SEC. 16.200. TITLE OF ORDINANCE.
This Ordinance shall be known as the Employee Relations Ordinance of the City and County of San Francisco.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010;
Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.201. STATEMENT OF PURPOSE. The purpose of this Ordinance is to promote full communication between the City and County of San Francisco and its employees, to promote the improvement of personnel management and employer employee relations within City and County government by implementing the recognition and other provisions of the Meyers-Milias-Brown Act ("MMBA"), California Government Code §§ 3500, et seq., to provide a uniform basis for recognizing the right of City and County employees to join employee organizations of their own choice, and to be represented by such organizations in their employment relationship with the City and County, and to provide a reasonable non-exclusive method of resolving disputes between the City and County and those employees and employee organizations not subject to the jurisdiction of the California Public Employment Relations Board.
Nothing contained herein shall be deemed to supersede the provisions of the City and County Charter, ordinances, or Civil Service Commission rules establishing and regulating the civil service system; provided, however, that amendments to existing ordinances and Civil Service Commission rules may be proposed through utilization of the meeting and conferring process.
The provisions of this Ordinance shall be consistent with the terms of the MMBA and shall not supersede any conflicting provision of any collective bargaining agreement during its term.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010;
Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.202. DEFINITIONS. Unless the context requires otherwise, the words and phrases set forth in Sections 16.202.1 through 16.202.171, inclusive, shall have the meanings respectively ascribed to them in said sections.
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SEC. 16.202.1. "Confidential employee" means an employee who is privy to recommendations or decisions of City and County management affecting employee relations.
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SEC. 16.202.2. "Consult" means to communicate verbally or in writing between management and registered employee organizations, the exclusive representative, or, if applicable, individual employees, for the purpose of presenting and obtaining views or advising of intended actions.
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SEC. 16.202.3. “Days” means calendar days.
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SEC. 16.202.4. "Employee organization" means any organization or joint council of organizations which includes employees of the City and County, and which has as one of its purposes representing such employees in their relations with the City and County.
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SEC. 16.202.5. "Bargaining unit" means a unit established pursuant to Section 16.210 of this Ordinance.
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SEC. 16.202.6. "Management employee" means any employee, as designated by the Human Resources Director or designee, who has a high degree of policymaking and managerial responsibility with respect to the formulation, coordination, interpretation and execution of policy, including but not limited to the direction and supervision of subordinates.
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SEC. 16.202.7. "Mediation" means effort by an impartial third party to assist in reconciling a dispute between an appointing power and a recognized employee organization over a matter subject to meeting and conferring through interpretation, suggestion and advice.
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SEC. 16.202.8. "Meet and confer in good faith" means that representatives designated by the City and County and representatives of recognized employee organizations, shall have the mutual obligation personally to meet and confer in order to exchange freely information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation.
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SEC. 16.202.9. "Commission" means the Civil Service Commission of the City and County of San Francisco as established pursuant to Section 10.100 of the San Francisco Charter.
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SEC. 16.202.10. "Professional employees," for the purpose of this Ordinance, means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and various types of physical, chemical, and biological scientists.
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SEC. 16.202.11. "Exclusive Representative" means an employee organization which, in accordance with the MMBA, has been:
(a) chosen by the majority of employees in a bargaining unit to represent them, pursuant to Section 16.211 of this Ordinance; and
(b) certified by the Civil Service Commission pursuant to Section 16.211.
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SEC. 16.202.12. "Registered employee organization" means an employee organization which has been registered with the Human Resources Director or designee, as provided in Section 16.209 of this Ordinance.
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SEC. 16.202.13. "Scope of representation" means matters relating to employment conditions and employee relations, including wages, hours and other terms and conditions of employment. The scope of representation shall not include consideration of the merits, necessity or organization of any service or activity provided by law or executive order.
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SEC. 16.202.14. "Supervisory employee" means any employee, as designated by the Human Resources Director or designee, who has authority to hire, assign, evaluate or discipline other employees, or to adjust their grievances, or effectively to recommend any such action.
