The Board of Supervisors shall decide the bargaining unit appropriate for the purposes of collective bargaining. In determining the appropriateness of each bargaining unit, the Board shall consider the factors specified in § 13.0205(c). A representation unit does not have to be the most appropriate unit, only an appropriate unit.
(a) Modification of Existing Units. The unit modification process is used to consolidate existing bargaining units or to sever classifications from an existing unit to create a new separate unit or to expand the existing unit by adding new classifications. An existing authorized employee representation unit may be modified upon petition of the Employee Relations Division of the Human Resources Department or an employee organization. Unit modification is used when all or a substantial number of the total positions are removed from an existing authorized employee representation unit and placed in a new or existing authorized employee representation unit. The existing unit proposed to be modified and/or the proposed new unit must be appropriate standing alone.
(1) Unit Modification Proposed by Employee Relations Division.
(A) Content and Timing of Statement. The Employee Relations Division may, at any time, propose that an existing authorized employee representation unit be modified by filing a statement with the Director of Human Resources containing the following:
(I) The basis for the proposed modification; and
(II) A description of the bargaining unit proposed specifying the classifications to be removed from the existing authorized employee representation unit(s) and placed in a separate authorized employee representation unit.
(B) Notice of Proposed Unit Modification. Upon receipt of the statement from the Employee Relations Division, the Director of Human Resources shall:
(I) Advise all employees in the proposed new authorized employee representation unit of such proposed unit modification by posting notice at appropriate work locations for 30 days; and
(II) Shall serve notice of the filing to all exclusive recognized employee organizations.
(C) No Challenges to Appropriateness of Proposed Unit. If no challenge is filed by an employee organization within 30 days after service of the notice of the filing of the petition, the Director of Human Resources shall submit the proposed bargaining unit modification to the Board of Supervisors.
(D) Challenges to the Appropriateness of Proposed Unit. Within 30 days after service of the notice of the filing of the petition, a challenge may be filed, in writing, with the Director of Human Resources by an employee organization. A challenge by an employee organization shall state the grounds upon which such employee organization has an interest. In addition, the challenge shall clearly indicate the reasons why the proposed unit modification is not appropriate. Any challenge shall be accompanied by proof of support of ten percent or more of the employees proposed to be removed from an existing authorized employee representation unit, provided, however, that the incumbent exclusive representative shall not be required to provide proof of support in order to file a challenge. “Proof of support”, for purposes of this section, shall mean individually signed employee authorization cards dated within the 30 day challenge period setting forth the intent of the employees with respect to representation by the employee organization.
(E) Hearing on Challenges. Upon receipt of a challenge to the appropriateness of the unit, a hearing officer shall be selected by the County from the hearing officer panel established pursuant to § 13.0206(e) to conduct a hearing. Following the hearing, the hearing officer shall issue an advisory opinion and award that:
(I) Grants or denies the challenge; or
(II) Recommends modification of the authorized employee representation unit proposed by the Employee Relations Division. If the hearing officer recommends modification, consolidation and/or the creation of a new authorized employee representation unit, as applicable, the Director of Human Resources shall submit the recommendation to the Board of Supervisors.
(F) Creation of New Employee Representation Unit. A newly authorized employee representation unit shall be created upon approval of the Board of Supervisors.
(2) Unit Modification Proposed by Employee Organization.
(A) Content and Timing of Petition.
An employee organization may propose that an existing authorized employee representation unit be modified by filing a petition with the Director of Human Resources. Such petition shall be filed during the 30 day period beginning not earlier than 360 days and ending not later than 330 days before the expiration date of any memorandum of understanding covering classifications in the authorized employee representation unit proposed to be modified or at any time after expiration of such memorandum of understanding.
A petition for modification shall contain:
(I) The name and street address of the employee organization.
(II) The name, title, mailing address and business telephone numbers of the employee organization’s principal representative.
(III) A statement of the reasons why the unit modification is appropriate.
(IV) A statement that the employee organization has no restriction on membership based on race, color, creed, national origin, sex, age, physical handicap, marital status, sexual orientation or political affiliation.
(V) A statement that the primary purpose of the employee organization is to represent employees on matters concerning wages, hours, and other terms and conditions of employment.
(VI) A statement as to whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such organization.
(VII) Certified copies of the employee organization's constitution and by-laws.
(VIII) The date of expiration of any memorandum of understanding or extension of such memorandum.
(IX) A description of the unit proposed by the employee organization specifying the classifications to be removed from the existing authorized employee representation unit(s) and placed in a separate authorized employee representation unit.
