The Public Employee Relations Board (PERB) has original jurisdiction over charges alleging unfair labor practices, which involve County employees, other than peace officers who are exempted by Government Code § 3511 and management employees, and is solely responsible for the adjudication of such charges.
(a) It shall be an unfair labor practice for the County:
(1) To impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this Chapter.
(2) To dominate or interfere with the formation of any employee organization or contribute financial support to it, provided the rights recognized or granted to employee organizations in this Chapter shall not be construed as financial support.
(3) To refuse, or fail to meet and confer in good faith with representatives of an exclusive recognized employee organization on matters within the scope of representation.
(4) To fail to exercise good faith while participating in any impasse procedure authorized under § 13.0210.
(5) To deny exclusive recognized employee organizations rights guaranteed to them by this Chapter.
(6) To violate any negotiations ground rule agreed to by the parties.
(7) To lock out employees of the County.
(8) To cause or attempt to cause any exclusive recognized employee organization to violate § 13.0211(b).
(9) To violate any provision of this Chapter.
(b) It shall be an unfair labor practice for an employee organization or its representatives or members:
(1) To cause or attempt to cause the County to violate § 13.0211(a).
(2) To impose or threaten to impose reprisals on employees, to discriminate or threaten to discriminate against employees, or otherwise to interfere with, restrain, or coerce employees because of their exercise of rights guaranteed by this Chapter, or failure to represent all employees in the appropriate unit fairly and impartially in good faith.
(3) To refuse, or fail to meet and confer in good faith with County officials on matters within the scope of representation, when the employee organization involved is an exclusive recognized employee organization.
(4) To fail to exercise good faith while participating in any impasse procedure authorized under § 13.0210.
(5) To violate any negotiations ground rule agreed to by the parties.
(6) To call for or conduct a boycott or induce or encourage any person or entity to cease performing services or doing business with the County on account of any jurisdictional work dispute.
(7) To violate any provision of this Chapter.
(c) Charges of an unfair labor practice may be initiated by the County, by a representative of any employee organization, or by an individual employee or unrepresented group of employees.
(1) For those employees under the jurisdiction of the PERB, such charges shall be filed with the PERB within six months of the occurrence of the conduct alleged to be an unfair labor practice. Such charge shall contain:
(A) The “charging party’s” name, address and telephone number;
(B) The name, address and telephone number of the party alleged to have committed the unfair labor practice (the “respondent”);
(C) The section(s) of the Government Code the charging party believes have been violated;
(D) The section(s) of this Chapter alleged to have been violated.
(E) A clear and concise statement (including dates, names, places, etc.) of the conduct, which the charging party asserts, constitutes an unfair practice.
(2) For those employees who are peace officers and not subject to the jurisdiction of the PERB pursuant to Government Code § 3511 and for those charges for which PERB denies jurisdiction, such charges shall be processed consistent with the procedure in the applicable memorandum of understanding. Such charges shall be submitted in writing to the Employee Relations Division within six months of the occurrence of the conduct alleged to be an unfair labor practice and shall contain:
(A) The charging party’s name, address and telephone number;
(B) The name, address and telephone number of the party alleged to have committed the unfair labor practice (the “respondent”);
(C) The section(s) of the Government Code the charging party believes have been violated;
(D) The section(s) of this Chapter alleged to have been violated.
(E) A clear and concise statement (including dates, names, places, etc.) of the conduct, which the charging party asserts, constitutes an unfair labor practice.
(d) For charges filed under § 13.0211(c)(2), a hearing officer/arbitrator, selected jointly by the County and the affected parties shall conduct a hearing to determine whether a party has engaged in an unfair labor practice and shall advise the parties of his/her decision and, if appropriate, shall recommend corrective action, and/or the imposition of penalties, subject to the approval of the Board of Supervisors. Costs for the arbitrator shall be shared equally by the parties. Such costs do not include the costs incurred in the use of any employees, agents or attorneys.
(Am. Ord. 3707, passed - -1998; Am. Ord. 3991, passed - -2006; Am. Ord. 4210, passed - -2013; Am. Ord. 4290, passed - -2015)