In 18. Labor Relations

MOUs are found online at http://hr.smcgov.org/memorandum-understanding-mou American Federation of State, County and Municipal Employee (AFSCME) Healthcare positions (excluding Physicians, Registered Nurses, and Clerical/Support positions) Institutional Services (Cooks, Dietitians, Food Service Workers, etc.) Parks Department (excluding Clerical & Support positions) Planning Department (excluding Clerical & Support positions) Plant and Equipment Maintenance positions (Custodians, Stationary Engineers, Utility Workers, etc.) Human Services positions (Benefits Analysts, Social Workers, Deputy Public Guardians, etc) Public Safety Dispatchers Telephone Operators AFSCME Extra-Help Building and Construction Trades (BCTC) Road Maintenance Workers, Road Equipment Operators, Equipment Mechanics, Plumbers, Electricians, Painters, Carpenters, Locksmiths California Nurses’ Association (CNA) Registered Nurses Deputy Sheriff’s Association (DSA) Safety: DeputyRead More →

In 18. Labor Relations

[DATE] [UNION PERSON] [UNION NAME] [ADDRESS] Dear [UNION PERSON]: We have been experiencing problems with weekend registrations in our customer service center. We are required to provide registration coverage 24 hours per day and 7 days per week. Currently, staff are assigned weekends on a rotating basis (four weekends on and four weekends off). The problem we are encountering is with sick calls. Currently, when someone calls in sick, it is up to either the service center supervisor or the on-duty staff to call around and see if anyone is willing to come in and cover. We have experienced situations where no staff is availableRead More →

In 18. Labor Relations

Be alert to the usual causes of potential grievances, and correct minor irritations promptly. Be familiar with the MOU(s) and other written policies/agreements. Do not knowingly violate the MOU. When a mistake is made, take ownership and move to promptly correct it. Stay informed about what is going on in your unit. Take an active role in monitoring morale and be available to help solve problems. Encourage and respond to constructive suggestions. Don’t make promises you can’t keep or you don’t have the authority to deliver. Follow through on what you do promise. Keep the union informed about what is going on that may beRead More →

In 18. Labor Relations

Meet with upper management and/or Human Resources to finalize the plan. Analyze proposed changes and alternatives that were made at the meeting, and incorporate them if they allow you to reach your objective without incurring excess cost or experiencing operational problems. In your file, document the specific reasons why any proposed change/alternative has not been incorporated into the plan. This documentation will assist you later if your final plan is questioned, or if unforeseeable issues arise during implementation. If you do not have union agreement on the plan you intend to implement, contact Employee & Labor Relations to discuss this process and receive guidance onRead More →

In 18. Labor Relations

Start the meeting by explaining the proposed change and the reasons for the change. You should use the comparison document you prepared as a guide to assist you in explaining the change, and you might also prepare an outline of the plan to share with those in attendance. It is essential to remember that you must participate in this meeting in good faith. The Meyers-Milias-Brown Act, governing management-labor relationships in California local governments, mandates that you shall have the “obligation personally to meet and confer promptly upon request” and “continue for a reasonable period of time in order to exchange freely information, opinions, and proposals,Read More →

In 18. Labor Relations

You can expect a union representative, the union steward and one or more affected employees to attend. The union gets to select which employees attend, and often employees selected may not be those that will be directly impacted. Management can object to the number of employees if it impacts coverage or other operational needs. Management may have one or more representatives attend. Generally, Department Heads do not attend, as they might be required to review any final decision that is made. Management also has the option of asking Employee & Labor Relations to send a representative to attend.Read More →

In 18. Labor Relations

It is important that you adequately prepare so that you present yourself at the meeting as being organized and knowledgeable about the specifics of the change and the reasons for the change. It is essential that management be able to explain the issue that is generating the need for the change. We recommend that prior to the meeting you develop a document (or chart) that illustrates how the unit operates now, and how the unit will operate after the change. You might use separate pages for each or do a side-by-side comparison chart. Additionally, you should list the primary reasons for the change, and theRead More →

In 18. Labor Relations

After consulting with Employee & Labor Relations, notify the employee organization(s) of the change in writing. The notice should describe the proposed change in detail and explain why the change is being planned. The written notice should be sent a minimum of four weeks before the proposed implementation date, providing two weeks for the employee organization(s) to receive the letter and decide if they want to meet, and at least two additional weeks to schedule a meeting or meetings. In cases involving major or complex changes, more time should be allowed as multiple meetings may be necessary. Please see Sample Notice to Union(s). If notRead More →

