This chapter shall be known as the “Employee Relations Ordinance of Madera County.” (Ord. 369 § l(part), 1973).

It is the purpose of this chapter to establish formal policies and procedures which will provide for the orderly and systematic consideration of employee relations matters regarding wages, hours and other terms and conditions of employment between the county and its employees and their recognized employee organizations. It is also the purpose of this chapter to provide a uniform basis for recognizing the right of county employees to join employee organizations of their own choice and to be represented by such organizations in all matters related to their employment relationship with the county, including but not limited to hours, wages, and other terms and conditions of employment. (Ord. 369 § l(part), 1973).

Except when the context otherwise requires, the following definitions given in this section govern the construction of this chapter:
A. “Certified employee organization” means an employee organization that has been certified by the board of supervisors as representing the majority of the employees in an appropriate employee representation unit.
B. “Confidential employee” means any employee who is privy to discussions of county management affecting employer-employee relations.
C. “Consult” means to communicate verbally or in writing for the purpose of presenting and obtaining views or advising of intended actions.
D. “County” means the county of Madera, a political subdivision of the state of California and refers to the board of supervisors, the governing body of the county.
E. “County management” means the county administrative officer, department heads, employee supervisors and other representatives of management having delegated written authority to act for the county on any matters relating to the implementation of this chapter.
F. “Day” means calendar day unless otherwise stated.
G. “Employee” means any person in the classified service employed by the county who is occupying a permanent position, or is provisionally appointed to a federally funded position.
H. “Employee organization” means any organization which includes employees of the county which has as one of its primary purposes representation of such employees in their employment relationships with the county.
I. “Employee relations” means the employment relationship between the county and its employees and their employee organizations.
J. “Management personnel” means any county personnel having significant responsibilities in formulating and administering county policies and programs and includes the county administrative officer, department heads and any other employees who are so designated by the county administrative officer.
K. “Management representative” means the county administrative officer or any person or persons designated by him in writing to meet with representatives of certified or registered employee organizations.
L. “Meet and confer in good faith” means the process through which the county, or such representatives as it may delegate in writing, and representatives of a certified employee organization are mutually obligated to personally meet and confer in order to exchange freely information, opinions and proposals on matters within the scope of representation; and to endeavor to reach agreement on matters within their authority, or on a joint recommendation to the board of supervisors on matters within the board’s decision making authority.
M. “Memorandum of understanding” means a written memorandum incorporating matters on which agreement is reached in the meeting and conferring process between the county management representative and representatives of a certified employee organization. The memorandum shall be presented to the county board of supervisors as a recommendation for its determination.
N. “Payroll deduction” means an arrangement under which the county deducts from the salary of the employee sums of money authorized by law for various purposes, including employee organization dues.
O. “Professional employee” means one whose work is predominantly intellectual and varied in character, requires exercise of discretion and judgment and knowledge of an advance nature customarily acquired at an institution of higher learning and of such a character that the output or results accomplished cannot be standardized in relationship to a given period of time, and as defined in Section 3507.3 of the Government Code.
P. “Registered employee organization” means an employee organization which has formally registered with the county as an employee organization that represents employees of the county in accordance with Section 2.63.060.
Q. “Representation unit” means a unit composed of county employees for the purposes of employee representation and which has been established in accordance with Section 2.63.070.
R. “Representative” means a person who is authorized and designated in writing by a certified or registered employee organization to represent the organization in dealing with the county. (Ord. 369 § l(part), 1973).

A. Employees of the county shall have the right to form, join and participate in the activities of employee organizations of their own choosing, for the purpose of representation on all matters of employer-employee relations including but not limited to wages, hours and other terms and conditions of employment.
B. Employees shall have the right to refuse to join or participate in the activities of employee organizations.
C. Employees shall have the right to be free from intimidation, restraint, coercion, interference, discrimination or reprisal because of their exercise of any of the rights herein enumerated or granted by law. (Ord. 369 § 2, 1973).

A. In order to maintain the efficiency of county operations, the county, through its management representatives, shall retain the right, in accordance with applicable laws and regulations to manage and supervise its employees as follows:
1. To hire, promote, transfer, assign, classify positions, retain employees, and to suspend, demote, discharge or take other disciplinary action against employees;
2. To lay off or demote employees from duties because of lack of work, lack of funds, in the interest of economy, or other legitimate reasons;
3. To determine the policies, standards, procedures, methods, means and personnel by which county operations are to be conducted;
4. To take whatever actions may be necessary to carry out the mission of the county in situations of emergency;
5. To limit or prohibit the right of employees in certain positions or classes of positions from forming, joining or participating in employee organizations as provided in Sections 3507.5 and 3508 of the California Government Code, and designating such employees in the current schedule of departments and authorized positions adopted by resolution;
6. Nothing in this policy shall be construed to interfere with the county’s right to manage its operations in the most economical and efficient manner consistent with the best interests of all the citizens, taxpayers, and employees of the county.
B. Management Representatives. The county administrative officer is hereby designated as management representative for the board of supervisors for employer-employee matters. The management representative shall not grant or concede rights or privileges which are in conflict with this policy to an employee or employee organization without prior written approval of the board of supervisors. (Ord. 369 § 3, 1973).