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SEC. 16.202.15. "Peace Officer" means an individual elected, appointed, or employed to serve in the position of peace officer as defined in California Penal Code 830.1.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010)
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SEC. 16.203. EMPLOYEE RELATIONS DIVISION. (a) There is hereby created an Employee Relations Division, which shall be placed under the control of the Human Resources Director. The Human Resources Director or designee shall serve as the representative of the City and County of San Francisco in the implementation of those provisions of the MMBA applicable to the City and County of San Francisco and which are not specifically delegated by Charter provision and/or ordinance to a particular officer, board or commission of the City and County. To the extent the powers and duties of the Human Resources Director are transferred to the Municipal Transportation Agency by Charter for job classifications designated as performing service-critical functions or to another officer, board or commission of the City and County by operation of the Charter or ordinance, this Ordinance shall not apply. (b) Nothing contained herein shall be deemed to prevent the City from contracting for the performance of functions carried out by, and/or required of the Employee Relations Division, pursuant to Charter Sections 8.300 and 8.300-1.1
(Amended by Ord. 383-80, App. 8/22/80; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010;
Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
1. So in Ord. 17-12 and previously. For current provisions regarding the Employer-Employee Relations System and the Employee Relations Office, see Art. XI of the 1996 Charter.
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SEC. 16.204. POWERS AND DUTIES OF THE CIVIL SERVICE COMMISSION. In addition to such other powers and duties as it has under the Charter and this ordinance and as may be conferred upon it from time to time by law, the Civil Service Commission shall have the power and duty:
(1) To certify as the exclusive representative of a bargaining unit that employee organization which has been selected by the employees in such bargaining unit pursuant to Section 16.211 of this Ordinance;
(2) To conduct elections to ascertain which employee organization represents a majority of the employees in a particular bargaining unit, or to arrange for the election to be conducted by a mutually agreed upon third party;
(3) To decertify as the exclusive representative an employee organization which has been found by election no longer to be the majority representative in a particular bargaining unit;
(4) To adopt rules and regulations for the conduct of its business and the carrying out of its powers and duties;
(5) To administratively process all matters which require or permit a hearing before an administrative law judge and to the extent necessary make all arrangements for said hearings. The Commission, after review of the facts in any particular dispute, may attempt to obtain the agreement of the parties involved on the disputed issue(s) before the matter is submitted to an administrative law judge.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.205. UTILIZATION OF ADMINISTRATIVE LAW JUDGES. The City and County is hereby authorized to enter into an agreement or contract with the Office of Administrative Hearings, California State Personnel Board, for the purpose of obtaining the services of an administrative law judge. Such agreement or contract shall provide that said administrative law judge shall be responsible for the duties as hereinafter set forth in this Ordinance.
The costs involved in obtaining the services of an administrative law judge as necessitated by this Ordinance shall be borne by the City and County of San Francisco, provided, however, that all expenses incurred by the City and County in utilizing the administrative law judge in processing unfair labor practice complaints shall be divided equally among the parties involved.
The authority of the administrative law judge shall be to the extent as set forth in this Ordinance and in no event shall any decision of the administrative law judge conflict with, alter or attempt to alter the provisions of the Charter or rules and regulations of the Civil Service Commission.
Any costs incurred in transcribing and reporting the proceedings shall be borne by the party requesting such transcribing or reporting, unless a contrary agreement is reached by mutual consent.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.206. MANAGEMENT RIGHTS. The City and County of San Francisco retains all rights as set forth in the provisions in the Charter of the City and County of San Francisco, existing ordinances and civil service rules establishing and regulating the Civil Service System; provided, however, that amendments to said existing ordinances, and civil service rules may be proposed through the meeting and conferring process. The exercise of City and County rights does not preclude employees or exclusive representatives from consulting or raising grievances on decisions which affect wages, hours and other terms and conditions of employment. The City and County reserves the right to take whatever action may be necessary in an emergency situation; however, an exclusive representative affected by the action shall be promptly notified.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.207. EMPLOYEE RIGHTS. Employees of the City and 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 employee relations. Employees of the City and County shall also have the right to refuse to join or participate in the activities of employee organizations. Employees shall also have the right to represent themselves individually in their employment relations with the City and County, consistent with Government Code section 3502. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of his or her exercise of those rights.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.208. DESIGNATION OF MANAGEMENT, SUPERVISORY AND CONFIDENTIAL EMPLOYEES. (a) The Human Resources Director or designee, in consultation with department heads, shall specify the employees who are to be designated as management, supervisory or confidential for the purpose of this Ordinance. Each such person shall be notified by his or her department head of his or her management, supervisory or confidential status. A list of the employees so designated shall be maintained in the office of the Human Resources Director.
