which are also within the the

Board's decision making authority. When appropriate, propos-

als and counter-proposals may be used to resolve difference

in an effort to avoid an impasse. This process does not

obligate either party to accept a proposal or make a compro-

mise. (Res. 327-70)

19. PROOF OF EMPLOYEE APPROVAL means approval by employees to

seek to obtain registration as an employee organization, to

seek to modify a representation unit, or to seek to obtain

certification or decertification of a recognized employee

organization, by means of any one or any combination of the

following: (1) signed and dated signatures on a predeter-

mined petition form, (2) signed and dated employee predeter-

mined authorization cards; and/or (3) payroll dues deduction

for regular employees using the payroll period immediately

prior to the date the request or petition is filed. For

purposes of (1) and (2) above, only signatures of employees

currently employed in regular positions within the proposed

representation unit on the date the petition or request is

filed and whose signatures have been executed within ninety

(90) days prior to the date the petition is filed may be

used as evidence of employee approval.

20. REGISTERED EMPLOYEE ORGANIZATION means an employee organiza-

tion which is registered by the Employee Relations Officer

as provided in Section 181.6 of this resolution. (Gov Code

3501b)

21. RECOGNIZED EMPLOYEE ORGANIZATION means a registered employee

organization which the Employee Relations Officer has for-

mally certified as recognized in accordance with Section

181.8 of this subsection. (Res. 327-70; Gov Code 3507)

22. REPRESENTATION UNIT means a group of regular employees in

position classifications deemed appropriate for representa-

tion, as established in this resolution. (Res. 327-70)

Personnel Regulations Section 181 - Page 4

23. REPRESENTATIVE means a person who is authorized and designed

in writing by a recognized employee organization to repre-

sent it in dealing with the County. (Res. 327-70)

24. SCOPE OF REPRESENTATION means all matters relating to em-

ployment conditions and employer-employee relations includ-

ing but not limited to wages, hours, and other terms and

conditions of employment, but not including consideration of

the merits, necessity, or organization of any service or

activity provided by law or executive order.

The scope of representation shall include only those matters

that affect the employees within the representation unit,

and shall exclude any subject preempted by Federal or State

law. (Res. 327-70; Gov Code 3504)

25. SUPERVISORY CLASSIFICATION means a position classification

in which incumbents exercise or have the authority to effec-

tively recommend in one or more of the following:

a. hiring or participating in the hiring decision process

in a meaningful way, such as interviewing, and accept-

ing, rejecting or selecting applicants;

b. promotion, compensation or transfers;

c. whom and how work and overtime shall be assigned and

distributed;

d. demotion, dismissal, suspension or lay off;

e. scheduling and approval of changes;

f. warnings or taking other personnel actions;

g. performance evaluation of subordinate employees;

h. review and attempt to resolve grievances for the em-

ployer.

SECTION 181.3 EMPLOYEE RIGHTS

Section 181.3 Employee Rights

A. Rights. Except as otherwise provided by Federal or State law and

this resolution, County employees shall have the right to form,

join and participate in the activities of employee organizations

of their own choice for the purpose of representation on all

matters of employee-employer relations. County employees shall

also have the right to refuse to join or participate in the ac-

tivities of employee organizations, and shall have the right to

represent themselves individually in their employment relations

with the County.* (Res. 327-70; Gov Code 3502, 3503)

*Also see 181.1OD

B. Protection. No person, organization., agency, governmental or

private, shall interfere with, restrain, coerce, or discriminate

against an employee because of his/her exercise of these rights,

which include the rights granted under Government Code Section

3502 and 3506. (Res. 327-70., Gov Code 3502, 3506)

Personnel Regulations Section 181 - Page 5

SECTION 181.4 COUNTY RIGHTS AND REPRESENTATIVES

181.4 County Rights and Representatives

A. Management Decisions. It is the exclusive right of the County to

make all decisions of a managerial or administrative character

including, but not limited to decisions:

1. On the mission of its constituent departments, agencies,

commissions and boards; and

2. On the type, extent and standards of service to be per-

formed; and

3. To determine the methods, organization, means and personnel

by which the County's operations and services are to be

conducted; and

4. To determine the methods and standards of selection for

employment, promotion, transfer and assignment; and

5. Necessary to exercise control over County government opera-

tions in the most efficient and economical manner practica-

ble and in the best interest of all citizens of the County.