Each organization claiming to represent employees of the county shall file with the county administrative officer the following information:
A. Name and mailing address of the organization, its local officers and/or representatives;
B. The names and mailing addresses of each area state, national association and other organizations with which it is directly affiliated;
C. Certified and complete copies of the articles of incorporation or constitution, the by-laws and any other written rules or regulations governing the organization, along with all amendments thereto;
D. The names and addresses of each person authorized to represent the organization and its members with the county.
All statements and accompanying documents shall be signed and certified by the president and secretary of the organization. Upon receipt of all the above information together with a list of employees claimed to be represented, the county shall recognize the organization for purposes of consultation. By October 1st of each year, employee organizations claiming to represent employees of the county shall file any amendments or changes to the above required information. Employee organizations seeking formal recognition as the certified representative of an appropriate unit must, in addition, satisfy the requirements set forth in Section 2.63.080. (Ord. 369 § 4, 1973).

Representation units shall be determined as set forth in this section. Within thirty days after the effective date of the ordinance codified herein, the county administrative officer shall prepare and file with the county civil service commission a proposal for the establishment of representation units. Copies of the representation unit proposal shall be furnished to all organizations that have complied with the filing provisions of Section 2.63.060.
Within thirty days after filing of the proposed representation units by the county administrative officer, any organization which has complied with the provisions of Section 2.63.060 may file a petition with the civil service commission for establishment of a unit or units which differ or conflict with the units proposed by the county administrative officer.
Petitions shall describe the proposed representation unit in detail and state the number of employees in the proposed unit eligible for inclusion therein.
The civil service commission shall conduct a hearing within fifteen days at which all employee organizations, their representatives and county employees may present testimony concerning the representation units proposed. The commission shall render a decision within thirty days. The following standards shall be applied by the civil service commission in determining appropriate representation units:
A. The unit shall include the broadest feasible group of employees who share a community of interest. Factors to be considered shall also include the extent to which employees have similar working conditions, educational requirements, job classifications and duties;
B. The unit shall contribute to sound employee-employer relations;
C. Consideration shall be given to the effect of the unit on the efficient operation of county services;
D. No employee in a class number as designated by the salary ordinance shall be included in more than one representative unit, except when included in a management or confidential unit and another unit;
E. Professional employees, as defined by Section 3507.3 of the Government Code, may be included in a separate unit;
F. Management and confidential employees are restricted from representing any employee organization, which represents other employees of the county, on matters within the scope of the representation;
G. Management and confidential employees shall not be included in an unit which included employees other than management or confidential.
Representation units established in accordance with this section shall remain in effect until changed by the civil service commission or appeals board and in any event shall remain in effect for not less than twelve months from the date said representation unit became operative.
Petition for modification of established units in accordance with this chapter may be filed by county management, or registered employee organization(s) within the thirty-day period immediately following the effective date of the ordinance codified herein and thereafter may be filed within the thirty-day period immediately preceding the last six months of the memorandum of understanding for the units proposed for modification, but not less often than once every three years. Employee organizations proposing modifications to units that will result in moving a class or classes from one unit to another must show proof of membership of the employees in such classes, using the provisions of Section 2.63.080.
The civil service commission shall determine the relationship between existing representation units involving the addition of new job classifications, or the deletion of job classifications from the classification plan. Unit allocation of new job classifications shall be subject to the appeals procedure hereinafter set forth.
There shall be an appeals board to which any ruling of the civil service commission on unit determination and allocation of new job classifications may be appealed. All appeals must be filed with the county administrative officer within fifteen days after the decision by the civil service commission. The appeals board shall consist of two members appointed by the county, two members appointed by all registered employee organization(s) and a fifth member who shall act as chairman, to be selected by the four appointees. Appointments to the appeals board shall be made within fifteen days after the time the appeal period has expired. In the event the appointed members fail to select the fifth member within the prescribed period, they shall be dismissed and new appointments made by the county and employee organization(s).
The appeals board shall hold a hearing on all appeals within thirty days after formation and render a decision within fifteen days thereafter. The decision of the appeals board shall be final and binding. (Ord. 369-B § 1, 1993: Ord. 369 § 5, 1973).