(b) If an employee designated as management, supervisory or confidential, or an employee organization, or a department head, disagrees with such designation, the question shall be referred to an administrative law judge for hearing and final determination.
(c) Confidential employees may not represent an employee organization which represents other than confidential employees on matters within the scope of representation.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.209. PROCEDURE FOR REGISTRATION OF EMPLOYEE ORGANIZATIONS. (a) An organization or joint council of organizations which wishes to be registered as an employee organization shall submit to the Human Resources Director or designee a request signed by a duly authorized officer of the organization containing the following information:
(1) Name and address of the employee organization.
(2) Names and titles of its officers, as well as designation of the officials authorized to act as representatives of the organization in employer-employee relations with the City and County.
(3) A statement of whether or not the organization is a chapter or local of, or affiliated with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state, national or international organization.
(4) A copy of its constitution or by-laws, and a statement signed by an officer of the employee organization to the effect that the organization has as one of its purposes representing employees of the City and County in employment relations.
(5) Verification of employee membership in the employee organization which may be shown by employee organization payroll dues deductions or authorization cards signed and dated by employees not more than six months prior to submission.
(6) A designation of those persons residing in California, not exceeding three in number, to whom notice sent by United States mail would be deemed sufficient by the organization for any purpose.
(7) A statement that the organization recognizes and is aware of Government Code Section 3509.
(8) A statement that the organization agrees to abide by all of the provisions of this Ordinance, except that this shall not preclude the right of the organization to challenge by court action any provision it deems to be invalid.
(b) Upon receipt of the petition, the Human Resources Director or designee shall verify that the petition complies with the requirements of this Section and, provided the requirements are met, notify the employee organization within 14 days that it is registered.
(c) The City and County is under no obligation to consult with any employee organizations that do not satisfactorily comply with the requirements of Paragraph (a) of this Section or that have not been certified by the Civil Service Commission as the exclusive representative of a bargaining unit.
(d) Employee organizations must re-register every three years, provided, however, that the exclusive representative of a bargaining unit need not do so.
(e) Should any of the information in subsections (a)(1)-(8) change, the employee organization must update said information with the Civil Service Commission within 30 days.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010;
Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.210. ESTABLISHMENT OF REPRESENTATION UNITS. (a) The Employee Relations Director shall make determinations as to appropriate bargaining units. In the event an employee or employee organization disagrees with the Employee Relations Director's determination, the aggrieved party may, within 60 days from the date of the Employee Relations Director's determination, submit a protest to the Civil Service Commission. The Civil Service Commission will select an administrative law judge who will schedule the matter for a hearing and final determination. In arriving at said determination, the administrative law judge shall consider the factors described in subsection (b) immediately below.
(b) The criteria for determining the appropriateness of bargaining units shall include: the community of interest among employees; the history of employee representation in the unit; the extent to which employees have common knowledge, skill and abilities, working conditions, job duties or similar educational requirements; the need to avoid undue fragmentation of bargaining units; the wishes of the affected employees; and any impact on the City and County's ability to effectively and efficiently deliver services.