(X) Individually signed employee authorization cards dated within 30 days prior to the filing of the petition which show proof of support of 40 percent or more of the employees within the proposed new authorized employee representation unit, including 40 percent of the employees proposed to be removed from an existing unit and placed in the proposed new unit. Such signed employee authorization cards shall clearly set forth the intent of the employee with respect to representation by the employee organization and support for the proposed unit modification.
(B) Response and Notice of Filing of Petition.
(I) Upon receipt of the petition, the Director of Human Resources shall expeditiously determine whether or not there has been compliance with the requirements of § 13.0206(a)(2)(A).
(II) If after the initial determination the proof of support is insufficient, the Director of Human Resources may allow up to ten days to perfect the proof of support. Upon completion of the review of support, the Director of Human Resources shall inform the parties in writing of the final determination as to the sufficiency or lack thereof regarding the proof of support.
(III) If an affirmative determination is made by the Director or Human Resources, it shall:
(1) Advise all employee in the proposed new authorized employee representation unit of such proposed unit modification by posting notice at appropriate work locations for 30 days; and shall
(2) Serve notice of the filing to the Employee Relations Division, the petitioner(s) and all exclusive recognized employee organizations.
(C) Contest to the Determination that the Petition is not in Compliance. If the Director of Human Resources determines that the petition is not in compliance with the requirements of § 13.0206(a)(2)(A), the Director of Human Resources shall so notify the petitioning employee organization. If the petitioning employee organization disputes the finding that the petition was not in compliance, it may file a contest, in writing, with the Director of Human Resources within 30 days after service of notice that the petition was not in compliance. If the contest is not granted by the Director of Human Resources, a hearing officer shall be selected by the County from the hearing officer panel established pursuant to § 13.0206(e) to conduct a hearing to determine compliance with the process provided for in this section. Following the hearing, the hearing officer shall grant or deny the contest. If the hearing officer finds the petition was not in compliance with the requirements of § 13.0206(a)(2)(A), the petition shall be dismissed. If the hearing officer finds that the petition was in compliance, the petition shall be processed in accordance with this Section.
(D) Amendment of Petition.
(I) A petition may be amended to correct technical errors or to add or delete job classifications from the proposed unit at any time prior to the issuance of a notice of hearing pursuant to § 13.0206(a)(2)(G). The amendment shall be filed with the Director of Human Resources and provide the information required in § 13.0206(a)(2)(A).
(II) In addition, amendments to add new job classifications to a proposed unit shall be subject to the following: additional proof of support, if needed to maintain standing as a petitioner, shall be filed with the Director of Human Resources concurrently with the amendment. The Director of Human Resources shall expeditiously determine the adequacy of the proof submitted.
(III) Amendments to correct technical errors or to add or delete job classifications from the petitioner’s proposed unit which are requested after the issuance of a notice of hearing pursuant to § 13.0206(a)(2)(G) are subject to approval by the hearing officer. The hearing officer may grant the requested amendment, so long as it will not serve to unduly impede the hearing and provided that sufficient proof of support is evidenced to support any request for addition of job classifications.
(E) No Challenges to Appropriateness of Proposed Unit. If no challenge is filed within 30 days after service of the notice of the filing of the petition, the Director of Human Resources shall submit the proposed bargaining unit modifications to the Board of Supervisors.
(F) Challenges to the Appropriateness of Proposed Unit. Within 30 days after service of the notice of the filing of the petition, a challenge may be filed, in writing, with the Director of Human Resources by an employee organization or the Employee Relations Division. A challenge by an employee organization or the Employee Relations Division shall state the grounds for the challenge clearly indicating the reasons why the proposed unit modification is not appropriate. Any challenge filed by an employee organization must also be accompanied by proof of support of ten percent or more of the employees proposed to be removed from an existing authorized employee representation unit, provided, however, that the incumbent exclusive representative shall not be required to provide proof of support in order to file a challenge. “Proof of support,” for purposes of this Section, shall mean individually signed employee authorization cards dated within the 30 day challenge period setting forth the intent of employees with respect to representation by the employee organization.
(G) Hearing on Challenges. Upon receipt of a challenge to the appropriateness of the unit, a hearing officer shall be selected by the County from the hearing officer panel established pursuant to § 13.0206(e) to conduct a hearing and notice of the hearing shall be provided to all parties by the Employees Relations Division. Following the hearing, the hearing officer shall:
(1) Grant or deny the challenge; or
(2) Recommend modification of the authorized employee representation unit proposed by the employee organization. If the hearing officer recommends modification, consolidation and/or the creation of new authorized employee representation unit, as applicable, the Director of Human Resources shall submit such recommendation to the Board of Supervisors.
(H) Creation of New Employee Representation Unit. The recommendation of the hearing officer regarding modification, consolidation and/or the creation of new representation units are subject to and effective upon approval of the Board of Supervisors.