A. Any employee organization that has complied with the requirements of Section 2.63.060, may file application with the civil service commission for certification as a majority representative in an appropriate unit. The application shall:
1. Identify the established representation unit for which the employee organization seeks majority representation rights;
2. Be accompanied by proof of employee membership approval of not less than thirty percent of the employees within the representation unit. Employee approval may be shown by:
a. Evidence of current employee organizational dues deduction within the unit; or
b. Authorization cards.
B. The civil service commission shall give written notice of the filing of the application to the employees of the involved representation unit, and to any employee organization that has filed a written request for such notice.
C. Within thirty calendar days of the date of such notice, other employee organizations may file challenging applications seeking to become the majority representative within the representation unit. Challenging applications must be accompanied by either authorization cards, or evidence of organizational dues deduction within the unit of not less than ten percent of the employees within the representation unit.
D. The civil service commission shall order a secret ballot election whenever a qualified application is filed. If challenging applications are filed in accordance with this chapter, the civil service commission shall include challenging employee organizations on the ballot.
E. All elections shall include the choice “no organization” on the ballot.
F. Employees entitled to vote in a representation election shall be those employees, as defined in this chapter, within the representation unit whose names appeared on the county payroll for the payroll period immediately prior to the date of election.
G. In an election where none of the choices receives a majority of the valid ballots cast, a run-off secret election shall be conducted between the two choices receiving the largest and second largest number of valid ballots cast.
H. An employee organization shall be certified by the board of supervisors as the majority representative for any representation unit if elected by a majority of those casting valid ballots in an election pursuant to this section.
I. There shall be no more than one representation election in a twenty-four-month period among the same group of employees.
J. If at least thirty percent of the employees in a representation unit make written application to the secretary of the civil service commission requesting decertification of a certified employee organization and/or certification of an employee organization other than the organization currently certified, the commission shall order a secret ballot election on the question. The board of supervisors shall certify, as a certified employee organization, any organization receiving the majority of votes cast. If a majority of the votes favors decertification of a certified employee organization, the board of supervisors shall decertify the organization. Applications may be filed between January 1st and March 1st; provided, however, that no application to decertify a certified employee organization may be filed for at least two years after the date of the organization’s certification.
K. All elections held pursuant to this section shall be held and conducted by the State Conciliation Service, and any cost of such an election shall be borne by the county in the event the State Conciliation Service does not incur the obligation.
L. The employee organization certified to represent a majority of the employees in an appropriate unit shall be granted formal recognition as the only organization entitled to meet and confer on matters within the scope of representation for employees in the unit. This shall not preclude other employee organizations granted informal recognition, or individual employees, from consulting with management representatives on employer-employee relations matters of concern to them. (Ord. 369A § 1, 1981; Ord. 369 § 6, 1973).

The board of supervisors, after a public hearing, may revoke its recognition of any employee organization which violated any federal, state, or county law, any judicial order, any rules adopted herein for orderly and responsible employer-employee relations, or any provisions included in an agreement between the county and the certified employee organization. (Ord. 369 § 7, 1973).

A certified employee organization shall have the right to represent its members in all matters relating to employment conditions and employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment; except, however, the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity. (Ord. 369 § 8, 1973).

Certified employee organizations shall have the following rights and privileges:
A. The right to represent its members before the board of supervisors, the civil service commission, or any appropriate management representative in matters regarding employment conditions or employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment, as provided in Government Code Section 3505;
B. The right to reasonable notice and appropriate information in advance of matters affecting its membership as set forth in subdivision A of this section. However, in emergencies, the board of supervisors may take action on a particular item without such advance notice; provided that such notice shall be furnished as soon as practicable;
C. The right to be heard prior to the resolution of any matter set forth in subdivision A of this section;
D. The right to a reasonable amount of time during regular working hours or at such other times as the board may direct, to represent its members before the board of supervisors, appropriate management representatives, or the civil service commission on matters set forth in subdivision A of this section; such time allowance during regular working hours to be limited to a maximum of two employee members, except that the board of supervisors may direct that additional employees be allowed to attend specific meetings;
E. The right to have payroll deductions made for membership dues for units in which they are certified whenever such employee organization has payroll deduction authorizations. When so authorized by the board of supervisors lump sum deductions may be made which shall include membership dues deduction. The cost to the county for the handling of such deductions shall be fixed by the county auditor, and such fixed cost shall be paid by a certified employee organization in such manner as determined by said auditor;
F. The right to the reasonable use of existing bulletin board space in each building or department at a location agreed upon by the organization and the department, under the following conditions:
1. material shall be posted on space as designated by the county department head,
2. posted material shall bear the identity of the organization,
3. posted material shall not be misleading, contain any deliberate misstatements or violate any federal, state or county laws,
4. material shall be neatly displayed and shall be removed by the county department head when no longer timely;
G. The privilege of using county facilities for meeting purposes only, provided that appropriate advance arrangements are made. An appropriate charge may be made to offset the cost of such use;
H. The right to have an authorized representative contact members of his organization in county facilities and leave literature and material for distribution; provided he has first made arrangements with the department head, or his representative, to provided for a time which does not disrupt county business. This right does not extend to contacting county employees who are not members of his organization on county time. County time shall not be used for the distribution of literature or materials. (Ord. 369 § 9, 1973).