(c) All employees throughout the City and County of San Francisco within any of the following categories shall constitute an appropriate representation unit:
Bargaining Unit 1. Operating Engineers
Bargaining Unit 2. Painters
Bargaining Unit 3. Electrical Workers
Bargaining Unit 4. BrickLayers
Bargaining Unit 5. Soft Floor Covering Employees
Bargaining Unit 6. Theatrical Stage Employees
Bargaining Unit 7. Professional and Technical
Bargaining Unit 8. Professional and Technical, SFAPP
Bargaining Unit 9. Pile Drivers
Bargaining Unit 10. Hod Carriers
Bargaining Unit 11. Plumbers
Bargaining Unit 12. Stationary Engineers
Bargaining Unit 13. Roofers
Bargaining Unit 14. Plasterers
Bargaining Unit 15. Sheet Metal Workers
Bargaining Unit 16. Automotive Mechanics
Bargaining Unit 17. Supervising Physician/Dentists
Bargaining Unit 18. Physician/Dentists
Bargaining Unit 19. Miscellaneous Transit
Bargaining Unit 20. Truck Drivers
Bargaining Unit 21. Carpenters
Bargaining Unit 22. Administrative/Clerical
Bargaining Unit 23. Allied Health
Bargaining Unit 24. Security and Investigative
Bargaining Unit 25. Service/Maintenance
Bargaining Unit 26. Specialists/Technical
Bargaining Unit 27. Supervisory
Bargaining Unit 28. Environmental and Natural Sciences
Bargaining Unit 29. Automotive Service Workers
Bargaining Unit 30. Laborers
Bargaining Unit 31. Attorneys
Bargaining Unit 32. Managers
Bargaining Unit 33. Fire Dept. Managers
Bargaining Unit 34. Police Department Managers
Bargaining Unit 35. Iron Workers
Bargaining Unit 36. District Attorney Investigators
Bargaining Unit 37. Deputy Sheriffs
Bargaining Unit 38. Sheriff's Dept. Supervisors
Bargaining Unit 39. Cement Masons
Bargaining Unit 40. Probation Officers
Bargaining Unit 41. Glaziers
Bargaining Unit 42. Registered Nurses
Bargaining Unit 43. H-1 Paramedics
Bargaining Unit 44. Firefighters
Bargaining Unit 45. Fire Dept. Supervisors
Bargaining Unit 46. Professional and Technical, Animal Services
Bargaining Unit 47. Supervising Registered Nurses
Bargaining Unit 48. Police Officers
Bargaining Unit 49. Police Command Staff
Bargaining Unit 50. Chief Building Inspectors
Bargaining Unit 51. Building Inspectors
Bargaining Unit 52. Supervising Probation Officers
Bargaining Unit 53. Supervising Institutional Police Officer
Bargaining Unit 54. Interns and Residents
Bargaining Unit 55. Redevelopment Architects and Engineers
Bargaining Unit 56. Redevelopment Management and Supervisory
Bargaining Unit 57. Redevelopment Professional and Technical
Bargaining Unit 58. Redevelopment Miscellaneous
Bargaining Unit 59. Police Supervisors
(d) Bargaining Units in effect as of the effective date of this Ordinance shall remain unchanged and treated as separate bargaining units unless modified by action of the Employee Relations Director as provided herein. In determining any appropriate representation unit, separate representation shall be granted to any building trade or other craft or group which has historically established separate bargaining units in private industry or the journeymen of which normally attain status through the completion of a substantial period of apprenticeship. In establishing any such craft or group unit, there shall be included all apprentices, journeymen, foremen and general foremen that are customarily included in such craft or group units in negotiated contracts in private industry and shall also include within the separate craft or group unit those positions that have historically been represented by the craft or group organization in the handling of grievances and determination of wages and working conditions with the City and County of San Francisco.
(Amended by Ord. 295-83, App. 5/27/83; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12 , File No. 111067, App. 2/7/2012, Eff. 3/8/2012; Ord. 155-12 , File No. 120635, App. 6/29/2012, Eff. 7/29/2012)
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SEC. 16.211. PROCEDURE FOR RECOGNITION OF EMPLOYEE ORGANIZATION. (a) Any registered employee organization determined by Section 16.209 of this Ordinance may request recognition as the exclusive representative of a bargaining unit by filing with the Civil Service Commission a written statement indicating verification of employee approval in the form of a signed petition, authorization cards, or union membership cards signed and dated by employees not more than six months prior to submission of 30 percent of the employees in the particular bargaining unit.