(b) Clarification of Existing Authorized Employee Representation Units. The unit clarification process is used to determine whether a particular classification is included or excluded (i.e., should be added to or deleted) from an existing authorized employee representation unit based upon the existing unit description and the duties of the classification in question. Unit clarification is only appropriate if the number of positions to be added or removed is substantially smaller than the number of employees in an existing unit so as to not create a question as to the majority status of the incumbent exclusive representative. In the absence of a question of majority representation, a petition for clarification of an existing unit may be filed by the Employee Relations Division or by an exclusive representative.
(1) Content and Timing of Petition. An exclusive recognized employee organization or the Employee Relations Division, at any time, may file a petition, with the Director of Human Resources, to clarify whether a particular classification is placed in the appropriate bargaining unit based on the existing unit description specified in § 13.0205(a).
(A) A petition for clarification filed by an exclusive representative must contain:
(I) he name and street address of the exclusive representative.
(II) The name, title, mailing address and business telephone number of the exclusive representative’s principal representative.
(III) A listing of the classifications and the number of employees to be added to and/or removed from an existing authorized representation unit.
(IV) A statement that the petitioning employee organization is an exclusive recognized employee organization.
(V) The reasons why the petitioning exclusive representative seeks clarification.
(B) A petition for clarification filed by the Employee Relations Division must contain:
(I) A listing of the classifications and the number of employees to be added to and/or removed from an existing authorized employee representation unit.
(II) The reasons why the Employee Relations Division seeks clarification.
(2) Response and Notice of Filing of Petition. Upon receipt of a petition for clarification, the Director of Human Resources shall determine (1) whether or not the proposed clarification is appropriate and (2) whether there has been compliance with the requirements of § 13.0206(b)(1). If both criteria are met, the Director of Human Resources shall then (1) advise all employees in the classifications proposed to be assigned to a different representation unit by posting notice at appropriate work locations for 30 days; and (2) serve notice of the filing to all exclusive representatives of petitioned-for employees if different from the petitioning exclusive representative and the Employee Relations Division unless the petition was filed by the Employee Relations Division. The provisions regarding amending petitions in § 13.0206(a) are applicable to petitions filed under § 13.0206(b).
(3) No Contest to Petition or Challenges to the Proposed Unit Clarification. If the Director of Human Resources determines that the proposed clarification is appropriate and the petition is in compliance and there has been no challenge filed by any exclusive representative of the petitioned-for employees or the Employee Relations Division within 30 days after service of the notice of the filing of the petition, the Director of Human Resources shall submit the proposed unit clarification to the Board of Supervisors.
(4) Contest to Director of Human Resources Determination and Challenges to the Proposed Unit Clarification. Within 30 days after service of the notice of filing of the petition, a challenge or contest may be filed, in writing, with the Director of Human Resources by any exclusive representative of the petitioned-for employees or the Employee Relations Division. A challenge or contest shall clearly indicate the reasons or basis for the challenge or contest.
(5) Hearing on Challenges. Upon receipt of a challenge to the appropriateness of the clarification or contest to the determination of the Director of Human Resources, a hearing officer shall be selected by the County from the hearing officer panel established pursuant to § 13.0206(e) to conduct a hearing. Following the hearing, the hearing officer shall grant or deny the challenge and/or contest. If the hearing officer recommends that a classification be added to an existing authorized employee representation unit or be removed from one authorized employee representation unit and placed in another, the Director of Human Resources shall submit such recommendation to the Board of Supervisors.
(c) Establishment of New Units. A newly authorized employee representation unit, comprised of unrepresented classifications not assigned to an authorized employee representation unit, may be created upon petition of an employee organization in instances where accretion of the unrepresented classifications into an existing unit is not appropriate pursuant to the unit clarification process. A newly created unit established under this section shall be subject to and consistent with the requirements of § 13.0205.
(1) Content and Timing of Petition.
An employee organization may, at any time, propose that a newly authorized employee representation unit, comprised of unrepresented classifications, be created by filing a petition with the Director of Human Resources.
A petition for unit creation shall contain:
(A) The name and street address of the employee organization.
(B) The name, title, mailing address and business telephone numbers of the employee organization’s principal representative.
(C) A statement of the reasons why a new unit is appropriate.
(D) A statement that the organization has no restriction on membership based on race, color, creed, national origin, sex, age, physical handicap, marital status, sexual orientation or political affiliation.
(E) A statement that the primary purpose of the employee organization is to represent employees on matters concerning wages, hours, and other terms and conditions of employment.
(F) A statement as to whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such organization.
(G) Certified copies of the employee organization's constitution and by-laws.