(Res. 327-70, Gov Code 3504)

B. Management Direction. It is the exclusive right of the County to

direct its employees including, but not limited to directions:

1. Scheduling work, assigning work, or ordering overtime; and

2. Classifying new and existing positions, establishing and

revising class specifications; and

3. Hiring, promoting, demoting, transferring, laying off, dis-

charging or disciplining, assigning or reassigning employ-

ees. (Res. 327-70; Gov Code 3504)

C. Merit System. It is the exclusive right of the County to admin-

ister the merit system as provided in Title 4 of the County Ordi-

nance.

D. Emergencies. It is the exclusive right of the County to take

whatever action may be necessary in an emergency situation as

defined in County Code Section 5.15.020. (Res. 327-70; Gov Code

3504.5)

E. Management and Confidential Employees.

1. Management employees shall not represent any employee organ-

ization, which includes as members employees who are not

management employees, in relations with the County on mat-

ters within the scope of representation or in a grievance

procedure.

Personnel Regulations Section 181 - Page 6

2. Confidential employees shall not represent any employee

organization, which includes as members employees which are

not confidential, in relations with the County on matters

within the scope of representation or in a grievance proce-

dure. (Gov Code 3507.5)

F. Employee Relations Officer.

1. Designation. The County Administrative Officer is hereby

designated the Employee Relations Officer for the Board of

Supervisors on employer- employee relation matters. He/she

shall be responsible for administration of the provisions of

this resolution, and shall act as the official County

spokesperson on employer-employee relations. He/she shall be

responsible for meeting and conferring in good faith regard-

ing matters within the scope of representation with repre-

sentatives of recognized employee organizations and to con-

sider such presentations as are made by the employee organ-

ization on behalf of its members.

2. Delegation. The Employee Relations Officer may delegate

these functions and authorize as he/she deems necessary,

unless otherwise provided herein.

3. Joint Meet and Confer. The Employee Relations Officer may

request that two or more recognized employee organizations

meet and confer with him/ her at the same time to discuss

similar or related issues. (Res. 327-70)

SECTION 181.5 RIGHTS OF RECOGNIZED EMPLOYEE ORGANIZATIONS

181.5 Rights of Recognized Employee Organizations.

Recognized employee organizations shall have the right to represent

their members in their employment relations with the County.

Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for the dismissal of individuals from membership. Nothing in this section shall prohibit any employee from appearing in his own behalf in his employment relations with the County.

Employee organizations shall permit membership without regard to race, color, religion, age (over 18), disability, medical condition (cancer-related or genetic characteristic), national origin, ancestry, creed, sex, gender, marital status, sexual orientation, veteran status or pregnancy. (Res. 327-70, Gov Code 3502, 3503, 3506)

SECTION 181.6 REQUIREMENTS FOR REGISTRATION OF EMPLOYEE ORGANIZATIONS

181.6 Requirement for Registration of Employee Organizations.

A. Request. An employee organization claiming to represent County

employees and seeking registration or recognition shall file a

Personnel Regulations Section 181 - Page 7

written request for registration with the Employee Relations

Officer. The following information shall be filed with the re-

quest:

1. Name and mailing address of the organization and its princi-

pal officers and representatives.

2. The name and mailing address of each area, state, national

or international association or organization with which it

is directly or indirectly affiliated.

3. The names and addresses of each person authorized to repre-

sent the organization and its members in meeting and confer-

ring with the County.

4. Proof of employee approval as defined in Section 181.2 of

this policy, must be supplied which shows that the employee

organization represents at least 50% of the regular employ-

ees in the representation unit.

5. A statement that one of the organization's primary purposes

is representation of employees in their employment relations

with the County.

6. A statement that the organization has no restriction on

membership based on race, color, creed, national origin,

sex, sexual preference, age, or physical impairment.

7. A current copy of the organization's constitution and by-

laws.

8. A statement that the organization agrees to abide by all of

the provisions of this policy except that this shall not

preclude the right of the organization to challenge by court

action any provisions it deems to be invalid.

9. All statements and accompanying documents shall be signed

and certified by either the president, vice president or

manager of the organization. (Res. 327-70., Gov Code 3503,

3507)

B. Registration.

1. Upon receipt of all information required in the above

section (181.6A) by the Employee Relations Officer,

he/she shall notify the organization that it has been

duly registered as an employee organization. A copy of

this notice shall be filed with the Board.

