(a) A labor relations administrator (LRA) shall be selected in the manner set forth in subsection (b) of this section to administer provisions of this chapter including the process for certification and decertification of exclusive bargaining representatives, resolving labor-management disputes as defined in this chapter, and assisting with the selection of mediator(s) and/or arbitrator(s) as needs arise under this chapter or under any collective bargaining agreement. The LRA shall serve as a neutral party.
(b) Qualifications; selection and removal of LRA; appointment of interim neutral.
(1) The LRA must be experienced as a neutral in the field of labor relations, and must not be a person who, because of vocation, employment, or affiliation, can be categorized as a representative of the interest of the County or any employee organization, including an exclusive bargaining representative for a bargaining unit permitted under this chapter.
(2) The selection of the LRA will be conducted through the County's standard request for proposal (RFP) process, in accordance with the Virginia Public Procurement Act ("VPPA"). The Proposal Analysis Group (PAG) will consist of either (a) representatives of those employee organizations that have notified the County Administrator or County Administrator's designee of their interest in representing bargaining units permitted by this chapter, if no exclusive bargaining representatives have been recognized at the time the selection process begins, or (b) by the exclusive bargaining representatives of the bargaining units permitted by this chapter, and an equal number of County representatives.
(3) The PAG shall review and rank all proposals received and recommend up to three applicants from the highest-ranking proposals. The PAG shall present its recommendations to the Board upon formal Board request. Final approval of the LRA shall be made by the Board of Supervisors from the list recommended by the PAG.
(4) The LRA shall serve for a term of three years. Before the expiration of the LRA's term, the parties shall begin the RFP process with enough time to ensure that the LRA is reappointed, or a new LRA is appointed, as soon as the incumbent LRA's term expires.
(5) The LRA's services shall be subject to termination by majority agreement of the County and the exclusive bargaining representatives of the bargaining units permitted by this chapter. If no exclusive bargaining representatives have been certified, then the LRA's services shall be subject to termination by mutual agreement of the County and a majority of those employee organizations that have submitted a showing of interest petition.
(6) If a petition is filed requesting certification of an exclusive bargaining representative, a party seeks to file an unfair labor practice claim, or some other labor management dispute arises there is no LRA serving at the time, then the parties shall bring the certification petition or dispute to a mutually agreed upon interim neutral. The interim neutral may be an individual chosen through the ranking/striking process of the American Arbitration Association ("AAA") or Federal Mediation and Conciliation Service ("FMCS"). If the LRA dies, resigns, is terminated, becomes disabled, or otherwise becomes unable or ineligible to continue to serve, the County and exclusive bargaining agent(s) may mutually select an interim neutral as needed while the County conducts a full competition for a new LRA in accordance with subsection (b)(2).
Alternatively, the County may use an LRA from another Virginia locality available through the VPPA's joint and cooperative procurement provision.
(c) Duties of the LRA. The LRA shall:
(1) Establish standardized procedures consistent with this chapter and applicable law for submission and adjudication of petitions, elections, certification and decertification, and other processes needed for the efficient operation of collective bargaining under this chapter. Including for the timing and standards for public notifications and announcements for timely participation in the activities under this chapter.
(2) Supervise elections for certification or decertification of exclusive bargaining representatives and issuing the certification or decertification. This includes making proper public notices related to petitions, certifications, and elections in accordance with County requirements for public notifications and announcements.
(3) Monitor and record key dates and milestones pertaining to initiation, progress, and completion of collective bargaining negotiations for purposes of making proper public notifications and announcements and facilitating the full exercise of the rights of the County, employees, and employee organizations under this chapter.
(4) Hold hearings and make inquiries, administer oaths and affirmations, examine witnesses and documents, take testimony, receive evidence, request the attendance of witnesses and the production of relevant documents in proceedings within the responsibility of the LRA. The County and employee organizations have a duty to comply with reasonable requests for information submitted by the LRA.
(5) Investigate and attempt to resolve or settle, charges of either the County or an employee organization engaging in prohibited practices as defined in this chapter, as provided in section 259.11 Labor-Management Dispute Resolution.
(6) Determine unresolved issues of employee inclusion in or exclusion from the defined bargaining units in this chapter, including challenges to validity of individual signatures on petitions for recognition or decertification.
(7) Obtain any necessary support services and make necessary expenditures in the performance of duties, subject to reimbursement procedures established in the terms and conditions of the contract for LRA services with the County.
(8) Determine any issue regarding the negotiability of any collective bargaining proposal.
(9) Exercise any other powers and perform any other duties and functions specified in this chapter of an administrative nature.
(10) Keep and maintain accurate and complete records of activities, communications, information, reports, decisions, etc. in accordance with County recordkeeping requirements.
(Ord. 21-19. Passed 12-7-21.)