(H) A description of the unit proposed by the employee organization specifying the classifications to be included.
(I) Individually signed employee authorization cards dated within 30 days prior to the filing of the petition, which show proof of support of 40 percent, or more of the employees within the proposed new authorized employee representation unit. Such signed employee authorization cards shall clearly set forth the intent of the employee with respect to representation by the employee organization and the proposed unit composition.
(2) Response and Notice of Filing of Petition. Upon receipt of the petition, the Director of Human Resources shall expeditiously determine whether or not there has been compliance with the requirements of § 13.0206(c)(1). If an affirmative determination is made by the Director of Human Resources, it shall:
(A) Advise all employees in the proposed new authorized employee representation unit by posting notice at appropriate work locations for 30 days; and
(3) Contest to the Determination that the Petition is not in Compliance. If the Director of Human Resources determines that the petition is not in compliance with the requirements of § 13.0206(c), the Director of Human Resources shall so notify the petitioning employee organization. If the petitioning employee organization contests the finding that the petition was not in compliance, it may file a contest, in writing, with the Director of Human Resources within 30 days after service of notice that the petition was not in compliance. If the contest is not granted by the Director of Human Resources, a hearing officer shall be selected by the County from the hearing officer panel established pursuant to § 13.0206(e) to conduct a hearing to determine compliance with the process provided for in this Section. Following the hearing, the hearing officer shall grant or deny the contest. If the hearing officer finds that the petition was not in compliance with the requirements of § 13.0206(c), the petition shall be dismissed. If the hearing officer finds that the petition was in compliance, the petition shall be processed in accordance with this Section.
(4) No Challenges to Appropriateness of Proposed Unit. If no challenge is filed by any employee organization or the Employee Relations Division within 30 days after service of the notice of the filing of the petition, the Director of Human Resources shall submit the proposed new authorized employee representation unit to the Board of Supervisors.
(5) Challenges to the Appropriateness of Proposed Unit. Within 30 days after mailing notice of the filing of the petition, a challenge may be filed, in writing, with the Director of Human Resources by an employee organization or the Employee Relations Division. A challenge by an employee organization or the Employee Relations Division shall state the grounds for the challenge, clearly indicating the reasons why the proposed new unit is not appropriate. Any challenge filed by an employee organization shall be accompanied by proof of support of ten percent or more of the employees in the newly proposed authorized employee representation unit unless the challenging employee organization is the incumbent representative of employees in the proposed unit. “Proof of support” for purposes of this Section shall mean individually signed employee authorization cards dated within the 30 day challenge period setting forth the intent of employees with respect to representation by the employee organization.
(6) Hearing on Challenges. Upon receipt of a challenge to the appropriateness of the unit, a hearing officer shall be selected by the County from the hearing officer panel established pursuant to § 13.0206(e) to conduct a hearing. Following the hearing, the hearing officer shall:
(1) Grant or deny the challenge; or
(2) Recommend modification of the proposed new authorized employee representation unit. If the hearing officer recommends the creation of new authorized employee representation unit, the Director of Human Resources shall submit such recommendation to the Board of Supervisors.
(7) Creation of New Authorized Employee Representation Unit. The recommendation of the hearing officer regarding modification, consolidation and/or the creation of new representation units is subject to and effective upon approval of the Board of Supervisors.
(d) Assignment of New Classifications to Representation Units. The unit assignment process is used to determine the placement of a newly created classification in an authorized employee representation unit based upon the existing unit descriptions and duties of the new classification.
(1) Placement of New Classification in Appropriate Representation Unit. Human Resources shall review the duties of any proposed new job classifications in relation to the existing unit descriptions contained in § 13.0205(a) and shall recommend placement of all new job classifications in an appropriate authorized employee representation unit. A newly created job classification shall be assigned to an authorized employee representation unit upon approval by the Board of Supervisors.
(e) Hearing Officer Panel. The County will establish and maintain a Hearing Officer Panel that will contain the names of five hearing officers. Employee organizations may make recommendations for hearing officers. In order to be on the panel, the Hearing Officer must be a third party neutral who is not employed by either a public entity or an employee organization; must have experience as a hearing officer or arbitrator in disputes regarding the composition and determination of bargaining units; and must agree to be on the panel. The hearing officer shall preside at the hearing, rule on the admission and exclusion of evidence and on procedural matters, and shall exercise all other powers relating to the administration of the hearing, unless expressly provided otherwise in this Chapter. The costs of the hearing officer shall be shared equally by the County and any participating employee organizations. Such costs do not include the costs incurred in the use of any employees, agents, or attorneys.
(Ord. 3991, passed - -2006; Am. Ord. 4210, passed - -2013; Am. Ord. 4290, passed - -2015)