2. A registered employee organization shall report in

writing to the Employee Relations Officer within ten

(10) days any changes in the facts submitted pursuant

to the above section (181.6A).

Personnel Regulations Section 181 - Page 8

3. The Employee Relations Officer at any reasonable inter-

val may require the organization to submit a current

membership list, by department and by classification,

of employees represented.

4. The County is under no obligation to consult with em-

ployee organizations which do not satisfactorily comply

with the requirements of Section 181.6A and paragraphs

2 and 3 of this section (181.6B).

SECTION 181.7 REPRESENTATION UNITS

181.7 Representation Units.

A. Appropriateness of Proposed Unit. The following criteria are to

be considered in determining the appropriateness of any represen-

tation unit:

1. Fragmentation of units is to be avoided.

2. The effect of the proposed unit on the efficient operation

of County services and sound employee relations.

3. The history of employee relations in the unit and among

other employees of the County.

4. The effect of the proposed unit on the efficient operation

of County services and its compatibility with the organiza-

tional structure of the County.

5. A representation unit must include at least 5% of the total

County employees.

6. No classification shall be divided among two or more units.

(Res. 327-70)

B. Establishment. All position classifications with the County for

which recognition of an employee organization might be appropri-

ate have been assigned to representation units which may be modi-

fied as provided in this policy.

C. Maintenance. When the County establishes a new position classi-

fication the Personnel Director shall determine which representa-

tion unit, if any, shall include the new classification. A rec-

ognized employee organization which disagrees with the Personnel

Director's determination may file a challenge to the allocation

within 15 days of notice of intended allocation. The challenge

shall be filed with the Personnel Director who will arrange a

hearing by the Board on the allocation. A routine title change

or class specification revision is not subject to these provi-

sions.

(Res. 327-70; Gov Code 3507)

D. Modification of Representation Unit.

Personnel Regulations Section 181 - Page 9

1. A registered or recognized employee organization may request

the modification of an established representation unit by

submitting to the Employee Relations Officer:

a. proof of employee approval, as specified in Section

181.2 herein, of the proposed modification by not less

than 50% of those employees who, if the proposed modi-

fication should be granted, would be included in the

modified unit, provided that this number includes at

least 5% of the total number of regular County employ-

ees; and

b. a list of all classifications to be included in the

modified unit, the number of employees in each class,

as well as the departments and budget units to which

they are assigned.

2. After receipt of the request, the Employee Relations Officer

shall give written notice to the recognized employee organ-

ization which currently is certified as the representative

of the unit for which one or more positions could be trans-

ferred and to any recognized employee organization which has

filed a written request for such notice. He/she shall also

post notice of the request in a place to which employees in

the proposed modified unit have access.

3. If the Employee Relations Officer agrees that the proposed

representation unit is appropriate and no challenge as pro-

vided below, is filed, he/she may establish the representa-

tion unit and notify the Board, the departments and employ-

ees affected and the requesting employee organization.

4. If the Employee Relations Officer determines that the re-

quested representation unit is not appropriate, he/she shall

notify the requesting employee organization of his/her de-

termination and the reason thereof in writing. The employee

organization may within seven (7) days modify its request,

or request a determination by the Board on its original

request.

5. Within thirty (30) days of the date the original notice to

employees is posted, other recognized employee organizations

may challenge the appropriateness of the requested represen-

tation unit and request a different unit. The challenge

shall be filed with the Employee Relations Officer and shall

be accompanied by..

a. proof of employee approval, as specified in Section

181.2 herein, by not less than 30% of the regular em-

ployees in the alternate unit which includes all or

part of the employees in the unit originally requested;

and

b. a list of all classes to be included in the alternate

unit, the number of employees in each class, as well as

Personnel Regulations Section 181 - Page 10

the budget units and department to which they are as-

signed.

6. Upon receipt of challenge, the Employee Relations Officer,

the employee organization submitting the original request,

and recognized employee organization(s) submitting a chal-

lenge, shall meet and attempt to reach agreement on determi-

nation of a representation unit. If they agree, the Employee

Relations Officer shall recommend that the unit be confirmed

by the Board as a representation unit.

7. If agreement is not obtained within a reasonable period of

time, determination of the unit shall be submitted to the

Board for consideration based on written presentation and

recommendations of the parties.

8. After the representation unit, if any, has been determined,

the Employee Relations Officer shall ascertain if a majority

representative exists among the employees in the unit by

election, as provided in Section 181.8, below.

