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"Scope of representation" means matters relating to employment conditions and employee relations, including wages, hours and other terms and conditions of employment. The scope of representation shall not include consideration of the merits, necessity or organization of any service or activity provided by law or executive order.
"Peace Officer" means an individual elected, appointed, or employed to serve in the position of peace officer as defined in California Penal Code 830.1.
(a) There is hereby created an Employee Relations Division, which shall be placed under the control of the Human Resources Director. The Human Resources Director or designee shall serve as the representative of the City and County of San Francisco in the implementation of those provisions of the MMBA applicable to the City and County of San Francisco and which are not specifically delegated by Charter provision and/or ordinance to a particular officer, board or commission of the City and County. To the extent the powers and duties of the Human Resources Director are transferred to the Municipal Transportation Agency by Charter for job classifications designated as performing service-critical functions or to another officer, board or commission of the City and County by operation of the Charter or ordinance, this Ordinance shall not apply.
(b) Nothing contained herein shall be deemed to prevent the City from contracting for the performance of functions carried out by, and/or required of the Employee Relations Division, pursuant to Charter Sections 8.300 and 8.300-1.1
(Amended by Ord. 383-80, App. 8/22/80; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
CODIFICATION NOTE
In addition to such other powers and duties as it has under the Charter and this ordinance and as may be conferred upon it from time to time by law, the Civil Service Commission shall have the power and duty:
(1) To certify as the exclusive representative of a bargaining unit that employee organization which has been selected by the employees in such bargaining unit pursuant to Section 16.211 of this Ordinance;
(2) To conduct elections to ascertain which employee organization represents a majority of the employees in a particular bargaining unit, or to arrange for the election to be conducted by a mutually agreed upon third party;
(3) To decertify as the exclusive representative an employee organization which has been found by election no longer to be the majority representative in a particular bargaining unit;
(4) To adopt rules and regulations for the conduct of its business and the carrying out of its powers and duties;
(5) To administratively process all matters which require or permit a hearing before an administrative law judge and to the extent necessary make all arrangements for said hearings. The Commission, after review of the facts in any particular dispute, may attempt to obtain the agreement of the parties involved on the disputed issue(s) before the matter is submitted to an administrative law judge.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
The City and County is hereby authorized to enter into an agreement or contract with the Office of Administrative Hearings, California State Personnel Board, for the purpose of obtaining the services of an administrative law judge. Such agreement or contract shall provide that said administrative law judge shall be responsible for the duties as hereinafter set forth in this Ordinance.
The costs involved in obtaining the services of an administrative law judge as necessitated by this Ordinance shall be borne by the City and County of San Francisco, provided, however, that all expenses incurred by the City and County in utilizing the administrative law judge in processing unfair labor practice complaints shall be divided equally among the parties involved.
The authority of the administrative law judge shall be to the extent as set forth in this Ordinance and in no event shall any decision of the administrative law judge conflict with, alter or attempt to alter the provisions of the Charter or rules and regulations of the Civil Service Commission.
Any costs incurred in transcribing and reporting the proceedings shall be borne by the party requesting such transcribing or reporting, unless a contrary agreement is reached by mutual consent.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
The City and County of San Francisco retains all rights as set forth in the provisions in the Charter of the City and County of San Francisco, existing ordinances and civil service rules establishing and regulating the Civil Service System; provided, however, that amendments to said existing ordinances, and civil service rules may be proposed through the meeting and conferring process. The exercise of City and County rights does not preclude employees or exclusive representatives from consulting or raising grievances on decisions which affect wages, hours and other terms and conditions of employment. The City and County reserves the right to take whatever action may be necessary in an emergency situation; however, an exclusive representative affected by the action shall be promptly notified.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
Employees of the City and County shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations. Employees of the City and County shall also have the right to refuse to join or participate in the activities of employee organizations. Employees shall also have the right to represent themselves individually in their employment relations with the City and County, consistent with Government Code section 3502. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his or her exercise of those rights.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
(a) The Human Resources Director or designee, in consultation with department heads, shall specify the employees who are to be designated as management, supervisory or confidential for the purpose of this Ordinance. Each such person shall be notified by his or her department head of his or her management, supervisory or confidential status. A list of the employees so designated shall be maintained in the office of the Human Resources Director.
(b) If an employee designated as management, supervisory or confidential, or an employee organization, or a department head, disagrees with such designation, the question shall be referred to an administrative law judge for hearing and final determination.
(c) Confidential employees may not represent an employee organization which represents other than confidential employees on matters within the scope of representation.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12
, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
(a) An organization or joint council of organizations which wishes to be registered as an employee organization shall submit to the Human Resources Director or designee a request signed by a duly authorized officer of the organization containing the following information:
(1) Name and address of the employee organization.
(2) Names and titles of its officers, as well as designation of the officials authorized to act as representatives of the organization in employer-employee relations with the City and County.
(3) A statement of whether or not the organization is a chapter or local of, or affiliated with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state, national or international organization.
(4) A copy of its constitution or by-laws, and a statement signed by an officer of the employee organization to the effect that the organization has as one of its purposes representing employees of the City and County in employment relations.
(5) Verification of employee membership in the employee organization which may be shown by employee organization payroll dues deductions or authorization cards signed and dated by employees not more than six months prior to submission.
(6) A designation of those persons residing in California, not exceeding three in number, to whom notice sent by United States mail would be deemed sufficient by the organization for any purpose.
(7) A statement that the organization recognizes and is aware of Government Code Section 3509.
(8) A statement that the organization agrees to abide by all of the provisions of this Ordinance, except that this shall not preclude the right of the organization to challenge by court action any provision it deems to be invalid.
(b) Upon receipt of the petition, the Human Resources Director or designee shall verify that the petition complies with the requirements of this Section and, provided the requirements are met, notify the employee organization within 14 days that it is registered.
(c) The City and County is under no obligation to consult with any employee organizations that do not satisfactorily comply with the requirements of Paragraph (a) of this Section or that have not been certified by the Civil Service Commission as the exclusive representative of a bargaining unit.
(d) Employee organizations must re-register every three years, provided, however, that the exclusive representative of a bargaining unit need not do so.
(e) Should any of the information in subsections (a)(1)-(8) change, the employee organization must update said information with the Civil Service Commission within 30 days.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12
, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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