SIDE LETTER AGREEMENT
Between County of San Mateo and
Service Employees International Union Local 521
Re: Anti-Bullying Policy
This Side Letter Agreement is entered into by and between the County of San Mateo (“County”) and the Service Employees International Union Local 521 (“Union”).
This letter is effective immediately and shall expire upon the County’s adoption of a County-wide Anti-Bullying Policy. By this side letter, the parties agree as follows:
The County proposes to adopt the following new County-wide policy. The County will present the proposed policy to all labor organizations and will offer the opportunity to meet and confer as provided by law through a joint process involving all participating labor organizations no later than thirty (30) days from ratification by the Board of Supervisors of this successor agreement. The parties furthermore agree to adopt a policy, upon agreement, no later than January 1, 2023. Until such time the County adopts a County-wide, Anti-Bullying policy, the following terms shall be in effect for regular employees represented by the Union:
The County of San Mateo considers workplace bullying unacceptable and will not tolerate it under any circumstances. It is the policy of the County that all employees should be able to work in an environment free of bullying.
It is the County’s expectation that all communication and interaction between County employees will, at all times be professional, courteous and respectful.
Workplace bullying is defined as behavior that harms, intimidates, offends, degrades or humiliates an employee, possibly in front of other employees, clients or members of the public.
Examples of bullying include, but are not limited to;
- Profane or disrespectful language
- Hostile and rude behavior and speech
- Derogatory remarks or comments about an employee’s appearance or job performance, angry outbursts or yelling
- Name calling
- Throwing anything at or toward an employee
- Retaliation against any person who has reported disruptive behavior
Managers and supervisors must take reasonable measures to prevent workplace bullying, and to respond promptly if it is identified to address and prevent future instances.
The County has processes and investigative procedures to deal with workplace bullying. Any reports of workplace bullying will be treated seriously and investigated promptly, confidentially (within limits) and impartially. All employees are encouraged to report workplace bullying. Retaliation against any employee who is a target of bullying behavior, as well as any employee who makes complaints about or participated in any investigation or administrative process related to a complaint of workplace bullying is prohibited.
Employees who feel they are being bullied should report any such activity to their supervisor immediately. If the employee is not comfortable reporting the activity to their supervisor, or the supervisor is the subject of the complaint, the employee should report the conduct to their manager.
If the issue is not resolved at this level, the employee may submit a written statement to the next level manager or to the EEO or Employee Relations Divisions of Human Resources who will oversee an investigation of the allegation. The written statement should include factual information of recent event(s) including name of employee raising the complaint, dates, times, witnesses (if any) location and the circumstances of the event. Human Resources may not be able to investigate allegations that are more than twelve (12) months old, or those which do not contain the name(s) of the reporting party, or sufficient specifics to be properly investigated. Human Resources may contact the reporting party for additional information if necessary and will work with departments to investigate and resolve complaints.
Disciplinary action, up to and including dismissal from County service, may be taken against anyone who bullies a co-employee or retaliates against an employee that has reported workplace bullying.