The County and the exclusive recognized employee organization for each authorized employee representation unit shall meet and confer in good faith in an attempt to reach agreement on all matters within the scope of representation that are brought forward for consideration. Where agreement is not reached through the meet and confer process, dispute settlement procedures have been established to facilitate resolution of unresolved negotiation items.
(a) Negotiation Procedure for Initial and Successor Memoranda of Understanding. The collective bargaining process between the County and an exclusive recognized employee organization shall consist of (1) meeting and conferring in good faith; (2) mediation of unresolved issues by a mediator, upon mutual agreement by both parties, who acts in the role of an impartial third party; and/or (3) fact-finding of issues at impasse. Any costs associated with mediation and/or fact-finding shall be divided equally between the parties.
(1) Meet and Confer.
In the event the County or an exclusive representative intends to initiate negotiations for a successor memorandum of understanding, it shall serve written notice of that intent upon the other party during the time period specified in the existing memorandum of understanding. Where no time period is established, a party to a memorandum of understanding who intends to initiate negotiations for a successor agreement must serve written notice of that intent upon the other party at least five months prior to the expiration date of any existing or continued memorandum of understanding. Written notice of intent to initiate negotiations shall also include that party's written bargaining proposals.
Upon receipt of timely notice of intent to initiate negotiations, the exclusive representative and County shall promptly commence the collective bargaining process and shall continue to meet and confer in good faith for a reasonable period in an attempt to reach agreement on all matters within the scope of representation proposed to be incorporated into the memorandum of understanding.
(2) Mediation and Fact-Finding. Mediation, upon mutual agreement by both parties, and fact-finding shall be available to the County and the exclusive recognized employee organization in accordance with the procedures set forth in Government Code §§ 3505.2, 3505.4, 3505.5, and 3505.7, as amended, and applicable Public Employment Relations Board (PERB) Regulation sections.
(3) Implementation of Last, Best, Final Offer. Any implementation by the County of its last, best, and final offer shall comply with the procedures set forth in Government Code § 3505.7, as amended. The County may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding.
(4) Adoption of Executed Agreement. Once tentative agreement has been reached on all items of negotiation, the exclusive recognized employee organization and Employee Relations Division shall prepare a written memorandum of understanding incorporating all negotiated agreements. After the Employee Relations Division has been notified by the exclusive representative that it has ratified the proposed written memorandum of understanding, the exclusive recognized employee organization and Employee Relations Division shall execute such written memorandum of understanding which shall be submitted to the Board of Supervisors. If the Board of Supervisors adopts the executed written memorandum of understanding, it shall become binding on the County and exclusive representative.
(b) Meet and Confer Obligations During Term of Memorandum of Understanding.
(1) Advanced Notice of Proposed Changes. Subject to the provisions of any current memorandum of understanding in full force and effect, and except in cases of emergency, each exclusive recognized employee organization affected shall be given a reasonable advance notice of change(s) to any ordinance, rule, regulation, or proposal relating to matters within the scope of representation proposed to be adopted by the County and shall be given the opportunity to meet with the County regarding such matters. In cases of emergency, when the County determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with an exclusive recognized employee organization, the County shall provide such notice and opportunity to meet at the earliest time following adoption of such emergency ordinance, rule, resolution, or regulation.
(2) Process. The parties shall meet in good faith regarding the proposed changes. If, after a reasonable period, the Employee Relations Division and the exclusive representative are unable to resolve matters within the scope of representation, then mediation, upon mutual agreement by both parties, and any other dispute resolution procedures required under applicable law, shall be available to the parties.
(c) Other Considerations.
(1) Salary Considerations. In consideration of setting salary rates, the parties shall include, but not be limited to the following factors: retention, recruitment, internal relationships, prevailing wages, and comparable public and/or private sector.
(2) Nothing herein shall preclude any of the parties to the negotiation procedure from making a presentation to the Board of Supervisors at a public meeting, subject to any mutually agreed upon ground rules.
(3) Mediation and fact-finding proceedings shall be treated as confidential.
(4) Furnishing Information and Documents Pertaining to Employment Relations. The County and employee organizations will provide requested information and/or documents that are necessary and relevant to negotiating or enforcing a collective bargaining agreement except as otherwise provided by applicable law.
(Am. Ord. 3707, passed - -1998; Am. Ord. 3991, passed - -2006; Am. Ord. 4210, passed - -2013; Am. Ord. 4290, passed - -2015)