(a) The following representation units are established for employer-employee relations purposes. Definitions are general in nature and serve as an illustration and guide in the unit placement of classifications.
(1) MANAGEMENT UNIT.
Definition: Shall include classifications or positions which under administrative direction of a group or department head have departmental responsibility for implementing program requirements through supervisors; formulating, administering, and managing County policies and programs; and, are responsible for employee relations at the department level, including adherence to labor contracts, grievance procedures, employee relations provisions of the County Code, and the training of supervisory employees.
(2) SAFETY MANAGEMENT AND SUPERVISORY UNIT.
Definition: Shall include classifications of employees qualifying as a “County peace officer” as defined in § 31469.1 of the County Employees’ Retirement Law of the California Government Code or are full-time “peace officers” as that term is defined in §§ 830.1 and 830.3(b) of the California Penal Code and are so assigned to the unit by the Board of Supervisors; and, having responsibility for implementing program requirements; formulating, administering, and managing County policies and programs; or, having authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, evaluate, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or to effectively recommend such action if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(3) SUPERVISORY UNIT.
Definition: Shall include classifications or positions having authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, evaluate, or discipline other employees; or responsibility to direct them; or, to adjust their grievances; or, to effectively recommend such action if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(4) PROFESSIONAL UNIT.
Definition: Shall include classifications requiring the performance of work that is either predominantly intellectual, philosophical, largely governed by conceptual understandings, and varied in character, involving continuing exercise of independent discretion and judgment in work performance and requiring specialized knowledge and skills equivalent to that attained by a prolonged course of intellectual instruction in an institution of higher learning, or hospital, as distinguished from general academic training or from apprenticeship training; or, any employee who is performing in a training capacity under the direction of a professional person in preparation to qualify as a professional employee as defined above.
(5) SAFETY UNIT.
Definition: Shall include classifications of employees qualifying as a “County peace officer” as defined in § 31469.1 of the County Employees’ Retirement Law of the California Government Code or are fulltime “peace officers” as that term is defined in §§ 830.1 and 830.3(b) of the California Penal Code and are so assigned to the unit by the Board of Supervisors due to the nature of the work being directly related to the law enforcement function, which work does not involve work of a supervisory or management nature as described herein.
(6) TECHNICAL AND INSPECTION UNIT.
Definition: Shall include classifications requiring the use of specific skills, knowledge and abilities in the inspection of facilities and/or conditions to determine compliance with appropriate rules, laws, codes, and regulations; or requiring use of specific knowledge or techniques as opposed to a broad, philosophical, or a theoretical field of knowledge; employs practical knowledge marked by characteristics of specialized experience related to the performance of specifically delineated techniques entailing a particular subject or subjects.
(7) CRAFT, LABOR AND TRADES UNIT.
Definition: Shall include classifications requiring competence in one or more crafts or trades; thorough knowledge and skill in the use of manual or equipment operations; use of machines, tools, or other special equipment for the repetitive production of single purpose jobs, which may include responsibility for a product or maintenance of equipment; or, use of manual or physical dexterity necessary to complete a specific work objective, which requires minimal exercise of independent judgment and is normally learned through on-the-job training. Usually includes all jobs that are apprenticeable.
(8) CLERICAL UNIT.
Definition: Shall include classifications performing work concerned with preparing, recording, transcribing, transferring, systematizing, and preserving written and oral communications and records; operating business, office, accounting, and routine electronic data processing equipment; collecting and recording of fees; or collecting, recording, compiling, and tabulating financial, statistical or other data. Personal, telephonic and routine written contact with the public on procedural and information matters is normally characteristic of clerical unit positions.
(9) ADMINISTRATIVE SERVICES UNIT.
Definition: Shall include classifications characterized by work consisting of that which inherently includes the regular exercise of independent discretion and judgment, in support of the management and operation of an organization, requiring general academic degree work, rather than a specific, job related professional degree.
(10) EXEMPT UNIT.
Definition: Shall include classifications that have been determined to formulate and administer significant executive responsibilities under the direction of an Assistant Executive Officer, an elected official, a department head or on behalf of the Chief Executive Officer, as well as positions that have significant involvement in the County’s employer-employee relations program or, those with access to highly confidential information and involvement with matters of significant impact to County operations.
(11) SPECIALIZED PEACE OFFICER UNIT.
Definition: Shall include classifications of employees qualifying as “peace officers” as that term is defined in the California Penal Code who are entitled to a separate “peace officer” only unit pursuant to Government Code § 3508, excepting therefrom those “peace officers” as defined in §§ 830.1 and 830.3(b) of the California Penal Code who qualify as a “County peace officer” as defined in § 31469.1 of the County Employees’ Retirement Law of the California Government Code and excluding the classifications of Probation Officer I, Probation Officer II and Probation Officer III. Such classifications are so assigned to the unit by the Board of Supervisors due to the nature of the work being directly related to the limited law enforcement function which work does not involve work of a supervisory or management nature as described herein.
