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Viewing Policy: SP 4140 Bargaining Units



BARGAINING UNITS

 

 

The San Benito County Superintendent of Schools recognizes the right of public school employees to form bargaining units, select an employee organization as the exclusive representative of their unit, and be represented by that organization in their employment relationship with the Department. The County Superintendent is committed to negotiating in good faith with the employee organizations and respecting the rights of employees and employee organizations.

 

The County Superintendent shall negotiate only with the exclusive representative of each bargaining unit.  (Government Code 3543.3)

 

Certificated and classified employees shall not be included in the same bargaining unit. (Government Code 3545)

 

The Department shall not dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it. (Government Code 3543.5)

 

The Department shall not deter or discourage employees or job applicants from becoming or remaining members of an employee organization, authorizing representation by an employee organization, or authorizing dues or fee deductions to an employee organization. The Department nor the employee organization shall impose or threaten to impose reprisals on employees, discriminate or threaten to discriminate against employees, or otherwise interfere with, restrain, or coerce employees because of their membership or nonmembership in an employee organization. (Government Code 3543.5, 3543.6)

 

Management and Supervisory Employees

 

Employees serving in a management, senior management, or confidential position shall not be represented by an exclusive representative. Such employees may represent themselves individually or may be represented by an employee organization whose membership is composed entirely of employees designated as holding those positions, but that organization shall not meet and negotiate with the Department. (Government Code 3540.1, 3543.4)

 

However, the Department may recognize a bargaining unit of supervisors if that unit includes all supervisory employees and if the unit does not represent the employee whom the supervisors supervise.  (Government Code 3545)

 

Management, supervisory, and confidential positions shall be classified as follows: (Government Code 3540.1)

 

  1. Management employee means any employee who has significant responsibilities for formulating Department policies or administering Department programs, and whose position is designated as a management position by the County

 

 

 

BARGAINING UNITS  (continued)

 

 

  1. Supervisory employee means any employee, regardless of job description, having the authority, in the interest of the Department, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, discipline, assign work, direct, adjust grievance of other employees, or effectively recommend that The exercise of this authority shall not be merely routine or clerical in nature, but shall require the use of independent judgment.

 

  1. Confidential employee means any employee who is required to develop or present management positions with respect to employer-employee relations or whose duties normally require access to confidential information that is used to contribute significantly to the development of management

 

Membership

 

The County Superintendent or designee may communicate with Department employees regarding their rights under the law.  Such communications shall be factual and accurate, and may not promise a benefit, threaten a reprisal, or in any way deter or discourage employees from joining an employee organization or paying dues.

 

However, before disseminating to multiple employees any mass communication concerning employees’ right to join or support an employee organization or to refrain from joining or supporting an employee organization, such as a written document or script for oral or recorded presentation or message, the County Superintendent or designee shall meet and confer with the employees’ exclusive representative regarding the content of the communication. If the Department and exclusive representative do not come to agreement on the content of the mass communication, the County Superintendent or designee may disseminate the Department’s mass communication provided that, at the same time, copies of the exclusive representative’s communication, which shall be of reasonable length, are also distributed.  (Government Code 3553)

 

Access to Employee Orientations and Contact Information

 

The Department shall permit employee organizations access to new employee orientations where newly hired employees are advised, whether in person, online, or through other means or mediums, of their employment status, rights, benefits, duties, responsibilities, or any other employment-related matters. The Department shall provide employee organizations at least 10 days’ notice in advance of an orientation. However, in any specific instance where an unforeseeable, urgent need critical to the Department’s operation prevents the required 10 days’ notice, a shorter notice may be provided.  (Government Code 3555.5, 3556)

 

The structure, time, and manner of the access to new employee orientations shall be determined by mutual agreement of the Department and the exclusive representative, following a request to negotiate by either party. If the Department and exclusive representative fail to reach an agreement, matters related to the access to new employee orientation shall be subject to compulsory interest arbitration. The Department and employee organization may mutually agree to submit any dispute to compulsory interest arbitration at any time. In addition, if any dispute arises during negotiations and is not resolved within 45 days after the first meeting or within 60 days after the initial request to negotiate, whichever is earlier, either party may make a demand for compulsory interest arbitration. When any such dispute arises during the summer when the Department’s administrative office is closed, the timeline shall commence on the first day the administrative office reopens. The decision of the arbitrator shall be final and binding on the parties.  (Government Code 3556, 3557)

 

The date, time, and place of the orientation shall not be disclosed to anyone other than employees, the exclusive representative, or a vendor that is contracted to provide a service for purposes of the orientation.  (Government Code 3556)