9. Notwithstanding any other provisions of this resolution,

should the decision of the Board have the result of moving

some employees from one representation unit to another, and

should the Employee Relations Officer feel that such a deci-

sion raises a question concerning the continuing representa-

tive status of any recognized employee organization, he/she

shall designate the Personnel Director to meet with the

recognized employee organization for the purpose of investi-

gating whether or not a majority representation exists. If,

on the basis of such investigation, the Employee Relations

Officer concludes that a substantial question of representa-

tion exists, he/she may direct that an election be held in

the unit in question. The election shall be conducted by

secret ballot by the County Clerk, and the ballot shall list

the current recognized employee organization for the unit,

and include "no representative organization" choice.

10. Should the decision of the Employee Relations Officer or

Board have the result of moving some employees from one

representation unit to another, such employees will continue

to work at the rate of pay and under the same terms and

conditions of employment which they had in the unit from

which they were transferred until such time as the memoran-

dum of understanding concerning the unit from which they

were transferred has expired.

(Res. 327-70., Gov Code 3507)

SECTION 181.8 CERTIFICATION OR DECERTIFICATION OF RECOGNIZED EMPLOYEE

ORGANIZATION

181.8Certification or Decertification of Recognized Employee Organization.

A. Requests.

Personnel Regulations Section 181 - Page 11

1. Certification. A registered employee organization

which seeks certification as the recognized employee

organization for a representation unit shall file a

request with the Employee Relations Officer which is

accompanied by proof of employee approval, as defined

in Section 181.2 of this resolution, that the organiza-

tion represents at least 51% of the employees in the

representation unit.

2. Decertification. A registered employee organization

which seeks decertification of a recognized employee

organization shall file a request with the Employee

Relations Officer which is accompanied by proof of

employee approval, as defined in Section 181.2 of this

resolution, that the requesting organization represents

at least 51% of the employees in the representation

unit, provided, however, that there shall be no more

than one decertification election in the same unit in

any twelve month period. (Gov. Code 3507)

B. Notices. Within a reasonable period of time after receipt of the

request for certification or decertification, the Employee Rela-

tions Officer shall give written notice of the request to the

recognized employee organization which is certified as the repre-

sentative of the unit, and to any recognized employee organiza-

tion which has filed a written request for such notice. He/she

shall also post notice of the request in a place to which employ-

ees in the representation unit have access.

C. Election. The Employee Relations Officer shall arrange for a

secret ballot election to be conducted by the County Clerk to

ascertain the free choice of a majority of employees in the rep-

resentation unit.

1. Any other registered employee organization shall be

shown as one choice on the ballot upon filing a peti-

tion within thirty (30) days of receipt of notice from

the Employee Relations Officer. The petition shall be

accompanied by proof of employee approval, as defined

in Section 181.2 of this resolution, by at least 30% of

the employees in the representation unit.

2. In all certification and decertification elections the

choices on the ballot shall include the currently rec-

ognized employee organization for the unit (if any),

and "no representation."

3. In an election where there are more than two choices on

the ballot and none of the choices receive 51% or more

of the votes cast by the employees within the represen-

tation unit, a run-off election shall be conducted

between the two choices receiving the largest and sec-

ond largest number of votes.

Personnel Regulations Section 181 - Page 12

4. The cost of elections shall be fully paid by the em-

ployee organization requesting certification or decer-

tification. A $500 bond shall be posted with the Coun-

ty Clerk prior to holding the election.

D. Certification.

1. The Employee Relations Officer shall certify the choice

of representation as indicated on the ballot which

receives 51% or more of the valid ballots cast by the

employees in the representation unit. Notification of

certification shall be made to the Board, departments

concerned, employee organizations involved in the elec-

tion, and employees in the representation unit shall be

notified by postings at the work sites. However, the

Employee Relations Officer may refuse to certify the

winner of an election as the recognized employee organ-

ization for that unit or units if he/she concludes that

the winner has coerced, intimidated, or grossly misled

employees in securing or attempting to secure their

votes. Such refusal by the Employee Relations Officer

to certify an employment organization on these grounds

shall be referred to the Board for review at an open

hearing. The Board shall either require the Employee

Relations Officer to certify the winner of the election

as the recognized employee organization for that unit

or units, or uphold the Employee Relations Officer and

require him/her to arrange for another election at

County expense within a reasonable period of time.

