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(a) This section shall apply only to peace officers as defined in Penal Code section 830.1 and management employees, as well as their exclusive representatives.
(b) It shall be an unfair labor practice for the City and County to:
(1) Interfere with, restrain, or coerce employees in the exercise of the rights recognized or granted in this Ordinance, or guaranteed by Government Code section 3502 or by any local rule adopted pursuant to Government Code section 3507;
(2) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another in violation of rights guaranteed by Government Code section 3502 or 3508(c) or any local rule adopted pursuant to Government Code section 3507;
(3) Refuse to meet and confer in good faith as required by Government Code section 3505 or any local rule adopted pursuant to Government Code section 3507 at reasonable times, places and frequencies when the employee organization involved is an exclusive representative;
(4) Refuse or fail to cooperate and exercise good faith in any impasse procedure mutually agreed to pursuant to Government Code section 3505 or 3505.2, or required by any local rule adopted pursuant to Government Code section 3507, including the City Charter;
(5) Adopt or enforce a local rule that is not consistent with MMBA; or
(6) In any other way violate MMBA or any reasonable local rule for the administration of employer-employee relations adopted pursuant to Government Code section 3507 and in compliance with State or local meet and confer requirements.
(c) It shall be an unfair labor practice for any officer of the City and County to meet and confer, or attempt to meet and confer, over matters within the scope of representation with someone other than the exclusive representative.
(d) It shall be an unfair labor practice for an employee, an employee organization, an employee representative, or any agent thereof to:
(1) Interfere with, restrain, or coerce employees in the exercise of the rights recognized or granted in this Ordinance;
(2) Refuse to meet and confer in good faith at reasonable times, places and frequencies when the employee organization involved is an exclusive representative;
(3) Refuse or fail to cooperate and exercise good faith in any impasse procedure mutually agreed to pursuant to Government Code section 3505 or 3505.2, or required by any other local rule adopted pursuant to Government Code section 3507, including the City Charter;
(5) Cause or attempt to cause the City and County to engage in conduct prohibited by MMBA, City Charter or any other reasonable local rule for the administration of employer-employee relations adopted pursuant to Government Code section 3507 and in compliance with State or local meet and confer requirements; and
(6) In any other way violate MMBA or any reasonable local rule for the administration of employer-employee relations adopted pursuant to Government Code section 3507 and in compliance with State or local meet and confer requirements.
(e) It shall be an unfair labor practice for any employee, an employee organization, an employee representative, or any agent thereof, to meet and confer, or attempt to meet and confer, over matters within the scope of representation with someone other than the Human Resources Director or a duly authorized designee.
The provisions of this subsection shall not apply to an employee, an employee organization, an employee representative, or any agent thereof, who desires to communicate with the Board of Supervisors during the meeting and conferring process and does so in writing and addresses said communication to the Clerk of the Board of Supervisors with the request that all members of the Board of Supervisors be provided with copies of the communication.
(Amended by Ord. 415-76, App. 10/15/76; 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)
Nothing in this ordinance requires peace officers as defined in Penal Code section 830.1, or management employees, or their exclusive representatives, or the City and County to exhaust any local procedure or administrative remedy prior to filing a legal action in Superior Court asserting that a party covered by this section has violated any provision of this Ordinance, the City Charter, or any provision of the MMBA.
(Added by Ord. 296-10, File No. 101157, App. 12/3/2010; amended by Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
For charges filed administratively, Civil Service Commission Unfair Labor Practice Procedures:
(a) Processing Violations. Unfair practice charges may be filed by an employee, employee organization, or the City and County.
(b) Contents of Charge. A charge may be filed alleging that an unfair practice or practices have been committed. The charge shall be in writing, signed under penalty of perjury by the party or its agent with a declaration that the charge is true, and complete to the best of the charging party's knowledge and belief, and contain the following information:
(1) The name and address of the party alleged to have engaged in an unfair practice;
(2) The name, address, and telephone number of the charging party;
(3) The name, address, and telephone number of an authorized agent of the charging party to be contacted;
(4) The sections of the Government Code, this Ordinance, or other local rule alleged to have been violated;
(5) A clear and concise statement of the facts and conduct alleged to constitute an unfair practice;
(6) A statement whether or not an agreement or memorandum of understanding exists between the parties, and the date and duration of such agreement or memorandum of understanding;
(7) A statement of the extent to which and the inclusive dates during which the parties have invoked any grievance machinery provided by an agreement, or, where applicable, have invoked procedures provided by the employer for resolving public notice complaints;
(8) A statement of the remedy sought by the charging party;
(9) Proof of service on the respondent.