(b) Unless the provisions of Government Code section 3507.1(c) have been satisfied, the Civil Service Commission shall give written notice to the other registered employee organizations having members in the bargaining unit for which recognition is sought. Within 30 calendar days from the date of such notice, an employee organization with membership in the particular bargaining unit may file a challenging petition seeking to become the exclusive representative of said unit. The challenging statement shall contain verification, in the form of a signed petition, authorization cards, or union membership cards signed and dated by employees not more than six months prior to submission of 30 percent of the employees in the bargaining unit. Upon submission of such verification the challenging employee organization shall be placed on the ballot.
(c) If a challenging petition has been filed, the Civil Service Commission Department shall, within 30 days after the period for filing a challenging petition expires or as soon thereafter as practicable, cause to be conducted a secret ballot election within the bargaining unit to determine which organization, if any, shall be recognized as the exclusive representative of the bargaining unit.
(d) If no challenging petition has been filed, and provided that the provisions of Government Code section 3507.1(c) are not applicable, the Civil Service Commission shall, within 30 days after the period for filing a challenging petition expires or as soon thereafter as is practicable, cause to be conducted a secret ballot election within the bargaining unit to determine which organization, if any, shall be recognized as the exclusive representative of the bargaining unit.
(e) The ballot in any such election shall contain the choice of "no organization." Where there are three or more choices and no one receives a majority of the valid ballots cast, a run-off election shall be conducted between the two choices receiving the largest number of ballots cast.
(f) Employees entitled to vote in a representation election shall be those employees within the bargaining unit with permanent status whose names appear on the last payroll bearing a date which is no less than 30 calendar days prior to the date on which the election is to be held or such other date within the discretion of the Civil Service Commission as may be practicable under the circumstances.
(g) There shall be no more than one valid representation election in a 12 month period within the same bargaining unit.
(h) As an alternative to the procedures outlined above, the provisions of MMBA, Government Code section 3507.1.(c) may be employed to the extent that the requirements of that section are met. The Civil Service Commission will certify an organization as the exclusive representative upon verification that all such requirements are met. A determination as to whether the requirements have been met shall be made in accordance with the provisions of Government Code section 3507.1(c).
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.212. DECERTIFICATION. A decertification petition may be filed with the Civil Service Commission by employees or by an employee organization to determine whether or not the exclusive representative continues to represent a majority of the employees in the bargaining unit. Such petition must be accompanied by proof of employee approval in the form of a signed petition, authorization cards, or union membership cards signed and dated by employees not more than six months prior to submission equal to at least 30 percent of the employees within the bargaining unit, and must be filed within the period between the 90th and 60th day immediately preceding the expiration date of the exclusive representative's existing memorandum of understanding, provided that the existing memorandum of understanding does not exceed a two year period. In the event the existing memorandum of understanding does exceed a two year period, the decertification petition may also be filed within the period between the 90th and 60th day immediately preceding the expiration of the second year of the memorandum of understanding. When such a petition has been filed, the Civil Service Commission shall cause to be conducted a secret ballot election to determine whether the incumbent exclusive representative shall be decertified and whether another organization shall be recognized. If the challenging employee organization receives a majority of the valid votes cast, the present exclusive representative will be decertified and the employee organization receiving a majority of the valid votes cast will become the exclusive representative. There shall be no more than one decertification election in a 12 month period, and no more than one decertification election during the first three years of the term of a memorandum of understanding, within the same bargaining unit.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.213. UNFAIR LABOR PRACTICES - PEACE OFFICERS AND MANAGEMENT EMPLOYEES ONLY. (a) This section shall apply only to peace officers as defined in Penal Code section 830.1 and management employees, as well as their exclusive representatives.