 

The County Superintendent or designee shall provide an exclusive representative with the name, job title, department, work location, telephone numbers (work, home, and personal cell phone), personal email address(es) on file with the Department and home address of any newly hired employee in the bargaining unit, within 30 days of hire or by the first pay period of the month following hire. In addition, the County Superintendent or designee shall provide the same information in regard to all employees in the bargaining unit to an exclusive representative at least every 120 days, unless more frequent or detailed lists are required by agreement with the exclusive representative.  (Government Code 3558, 6254.3)

 

However, the County Superintendent or designee shall not disclose the home address and any phone numbers on file for employees performing law enforcement-related functions, nor shall he/she disclose the home address, home or personal cell phone number(s), or personal email address(es) of any employee who is a participant in the Safe at Home address confidentiality program pursuant to Government Code 6207 or any employee who provides written request that the information not be disclosed for this purpose. Following receipt of a written request, the Department shall remove the employee’s home address, home and personal cell phone numbers, and personal email address from any mailing list maintained by the Department unless the list is only used to contact the employee.  (Government Code 3558, 6207, 6254.

 

Membership Dues or Other Payments to an Employee Organization

 

 

When drawing an order for the salary or wage payment of a bargaining unit employee of an employee organization, the Department shall deduct any amount which has been requested by the employee in a revocable written authorization for the purpose of paying dues or other payments for any service, program, or committee provided or sponsored by the employee organization.  (Education Code 45060, 45168)

 

An employee organization that certifies that it has and will maintain individual employee authorizations shall handle and process employee written authorizations for payroll deductions. When an employee organization provides such a certification to the Department, the Department shall rely on information from the employee organization regarding the amounts of such payroll deductions and from which employees. The employee organization shall not be required to submit to the Department a copy of the written authorization in order for the payroll deductions to be effective. However, when there is a dispute about the existence or terms of the written authorization, a copy of the employee’s written authorization shall be submitted to the Department. The employee organization shall indemnify the Department for any employee claims regarding payroll deductions made by the Department in reliance on notification from the employee organization.  (Education Code 45060, 45168)

 

When an employee organization which has declined to certify that it will handle and process employee written authorizations makes a request for payroll deductions, the Department shall request a copy of the employee’s written authorization before making the payroll deductions.  (Education Code 45060, 45168)

 

A written authorization shall remain in effect until expressly revoked in writing by the employee and pursuant to the terms of the written authorization.  Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to the employee organization rather than the Department. The employee organization shall be responsible for processing these requests.  The Department shall rely on the information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed. The employee organization shall be required to indemnify the Department for any claims made by an employee for deductions made by the Department in reliance on information from the employee organization.  (Education Code 45060, 45168)

 

 

Legal Reference: EDUCATION CODE

45060-45061.5  Deduction of fees from salary or wage payment, certificated employees

45100.5  Senior management positions

45104.5  Abolishment of senior classified management positions

45108.5  Definition of senior classified management employees

45108.7  Waiver of provisions of 45108.5

45168 Deduction of fees from salary or wage payment, classified employees

 GOVERNMENT CODE

3540-3549.3 Educational Employment Relations Act

3550-3552 Prohibition on public employers deterring or discouraging union membership

3555-3559 Public employee communication, information and orientation

6205-6210 Confidentiality of addresses for victims of domestic violence, sexual assault or stalking

6254.3  Disclosure of employee contact information to employee organization

CODE OF REGULATIONS, TITLE 8

33015-33490 Recognition of exclusive representative; proceedings 33700-33710 Severance of established unit

34020  Petition to rescind organizational security arrangement 34055  Reinstatement of organizational security arrangement

COURT DECISIONS

Janus v. American Federation of State, County and Municipal Employees, Council 31, (2018) 138 S.Ct. 2448

Friedrichs v. California Teachers Association, et al., (2016) 136 S.Ct. 1083

County of Los Angeles v. Service Employees International Union, Local 721, (2013) 56 Cal. 4th  905

Management Resources: CSBA PUBLICATIONS

Collective Bargaining DVD-ROM

Maximizing School Board Governance: Collective Bargaining Before the Strike: Planning Ahead in Difficult Negotiations, 1996 WEB SITES

CSBA: http://www.csba.org

California Federation of Teachers: http://www.cft.org California School Employees Association: http://www.csea.com California Teachers Association: http://www.cta.org

Public Employment Relations Board: http://www.perb.ca.gov

 

 

 

Policy Approved: 12-12-18