2. A registered employee organization which has been cer-

tified as a recognized employee organization for a

representation unit in accordance with this policy

shall be granted exclusive representation for that

unit.

E. Issue of Majority Representation. Notwithstanding any other

provision orBoard of Supervisors resolution, the County may seek

decertification of an employee organization if it appears to the

Employee Relations Officer that such an action is warranted be-

cause of reasons related to substantial changes in County func-

tions, organizational structure or classifications which raise

the issue of majority representation. In such a case, the Employ-

ee Relations Officer shall arrange for a secret ballot election

in accordance with the procedures outlined in part C of this

section, above, except that the County shall bear the cost of the

election.

1. No decertification election may occur within the 12

months following the date of certification of an em-

ployee organization.

Personnel Regulations Section 181 - Page 13

SECTION 181.9 FILING PERIOD FOR REQUESTS AFFECTING EMPLOYEE REPRESENTATION

181.9 Filing Period for Requests Affecting Employee Representation.

All requests in accordance with this policy for registration and certifica-

tion of employee organizations, for creation of new representation units,

for modification of established representation units, and for decertifica-

tion of recognized employee organizations, must be filed with the Employee

Relations Officer between September 1 and September 30 of each year, except

that no requests may be filed on a unit or portion of a unit covered by a

memorandum of understanding except for the period between the 120th day and

the 90th day prior to the expiration date of the memorandum of understand-

ing covering that unit.

SECTION 181.10 REPRESENTATION PROCESS

181.10 Representation Process

A. Requests.

1. Timetable. Requests from recognized employee organiza-

tions for changes in salaries, wages, benefits and

other like terms and conditions of employment for em-

ployees shall be submitted to the Employee Relations

Officer after consultation between the Employee Rela-

tions Officer and recognized employee organizations,

but no later than 90 days prior to expiration of the

agreement, so that proposals can be properly considered

before the proposed County budget is submitted to the

Board or before the existing memorandum of understand-

ing expires. (Res. 327-70., Gov Code 3504, 3505, 3507)

2. Submittal. All matters within the scope of representa-

tion shall be submitted to the Employee Relations Offi-

cer, who shall refer all matters to the Personnel Di-

rector for review and recommendations for referral or

further action. The Employee Relations Officer may

then refer the matter, with recommendations, to other

County departments or agencies.

(Res. 127-70)

B. Advance Notice.

1. Right. Except in cases of emergency, each recognized

employee organization affected has the right to reason-

able written notice of any ordinance, rule, resolution

or regulation directly relating to matters within the

scope of representation proposed to be adopted by the

Board and shall be given the opportunity to meet with

the Employee Relations Officer prior to its adoption.

(Res. 327-70; Gov Code 3504.5)

2. Notice. The listing of an item on a public agenda in a

reasonably descriptive way, or the mailing of a copy of

a proposal at least 72-hours before the item will be

Personnel Regulations Section 181 - Page 14

heard, or the delivery of a copy of the proposal at

least 24 hours before the item will be heard, shall

constitute notice.

3. Emergency. In cases of emergency when the Board deter-

mines that it must act immediately without such notice

or meeting, it shall give such notice and opportunity

to meet as soon as practicable after its action. (Res.

327-70.. Gov Code 3504.5)

C. Negotiations., Memorandum of Understanding.

1. Only employee organizations which have been certified

as the recognized employee organizations in established

representation units shall be entitled to negotiate on

wages, hours and other terms and conditions of employ-

ment for such matters that affect employees they repre-

sent.

2. Upon request, a recognized employee organization may

negotiate with the Employee Relations Officer on wages,

hours and other terms and conditions of employment.

Agreements reached as a result of negotiations shall be

included in a memorandum of understanding signed by the

Employee Relations Officer and the principal represen-

tative(s) of the recognized employee organization(s)

and submitted to the Board for final action. Upon ap-

proval of the memorandum of understanding by the Board,

changes in items included in the memorandum of under-

standing may only be brought up in the period covered

by the memorandum of understanding with the mutual

consent of both parties that originally signed the

memorandum of understanding. (Res. 327-70., Gov Code

3505, 3505.1)

D. Other Consultation. This process shall not preclude other em-

ployee organizations or individual employees from consulting on

the same matter but any action taken shall not be inconsistent

with the terms of any memorandum of understanding covering such

employees. (Res. 327-70; Gov Code 3502, 3507)

E. Information. The Employee Relations Officer will provide infor-

mation pertaining to employee relations to a recognized employee

organization relative to matters under discussion. This shall

not be construed as requiring the release of personnel, medical

information, files or other data of which disclosure would con-

stitute an invasion of personal privacy or be contrary to laws

and regulations regarding confidentiality of data. Nothing in

this provision shall be construed as requiring the County to do

research for an inquirer or to assemble data in a manner not

usually done by the County. This does not preclude, however, an

employee organization contracting for non-confidential data.