(12) SPECIALIZED PEACE OFFICER SUPERVISORY UNIT.
Definition: Shall include classifications of employees qualifying as “peace officers” as that term is defined in the California Penal Code who are entitled to a separate “peace officer” only unit pursuant to Government Code § 3508, excepting there from those “peace officers” as defined in §§ 830.1 and 830.3(b) of the California Penal Code who qualify as “County peace officer” as defined in § 31469.1 of the County’s Employees’ Retirement Law of the California Government Code; and, having responsibility for implementing program requirements; formulating, administering, and managing County policies and programs; or, having authority, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, evaluate, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or to effectively recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical in nature, but requires the use of independent judgment.
(13) ATTORNEY UNIT.
Definition: Shall include classifications in the District Attorney, Public Defender and Child Support Departments, excluding classifications in the Supervisory Unit and Exempt Group, requiring admission to the State Bar of California, and requiring the performance of legal work that is either predominantly intellectual, philosophical, or largely governed by conceptual understandings, and varied in character, involving continuing exercise of independent discretion and judgment and work performance, and requiring specialized knowledge and skills equivalent to that obtained by a prolonged course of intellectual instruction in a law school.
(14) NURSES UNIT.
Definition: Shall include all classifications of employees defined as being in the classified service pursuant to the Personnel Rules for the County of San Bernardino, excluding classifications in the Supervisory Nurses Unit and Exempt Group, requiring licensure by the Board of Registered Nursing as a registered nurse, and are so assigned to the unit by the Board of Supervisors due to the nature of work being directly related to the practice of nursing as defined in Business and Professions Code § 2725 which work does not involve work of a supervisory or management nature as described herein.
(15) SUPERVISORY NURSES UNIT.
Definition: Shall include all classifications of employees, excluding classifications in the Nurses Unit and Exempt Group, requiring licensure by the Board of Registered Nursing as a registered nurse and: having responsibility for implementing program requirements, formulating, administering, and managing County policies and programs; or, having authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, evaluate, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or to effectively recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(16) PER DIEM NURSES UNIT.
Definition: Shall include the classifications of Interim Permit Nurse - Per Diem, Registered Nurse I – Per Diem, Registered Nurse II – Per Diem, ARMC Float Pool Nurse – Per Diem and employees who are authorized to work as an Interim Permit Nurse, excluding classifications in the Supervisory Nurses Unit, Nurses Unit, Exempt Group, and those employees working pursuant to an individual contract.
(17) PROBATION UNIT.
Definition: Shall include the classifications of Probation Officer I, Probation Officer II and Probation Officer III. Such classifications are assigned to the unit by the Board of Supervisors due to the nature of the work and does not involve work of a supervisory or management nature as described herein.
(b) The County shall have the exclusive right to allocate any classification established subsequent to the assignments herein to an authorized employee representation unit(s). The right to determine units and assign classifications to such units is the exclusive right of the County subject to the provisions of this Chapter of the County Code.
(c) The foregoing units are determined to be authorized employee representation units based upon relationships within the classification structure and treatment unique to these units as to similar type of grievances, common application of benefits and working conditions, factors used in rating performance; impact of achieving an effective level of employee representation, historical employer-employee relationships; the numerical size of the unit, desires of employees, the relationship of the unit to organizational structure of the County, and the effect on the existing classification structure of dividing a single class among two or more units; the effect of the proposed unit on the efficient operations of the County and the compatibility of the unit with the responsibilities of the County and its employees to serve the public; and, the effect that the unit will have on employer-employee relations emphasizing the availability and authority of County representatives to bargain effectively with the exclusive recognized employee organization. The relevant and overriding consideration in establishing the units is to establish units composed of the largest number of employees that have a community of interest regardless of precise preparatory qualifications, common supervision or interchangeability of skills, and any other relevant factors; provided, however, that sworn peace officers have the right to be included in a unit of representation comprised exclusively of sworn peace officers as provided by State law.
(d) Employees working on a seasonal, temporary or casual basis or students whose primary purpose is educational training shall not be included in any authorized employee representation unit.
(Am. Ord. 3150, passed - -1987; Am. Ord. 3707, passed - -1998; Am. Ord. 3773, passed - -1999; Am. Ord. 3827, passed - -2001; Am. Ord. 3877, passed - -2003; Am. Ord. 3916, passed - -2004; Am. Ord. 3945, passed - -2005; Am. Ord. 3980, passed - -2006; Am. Ord. 3991, passed - -2006; Am. Ord. 4210, passed - -2013; Am. Ord. 4290, passed - -2015)