Title
Human Resources Department recommending the Board adopt and authorize the Chair to sign Resolution 111-2019 repealing and replacing the County of El Dorado Employee-Employer Relations Resolution 10-83, Employee Relations Amendment 112-86, Employee Relations Amendment 106-2005, Employee Relations Amendment 107-2005, and Recognition Resolution 100-2016. (Est. Time: 5 Min.)
FUNDING: N/A
Body
On January 11, 1983, the Board of Supervisors adopted the Employee Employer-Relations Resolution (EERR) 10-83 implementing Meyers-Milias-Brown Act (MMBA) by establishing procedures and rules for administration of employee-employer relations between the County of El Dorado and its employee organizations and for resolving matters affecting employment. In subsequent years, as new bargaining units were formed and the EERR was further amended by resolutions 112-86, 106-2005, 107-2005, and 100-2016, to recognize these units and their respective authorized employee organizations.
Over the past year, Human Resources conducted a comprehensive review of the EERR and received input from the authorized agents of represented bargaining units and from County Counsel. Given the length of time since the EERR was adopted, there are several revisions to align with changes in the MMBA and recent federal and state law. A summary of the changes, which is not inclusive, is below:
• Amend existing language in the Statement of Purpose to reflect that the EERR is intended to strengthen civil service and other methods of administering employer-employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations, and the County, and reflect the MMBA.
• Add Management Rights statement that is meant to be descriptive of the County rights, and not exhaustive.
• Amended Definitions such as:
a. Consult/Consultation in Good Faith
b. Employee Organizations
c. Exclusive Representative
d. Meet and Confer in Good Faith
e. Memorandum of Understanding
f. Proof of Employee Support
• Amend existing language in:
o Election Procedures to prescribe the process if the parties cannot agree as to the time, place, and manner of the election.
o Streamline Procedure for Decertification of Recognized Employee Organization.
o Clarify that the Employee Relations Officer shall have the discretion to form and define bargaining units, based on the procedures specified in this Resolution.
o Filing of Recognition Petition by Employee Organization subsection (h) to include religion, age, sexual orientation, mental or physical disability or medical condition, military or veteran status, gender identity or expression, or genetic information.
• Delete agency shop provisions consistent with federal and state law.
• Add language to Impasse Procedures. Otherwise, the parties can utilize any other impasse procedures provided in accordance with the MMBA.
ALTERNATIVES
The Board could choose not to adopt the revised EERR and instead direct Human Resources to work with all stakeholders to make revisions.
PRIOR BOARD ACTION
The County of El Dorado Employee-Employer Relations Resolution 10-83 was last amended by resolution 100-2016, on June 14, 2016, Legistar item 16-0638. It was previously amended by Resolutions 107-2005 and 106-2005 on April 26, 2005, and by Resolution 112-86 on May 6, 1986.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Public Employees, Local # 1; Operating Engineers, Local #3; El Dorado County Probation Officers Association, El Dorado County Deputy Sheriff's Association; El Dorado County Law Enforcement Management Association; El Dorado County Deputy County Counsel Association; El Dorado County Criminal Attorneys' Association; El Dorado County Managers' Association; and County Counsel
CAO RECOMMENDATION / COMMENTS
It is recommended the Board approve this item.
FINANCIAL IMPACT
No financial Impact.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Upon Board approval, please provide Katie Lee in Human Resources with a copy of the fully executed Resolution.
STRATEGIC PLAN COMPONENT
Good Governance
CONTACT
Tameka Usher, Director of Human Resources