In 18. Labor Relations

The need to provide employee organization(s) with advance notice and an opportunity to “meet and confer” is triggered any time the management of a department or sub-unit of a department plans to make a workplace change, and that change is likely to affect represented employees in some manner, even if the represented employees have agreed to the change. Workplace changes include issues involving wages, hours, and other terms and conditions of employment. Some examples of common situations that would trigger the need to notify employee organizations and meet and confer if requested, include the following: Establishing or adjusting a departmental sick leave policy Example: ManagementRead More →

In 18. Labor Relations

All County Departments and Divisions are covered and these guidelines should be considered and used by all County management staff. One or more employee organizations may be involved, depending on the issue and which employees are likely to be affected.Read More →

In 18. Labor Relations

As part of the County’s relationship with the employee organizations, and as required by California law, management must provide reasonable advance written notice to employee organizations whenever it intends to implement a rule or workplace change that will likely affect employees in that department or unit. San Mateo County has incorporated this requirement into each of its Memoranda of Understanding (MOUs). At the employee organization’s request, management has the obligation to meet and confer regarding the matter before implementation occurs, even if you have involved the employees in developing the planned changes and they are in agreement.Read More →

In 18. Labor Relations

By statute and contract, unions have the right to be notified about planned changes in the terms and conditions of employment, and to meet and express their views prior to implementation of the changes. Management has a duty to meet in good faith and to give full consideration to the opinions and suggestions of unions in the meet and confer process. The Employee & Labor Relations Division is available for consultation regarding the process for meeting and conferring with employee organizations when there is a rule or workplace change that impacts that organization’s employees, from the initiation of this process to conclusion. Please consult withRead More →

In 18. Labor Relations

MMB allows unions to negotiate a provision which requires all employees in the representation unit who are not dues-paying members to pay the union an “Agency Shop” or “Service” fee in lieu of dues. The Agency fee is generally a slightly lower amount than membership dues since it cannot, by law, include the percentage of dues the union uses for political activities. Agency shop payers must, by law, receive the same representation as dues paying members, except that they are not entitled to participate in union elections or to participate in votes to ratify/reject MOUs.Read More →

In 18. Labor Relations

When a meeting is being held for which release time is provided, the union sends a written request to Employee & Labor Relations indicating the date, time, and nature of the meeting, and the name of the employee(s) to be released. The MOUs state that requests are to be submitted at least two working days prior to the meeting “whenever possible.” We have reminded all employee organizations of the two-day notification requirement and advised them that failure to provide two days notice may result in denial of the request. Employee & Labor Relations reviews the request to determine whether the meeting fits the criteria forRead More →

In 18. Labor Relations

The “Weingarten” decision states that an employee is entitled to representation at any meeting where an investigatory interview is being conducted and where the employee might reasonably believe that the interview could lead to disciplinary action. The employee must request such representation – there is no obligation to advise the employee of this right. Please see Section 8F for more information on Weingarten rights.Read More →

In 18. Labor Relations

Stewards are entitled to reasonable paid official time (also called “release time”) to represent employees in investigations or at grievance meetings, to attend meetings where matters affecting employees’ “terms and conditions” of employment are discussed, and to “meet and confer” on issues involving the unit. For instance, the budget hearings conducted by the Board of Supervisors are matters affecting the terms and conditions of employment, and stewards would be entitled to reasonable release time to attend such meetings. Similarly, if a department planned on making a change to working conditions, a steward(s) would be entitled to attend a meeting to “meet and confer” over theRead More →

In 18. Labor Relations

Unions generally have paid employees known as “business agents,” “field representatives,” “labor representatives,” “worksite organizers,” etc. These individuals are employed and paid by the union. These business agents generally represent the larger interests of the organization, such as bargaining MOUs, representing employees during disciplinary hearings, and seeking new members. Union stewards differ from business agents in that they are employees of the County, not of the union. They are elected or are appointed by the union membership to serve as representatives of the larger body of employees in the portion of the unit they represent. Stewards are frequently involved in working with employees on informalRead More →

In 18. Labor Relations

MMB provides employees the right to choose a union to represent them in matters of wages, hours and other terms and conditions of employment. MMB also requires that management “meet and confer” or “consult” with elected representatives. Management must provide the union reasonable advance notification of any change in personnel policies, practices or working conditions, and afford the union an opportunity to meet with management prior to implementing any such change.Read More →

In 18. Labor Relations

“Labor Relations” refers to interactions between an employer (management) and an employee organization (union). For public sector employers in the State of California, the Meyers-Milias-Brown Act (MMB) governs labor relations. The MMB’s purpose is to “promote full communication between public employers and their employees by providing a reasonable method of resolving disputes regarding wages, hours, and other terms and conditions of employment.” The MMB expresses general principles and rights. The San Mateo County Employer-Employee & Labor Relations (EER) Policy defines how these principles and rights are implemented by providing specific procedures for certifying and decertifying employee organizations, conducting representation elections, and other issues relating toRead More →