(b) It shall be an unfair labor practice for the City and County to:
(1) Interfere with, restrain, or coerce employees in the exercise of the rights recognized or granted in this Ordinance, or guaranteed by Government Code section 3502 or by any local rule adopted pursuant to Government Code section 3507;
(2) Dominate or interfere with the formation or administration of any employee organization, or contribute financial or other support to it, or in any way encourage employees to join any organization in preference to another in violation of rights guaranteed by Government Code section 3502 or 3508(c) or any local rule adopted pursuant to Government Code section 3507;
(3) Refuse to meet and confer in good faith as required by Government Code section 3505 or any local rule adopted pursuant to Government Code section 3507 at reasonable times, places and frequencies when the employee organization involved is an exclusive representative;
(4) Refuse or fail to cooperate and exercise good faith in any impasse procedure mutually agreed to pursuant to Government Code section 3505 or 3505.2, or required by any local rule adopted pursuant to Government Code section 3507, including the City Charter;
(5) Adopt or enforce a local rule that is not consistent with MMBA; or
(6) In any other way violate MMBA or any reasonable local rule for the administration of employer-employee relations adopted pursuant to Government Code section 3507 and in compliance with State or local meet and confer requirements.
(c) It shall be an unfair labor practice for any officer of the City and County to meet and confer, or attempt to meet and confer, over matters within the scope of representation with someone other than the exclusive representative.
(d) It shall be an unfair labor practice for an employee, an employee organization, an employee representative, or any agent thereof to:
(1) Interfere with, restrain, or coerce employees in the exercise of the rights recognized or granted in this Ordinance;
(2) Refuse to meet and confer in good faith at reasonable times, places and frequencies when the employee organization involved is an exclusive representative;
(3) Refuse or fail to cooperate and exercise good faith in any impasse procedure mutually agreed to pursuant to Government Code section 3505 or 3505.2, or required by any other local rule adopted pursuant to Government Code section 3507, including the City Charter;
(4) Engage in a strike, slowdown or work stoppage of any kind against the City and County of San Francisco in violation of Charter sections A8.345 and A8.346;
(5) Cause or attempt to cause the City and County to engage in conduct prohibited by MMBA, City Charter or any other reasonable local rule for the administration of employer-employee relations adopted pursuant to Government Code section 3507 and in compliance with State or local meet and confer requirements; and
(6) In any other way violate MMBA or any reasonable local rule for the administration of employer-employee relations adopted pursuant to Government Code section 3507 and in compliance with State or local meet and confer requirements.
(e) It shall be an unfair labor practice for any employee, an employee organization, an employee representative, or any agent thereof, to meet and confer, or attempt to meet and confer, over matters within the scope of representation with someone other than the Human Resources Director or a duly authorized designee.
The provisions of this subsection shall not apply to an employee, an employee organization, an employee representative, or any agent thereof, who desires to communicate with the Board of Supervisors during the meeting and conferring process and does so in writing and addresses said communication to the Clerk of the Board of Supervisors with the request that all members of the Board of Supervisors be provided with copies of the communication.
(Amended by Ord. 415-76, App. 10/15/76; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010;
Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.214. ELECTION OF REMEDIES FOR UNFAIR LABOR PRACTICES AND OTHER RELATED VIOLATIONS - PEACE OFFICERS AND MANAGEMENT EMPLOYEES ONLY. Nothing in this ordinance requires peace officers as defined in Penal Code section 830.1, or management employees, or their exclusive representatives, or the City and County to exhaust any local procedure or administrative remedy prior to filing a legal action in Superior Court asserting that a party covered by this section has violated any provision of this Ordinance, the City Charter, or any provision of the MMBA.
(Added by Ord. 296-10, File No. 101157, App. 12/3/2010; amended by
Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.215. PROCEDURES FOR ADMINISTRATIVELY PROCESSING UNFAIR LABOR PRACTICES - PEACE OFFICERS AND MANAGEMENT EMPLOYEES ONLY. For charges filed administratively, Civil Service Commission Unfair Labor Practice Procedures:
(a) Processing Violations. Unfair practice charges may be filed by an employee, employee organization, or the City and County.