(c) Processing of Case.
(1) When a charge is filed, it shall be assigned to a Civil Service Commission designee for processing.
(2) The powers and duties of such designee shall be to:
(A) Assist the charging party to state in proper form the information required by section 16.215(b);
(B) Answer procedural questions of each party regarding the processing of the case;
(C) Facilitate communication and the exchange of information between the parties;
(D) Within 30 days of the filing of a charge, schedule the charge for determination by an administrative law judge.
(3) The respondent shall be apprised of the allegations, and may state its position on the charge during the course of the inquiries. Any written response must be signed under penalty of perjury by the party or its agent with the declaration that the response is true and complete to the best of the respondent's knowledge and belief. Service and proof of service pursuant to Section 16.215(b) are required.
(4) Withdrawal of Charge. Any request for withdrawal of the charge shall be in writing, signed by the charging party or its agent, and state whether the party desires the withdrawal to be with or without prejudice. Request for withdrawal of the charge before a hearing has been scheduled shall be granted. Repeated withdrawal and refiling of charges alleging substantially identical conduct may result in refusal to schedule a charge for hearing. If the hearing has been scheduled, the designee shall determine whether the withdrawal shall be with or without prejudice. If, during hearing, the respondent objects to withdrawal, the hearing officer may refuse to allow it. Service and proof of service of the withdrawal pursuant to Section 16.215(b) are required.
(Added by Ord. 296-10, File No. 101157, App. 12/3/2010; amended by Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
Solely as it pertains to employees that are peace officers as defined in Penal Code section 830.1 and managers and their exclusive representatives, charges of committing any unfair labor practices may be initiated by the City or an authorized representative thereof, by a representative of an employee organization, or by an individual employee or group of employees. Such charges may be filed in writing with the Civil Service Commission. Each charge so filed shall be processed in accordance with the rules and regulations of this Ordinance and the Civil Service Commission. Such charges must be initiated within six months of the occurrence of the events upon which the charges are based.
(a) If the administrative law judge's decision is that the City and County or a management employee has engaged in an unfair labor practice, the administrative law judge shall issue cease and desist orders which are not in conflict with the Charter or other provisions of law, and/or shall recommend to the appropriate body that corrective action be taken. Such corrective action shall be taken within five days of the administrative law judge's notification and recommendation.
(b) If the decision is that an employee or employee organization or its agents have engaged in an unfair labor practice, the administrative law judge shall instruct the offending party to take appropriate corrective action. The powers and duties of the administrative law judge shall be consistent with those of the Public Employment Relations Board. If compliance with the administrative law judge's instruction is not obtained within five days, the administrative law judge shall instruct the appropriate officer, board or commission to take appropriate action.
(Amended by Ord. 113-77, App. 3/31/77; 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) Meeting and conferring in good faith between management representatives and the representatives of recognized employee organizations shall take place on all matters relating to wages, hours, and other terms and conditions of employment within the scope of representation. The meet and confer process, whether in the context of bargaining for a successor memorandum of understanding or during the term of an existing memorandum of understanding, shall be conducted in accordance with the City Charter and State law. Nothing contained herein shall be deemed to supersede the provisions of the Charter, ordinances, and rules and regulations of the City and County of San Francisco which establish and regulate the Civil Service System.
(Amended by Ord. 426-76, App. 10/29/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
Official representatives of an exclusive representative shall be allowed time off from their duties without loss of pay for the purpose of meeting and conferring in good faith or consulting with representatives of the City and County on matters within the scope of representation, provided that the number of representatives shall not exceed two without the approval of the Human Resources Director. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City and County services. Official representatives shall receive approval from their department head in advance of the proposed time away from their work station or assignment.
(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)
Upon completion of the registration procedures provided in Section 16.209, registered employee organizations and exclusive representatives may exercise the privilege of dues deduction, and shall pay the reasonable costs of this service. The Controller of the City and County of San Francisco shall establish the costs and the procedures for initiating and maintaining this service.
(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)
If any provision of this Ordinance, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this ordinance, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
(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)
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