(Res. 327-70; Gov Code 3507)

Personnel Regulations Section 181 - Page 15

SECTION 181.11 IMPASSE PROCEDURES; MEDIATION AND FACT FINDING

181.11 Impasse Procedures; Mediation and Fact Finding

A. Last Resort. Impasse procedures shall only be utilized when all

other attempts at reaching an agreement through negotiations have

been unsuccessful. (Res. 327-70)

B. Options. The parties may mutually agree to.. request the assis-

tance of a mediator; request the assistance of a fact-finder,. or

to any other impasse- resolving procedure. (Res. 327-70., Gov

Code 3505.2)

C. Selection. A single mediator or fact-finder shall be selected by

the mutual agreement of the parties. If the parties cannot agree

upon a fact- finder, a list of seven fact-finders shall be ob-

tained from the California State Conciliation Service, the Ameri-

can Arbitration Association, or some other agreed-upon source,

and each party shall alternately strike one name from the list

until only one name remains. (Res. 327-70., Gov Code 3505.2)

D. Privacy. All mediation shall be private. The mediator shall

make no public recommendations or take any public position con-

cerning the issues. (Gov Code 3505.2)

E. Fact Finding.

1. Instructions. The parties shall instruct the fact-

finder on the facts they want ascertained and the is-

sues on which they want his/ her report. Nothing shall

preclude the fact-finder from attempting to resolve the

impasse by mediation at any stage of the proceedings

prior to issuance of the fact-finding recommendations.

2. Confidentiality. The findings and recommendations of

the factfinder shall be confidential and submitted

directly to the parties concerned.

3. Meet and Confer. The parties shall attempt to reach

agreement by meeting and conferring in good faith on

the fact- finder's findings and recommendations.

4. Submission to Board. If the parties have not reached

an agreement within seven (7) days after receiving the

fact- finder's recommendations, they shall within the

next seven (7) days, submit their positions on the

unresolved issues to the Board, unless the parties

mutually agree to extend the time lines. The Employee

Relations Officer shall submit a copy of the fact-find-

er's report and recommendation. The Board shall then

make the final decision. (Res. 327-70)

F. Cost. The cost of mediation and fact-finding proceedings shall

be divided equally between the parties. (Res. 327-70., Gov Code

3505.2)

Personnel Regulations Section 181 - Page 16

SECTION 181.12 USE OF COUNTY FACILITIES

181.12 Use of County Facilities

A. Bulletin Boards.

1. Recognized employee organizations shall be allowed to

use designated portions of bulletin boards or display

areas in County buildings, or offices in which the

employee organization has members., provided that the

information displayed is within the scope of represen-

tation, and that the employee organization appropriate-

ly posts and removes the information.

2. The County through the Employee Relations Officer re-

serves the right to remove objectionable materials

after consultation with the employee organization which

posted it.

(Res. 327-70; Gov Code 3507)

B. Meetings Area.

1. Meetings. Recognized employee organizations shall be

allowed the use of areas normally used for meeting

purposes for meeting of County employees during non-

work hours when (1) such space is available and is

scheduled 24 hours in advance, (2) there is no addi-

tional cost to the County, (3) it does not interfere

with normal County operations , (4) employees in atten-

dance are not on duty and are not scheduled for duty

during the meeting, and (5) the meetings are open and

on matters within the scope of representation.

2. Scheduling and Conduct. The administrative official

responsible for the space shall establish and maintain

scheduling of such uses. The scheduling recognized

employee organization shall maintain proper order at

the meeting and see that space is left in a clean and

orderly condition.

