As used in this Chapter, the following terms shall have the meanings indicated:
AGENCY SHOP. An arrangement that requires an employee, as a condition of continued employment, either to join the exclusive recognized employee organization or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization.
CERTIFY. The process by which the County formally acknowledges an employee organization as the exclusive recognized employee organization that represents County employees in an authorized representation unit.
CONFIDENTIAL EMPLOYEE. An employee who, in the regular course of his or her duties, has access to, or possesses information relating to, the County’s employer-employee relations program.
CONSULT/CONSULTATION IN GOOD FAITH. To communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions on matters outside the scope of representation; and does not involve the exchange of proposals and counterproposals in an endeavor to reach agreement.
COUNTY. The County of San Bernardino, and, where appropriate herein, refers to the Board of Supervisors or any duly authorized County representative.
DAY. Calendar day unless expressly stated otherwise.
EMERGENCY. An unforeseen circumstance requiring immediate action, a sudden unexpected happening, an unforeseen occurrence or condition.
EMPLOYEE. Any person employed by the County, excepting those persons elected by popular vote or appointed to office by the Governor of the State of California.
EMPLOYEE ORGANIZATION. Any organization which includes employees of the County and which has as one of its primary purposes representing such employees in their relations with the County, or any organization that seeks to represent employees in their relations with the County.
EXCLUSIVE RECOGNIZED EMPLOYEE ORGANIZATION or EXCLUSIVE REPRESENTATIVE. An employee organization that has been certified by the County as the employee organization, which received the majority of votes in a valid representation election for an authorized employee representation unit.
IMPASSE. The representatives of the County and an exclusive recognized employee organization have reached a point in collective bargaining, conferring in good faith, where their differences on those matters intended to be included in a memorandum of understanding, and concerning which they are required to meet and confer, remains so substantial and prolonged that further meeting and conferring would be futile.
INTEREST DISPUTE. A disagreement between County management and an exclusive recognized employee organization concerning matters within the scope of representation.
MEET AND CONFER IN GOOD FAITH. A public agency, or such representatives as it may designate, and representatives of exclusive recognized employee organizations, shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation prior to the adoption by the public agency of its budget for the ensuing year. The process should include adequate time for the resolution of impasses where specific procedures for such resolution are contained in local rule, regulation, or ordinance, or when such procedures are utilized by mutual consent.
MEMORANDUM OF UNDERSTANDING. A written document prepared by the County and the exclusive recognized employee organization, which sets forth those matters within the scope of representation upon which both parties have agreed. Such document shall not be binding on the County until such time that it has been approved by the Board of Supervisors.
RIGHTS DISPUTE. A disagreement between County management and an exclusive recognized employee organization or employees who are not members of an exclusive recognized employee organization, concerning the interpretation, application, or violation of any memorandum of understanding.
SERVICE or SERVE. Notification by mail or by personal service, and shall be deemed complete upon mailing, hand delivery or leaving a copy at the principal office of the party or representative.
(Am. Ord. 3707, passed - -1998; Am. Ord. 3991, passed - -2006; Am. Ord. 4210, passed - - 2013; Am. Ord. 4290, passed - -2015)