Any employee organization as defined in Section 3501(a) of the California Government Code, that complies with applicable regulations established in this policy, may represent its members to the extent provided in Section 3503 of the Government Code. This section applies to organizations other than a certified employee organization. (Ord. 369 § 10, 1973).

The county, through its designated representatives, shall meet and confer in good faith with certified employee organizations regarding wages, hours, and other terms and conditions of employment.

The county shall be represented in its employment relations with recognized employee organizations by the county administrative officer, and such other county officials as deemed necessary.

Certified employee organizations shall meet with the county administrative officer in an effort to solve employment relations problems before requesting to appear before the board of supervisors. When a certified employee organization requests that a matter be placed on the board’s agenda, a written report specifying the problem and the desired action shall be filed with the clerk of the board of supervisors, at least ten days prior to the date requested for appearance. (Ord. 369 § 11, 1973).

When the meeting and conferring process is concluded between the county administrative officer and a certified employee organization, all agreed upon matters shall be incorporated in a written memorandum. The memorandum shall not be binding and will be presented to the board of supervisors for determination. (Ord. 369 § 12, 1973).

County employees may seek adjustment of grievances, and may appeal disciplinary actions in accordance with civil service rules. (Ord. 369 § 13, 1973).

In their dealings with each other, management and employee organization shall be prohibited from the following practices:
A. Management.
1. Interfering with, restraining or coercing any employee in the exercise of the rights assured by the Government Code or the county employer-employee relations policy;
2. Encouraging or discouraging membership in any employee organization by discrimination in regard to hiring, tenure, promotions or other conditions of employment;
3. Dominating or interfering with the administration, policies, and programs of an employee organization or its members’ participation therein;
4. Disciplining or otherwise discriminating against any employee because he has filed a complaint or given testimony under Chapter 2.54 or the provisions of this employer-employee relations policy;
5. Refusing to accord appropriate recognition to an employee organization qualified for such recognition;
6. Refusing to hear, consult, or meet and confer in good faith with a certified employee organization as required by Government Code Section 3505.
B. Employee Organization.
1. Interfering with, restraining, or coercing any employee in the exercise of rights assured by the Government Code, or the county employer-employee relations policy;
2. Attempting to induce department heads to coerce any employee in the enjoyment of his rights under the county employer-employee relations policy and/or the Government Code;
3. Coercing, attempting to coerce, or disciplining any member of an organization which results in hindering or impeding the performance of his duties;
4. Discriminating against any employee with regard to the terms or conditions of membership because of race, color, creed, sex or national origin;
5. Work stoppage or other disruptive activities which are detrimental to the conduct of the county’s affairs;
6. Unauthorized use of county facilities;
7. Refusing to consult, or meet and confer in good faith with management representatives of the county as required by Government Code Section 3505. (Ord. 369 § 14, 1973).

A. All requests and reasons for addition, amendment or modification of the employer-employee relations policy shall be submitted in writing to the county administrative officer. The county and the employee organization may propose amendments to this chapter after consultation in good faith.
B. Written notification of such meeting shall be sent by the county administrative officer to the interested parties stating the time, date and place of such meeting.
C. Failure to attend such scheduled meeting by a representative of a recognized employee organization or present a written statement shall be construed as passive agreement to whatever recommendations may be made by the group reviewing the request.
D. After reviewing the request, the management representative shall prepare a recommendation to the board of supervisors.
E. Proposed changes to the policy shall be submitted to the board of supervisors for determination. (Ord. 369 § 15, 1973).

The county administrative officer may prescribe procedures for the orderly conduct of this policy. Such procedures shall be consistent with all applicable rules and regulations and agreements, and shall be submitted to the board of supervisors for approval. (Ord. 369 § 16, 1973).

The civil service commission of Madera County is established by initiative ordinance. It shall be the responsibility of this commission to receive all matters relating to salaries and administration of the civil service system as set forth in Chapters 2.54 and 2.57 and to make such determinations or recommendations as are provided by law. Any proposal of the employee organization affecting either salaries or civil service rules and regulations shall be in writing specifying the particular items proposed. The proposal shall be submitted to the county administrative officer, who will submit it with recommendations to the civil service commission at its next meeting. (Ord. 369 § 17, 1973).

Any violation of this chapter by any commission, officer of the county, or other individual shall give the person adversely affected the right to appeal to the board of supervisors for finding and determination. (Ord. 369 § 18, 1973).