(Res. 327-70; Gov Code 3507., County Procedures Manual

Title III, Section 500)

C. Access to Work Areas. Authorized representatives of recognized

employee organizations may have reasonable access to other mem-

bers of the same organization in County offices for transmittal

of information or for representation purposes, provided that the

work of County employees and service to the public are unim-

paired. Prior to contacting members in County offices such au-

thorized representatives shall make arrangements with the employ-

ee's department head or designated representative. The department

head may grant such permission, provided that in his/her judgment

such contact will not disrupt County business. (Res. 327-70., Gov

Code 3507)

Personnel Regulations Section 181 - Page 17

D. Personnel, Equipment and Materials.

1. No employee organization shall use County personnel,

equipment (other than items normally used in the con-

duct of business meetings such as desks, chairs, ash-

trays and blackboards), or materials in conducting the

business of their organization, except as otherwise

outlined in this policy.

The Employee Relations Officer may authorize a recog-

nized employee organization to use County inter-office

mail services. (Gov Code 3507)

E. Distribution of Literature.

1. Recognized employee organizations shall be allowed to

place a supply of employee organization literature at

specific locations in County buildings arranged through

the Employee Relations Officer., but no handouts or

other distribution of literature to or by, County em-

ployees shall be permitted on County time or on work

areas where the work activities would be disrupted.

No non-recognized employee organization shall engage in

organizing activities or distributing pamphlets or

similar literature in connection therewith on any Coun-

ty property.

(Res. 327-70; Gov Code 3507)

F. Disruption of County Business. Employee participation in unlaw-

ful activities that are disruptive of County business may be

considered as cause for disciplinary action. (Res. 327-70: Gov

Code 3507, 3509)

181.13 EMPLOYEES MEETING ON COUNTY TIME

181.13 Employees Meeting on County Time.

A. Official Representatives. Official representatives of a recog-

nized employee organization shall be allowed time off on County

time during normal working hours when formally meeting and con-

ferring in good faith with the Employee Relations Officer or

other management representative designated by the Board on mat-

ters within the scope of representation, provided that advanced

arrangements for the absence are made with the representative's

department head and provided that the number of representatives

released for such meetings shall not exceed three (3) persons,

except by mutual agreement between the Personnel Director and the

employee organization prior to the meeting. The use of official

time for this purpose shall be reasonable and shall not interfere

with the performance of County services. (Res. 327-70, Gov Code

3505.3)

B. Employees.

Personnel Regulations Section 181 - Page 18

1. County employees shall be allowed time off on County

time to attend meetings held by County departments or

agencies during regular working hours..

a. if their attendance is required at a specific

meeting.

b. if their attendance is required by a hearing

officer or commission for presentation of

testimony or other reasons.

c. for meetings required for settlements of

grievances filed pursuant to a formal griev-

ance procedure.

d. if they are designated as a union steward or

representative for purposes of processing a

formal grievance.

e. if they are designated as a representative of

a recognized employee organization for pur-

poses of making representation or presenta-

tions at meetings and hearings on wages,

hours and working conditions.

2. In each case above, advanced arrangements shall be made

with the employee s department head for the employee to

be absent from the work station or assignment, and the

County department or agency calling the meeting shall

be responsible for determining that the attendance of

the particular employee is required.

3. Other Absence. No other time off on County time shall

be allowed except as specifically provided herein or in

a memorandum of understanding.

SECTION 181.14 DUES DEDUCTIONS

181.14 Dues Deductions

A. Application.

1. Within Unit. Upon approval of the Employee Relations

Officer, a recognized employee organization with at

least 100 employees in the representation unit has the

exclusive privilege of dues deductions for employees

within that representation unit. (Res. 327-70)

2. Other Employees. Any recognized employee organization

with dues deduction privileges may have dues deduction

from employees not in any representation unit. (Gov

Code 3507, 1157.ffk)

B. Authorization. Dues deductions for membership in a recognized

employee organization shall be made only on written authorization

of the individual employee. (Res. 327-70., Gov Code 3507,

1157.Iff)

Personnel Regulations Section 181 - Page 19

C. Amount. The dues deduction (for employee organization member-

ship) shall be for a specified amount and shall not change more

than once per calendar year. (Gov Code 3507,1157.Iff)

D. Indemnity and Refund.

1. Employee organizations who have achieved the dues de-

duction privileges shall indemnify, defend, and hold

the County harmless against any claims made and against

any suit instituted against the County on account of

dues deduction.

2. Such an employee organization shall refund to the Coun-

ty of Santa Cruz any amounts paid to it in error upon

presentation of supporting evidence.

SECTION 181.15 GRIEVANCE PROCEDURE

181.15 Grievance Procedure.

A. Purpose. This grievance procedure is intended to provide a pro-

gressive series of steps through which employees may present

grievances, with the aim of resolving grievances at the lowest

administrative level consistent with the management representa-

tives authority. This procedure is not intended to supplement or

supplant any other formal appeal or grievance procedure.

B. Application. In the absence of a grievance procedure established

by memorandum of understanding between the County and a recog-

nized organization for a representation unit, the grievance pro-

cedure provided below will apply to regular employees within the

representation unit.

C. Scope of Grievance Procedure

1. A grievance may only be filed if it relates to a man-

agement application or interpretation of Section 160

(Salary, Compensation and Leave provisions) of the

Personnel Regulations which adversely affects an em-

ployee's wages, hours or conditions of employment.

2. Specifically excluded from the grievance procedure

are..

a. subjects involving the amendment or charge of a

Board of Supervisor's resolution, ordinance, or

minute order.

b. dismissals, suspension or reduction in rank or

classification

c. employee performance evaluations

d. alleged violation, misinterpretation of Civil

Service Rules or Chapter 4.05 of the County Code

e. Leave Without Pay, Section 165 of the Personnel

Regulations

Personnel Regulations Section 181 - Page 20

D. Presentation and Processing.

1. Step 1. Within ten (10) calendar days of the occur-

rence or discovery of an alleged grievance, the grie-

vant may informally discuss the grievance with the

immediate supervisor.

2. Step 2. If the grievance is not settled through infor-

mal discussion, the grievant may file a formal griev-

ance within twenty (20) calendar days of the occurrence

or discovery of an alleged grievance. The formal

grievance shall be presented by the aggrieved in writ-

ing to his/her department head. The grievance form

shall contain information which:

1) Identifies the aggrieved.

2) Contains the specific nature of the grievance.

3) Indicates the date, time and place of its occur-

rence.

4) States the provision of Section 160 alleged to have

been violated improperly interpreted, applied or misap-

plied.

5) Indicates the consideration given or steps taken to

secure informal resolution including the date of infor-

mal discussion.

6) States the corrective action desired.

A decision by the department head shall be made in writing

within two (2) calendar weeks of receipt of the grievance.

3. Step 3. If the grievance is not settled at step 2, the

grievant may within two (2) calendar weeks after receipt of

the department head's response at step 2, refer the griev-

ance to the Personnel Director or his/ her designee. The

Personnel Director or his/her designee shall respond in

writing within two (2) calendar weeks after the date of

receipt.

4. Step 4. If the grievant is not satisfied with the decision

at Step 3, he/she may, within one (1) calendar week after

receipt of the Step 3 decision, request that the County

Administrative Officer consider the grievance and make a

decision which shall be final and binding on all parties.

E. General Provisions.

1. Time limits specified in the processing of grievances may be

waived by mutual written agreement.

2. If an employee does not present his/her grievance or does

not appeal the decision rendered regarding his/her grievance

within the time limits, the grievance shall be considered

resolved.

Personnel Regulations Section 181 - Page 21

3. If the department head or Personnel Director does not re-

spond within the time limits provided, the aggrieved may

proceed to the next step of this grievance procedure.

4. A copy of the grievance form shall be forwarded to the Per-

sonnel Director when the formal grievance is filed.

In the event of an unusual number of grievances being filed,

the Personnel Director may consolidate like grievances and/

or temporarily suspend grievance processing on a division-

wide department-wide, or County-wide basis. A recognized

employee organization which represents employees in a repre-

sentation unit which has had its grievance processing sus-

pended may appeal this decision to the County Administrative

Officer.

SECTION 181.16 EXECUTIVE SESSIONS

181.16 Executive Sessions.

Nothing in this resolution shall be interpreted as preventing or limiting

the right of the Board or other County policy making bodies, to hold execu-

tive session with the Employee Relations Officer, Personnel Director, or

other duly designated management representative, prior to and during con-

sultations and discussions with representatives of employee organizations

regarding the salaries, salary schedules, or compensation paid in the form

of employee benefits of employees in order to review its position and in-

struct its designated representatives. Gov Code 54950 et. seq.)

SECTION 181.17 SEVERABILITY

181.17 Severability

If any section, subsection, or other part of this policy is for any

reason held to be invalid by a court of competent jurisdiction, such

invalidity shall not affect the remaining provisions of this policy.

(Res. 327-70)

Personnel Regulations Section 181 - Page 22