(b) Contents of Charge. A charge may be filed alleging that an unfair practice or practices have been committed. The charge shall be in writing, signed under penalty of perjury by the party or its agent with a declaration that the charge is true, and complete to the best of the charging party's knowledge and belief, and contain the following information:
(1) The name and address of the party alleged to have engaged in an unfair practice;
(2) The name, address, and telephone number of the charging party;
(3) The name, address, and telephone number of an authorized agent of the charging party to be contacted;
(4) The sections of the Government Code, this Ordinance, or other local rule alleged to have been violated;
(5) A clear and concise statement of the facts and conduct alleged to constitute an unfair practice;
(6) A statement whether or not an agreement or memorandum of understanding exists between the parties, and the date and duration of such agreement or memorandum of understanding;
(7) A statement of the extent to which and the inclusive dates during which the parties have invoked any grievance machinery provided by an agreement, or, where applicable, have invoked procedures provided by the employer for resolving public notice complaints;
(8) A statement of the remedy sought by the charging party;
(9) Proof of service on the respondent.
(1) When a charge is filed, it shall be assigned to a Civil Service Commission designee for processing.
(2) The powers and duties of such designee shall be to:
(A) Assist the charging party to state in proper form the information required by section 16.215(b);
(B) Answer procedural questions of each party regarding the processing of the case;
(C) Facilitate communication and the exchange of information between the parties;
(D) Within 30 days of the filing of a charge, schedule the charge for determination by an administrative law judge.
(3) The respondent shall be apprised of the allegations, and may state its position on the charge during the course of the inquiries. Any written response must be signed under penalty of perjury by the party or its agent with the declaration that the response is true and complete to the best of the respondent's knowledge and belief. Service and proof of service pursuant to Section 16.215(b) are required.
(4) Withdrawal of Charge. Any request for withdrawal of the charge shall be in writing, signed by the charging party or its agent, and state whether the party desires the withdrawal to be with or without prejudice. Request for withdrawal of the charge before a hearing has been scheduled shall be granted. Repeated withdrawal and refiling of charges alleging substantially identical conduct may result in refusal to schedule a charge for hearing. If the hearing has been scheduled, the designee shall determine whether the withdrawal shall be with or without prejudice. If, during hearing, the respondent objects to withdrawal, the hearing officer may refuse to allow it. Service and proof of service of the withdrawal pursuant to Section 16.215(b) are required.
(Added by Ord. 296-10, File No. 101157, App. 12/3/2010; amended by Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.216. SANCTIONS FOR UNFAIR LABOR PRACTICES - PEACE OFFICERS AND MANAGEMENT EMPLOYEES ONLY. Solely as it pertains to employees that are peace officers as defined in Penal Code section 830.1 and managers and their exclusive representatives, charges of committing any unfair labor practices may be initiated by the City or an authorized representative thereof, by a representative of an employee organization, or by an individual employee or group of employees. Such charges may be filed in writing with the Civil Service Commission. Each charge so filed shall be processed in accordance with the rules and regulations of this Ordinance and the Civil Service Commission. Such charges must be initiated within six months of the occurrence of the events upon which the charges are based.
(a) If the administrative law judge's decision is that the City and County or a management employee has engaged in an unfair labor practice, the administrative law judge shall issue cease and desist orders which are not in conflict with the Charter or other provisions of law, and/or shall recommend to the appropriate body that corrective action be taken. Such corrective action shall be taken within five days of the administrative law judge's notification and recommendation.
(b) If the decision is that an employee or employee organization or its agents have engaged in an unfair labor practice, the administrative law judge shall instruct the offending party to take appropriate corrective action. The powers and duties of the administrative law judge shall be consistent with those of the Public Employment Relations Board. If compliance with the administrative law judge's instruction is not obtained within five days, the administrative law judge shall instruct the appropriate officer, board or commission to take appropriate action.
(Amended by Ord. 113-77, App. 3/31/77; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.217. MEETING AND CONFERRING IN GOOD FAITH. (a) Meeting and conferring in good faith between management representatives and the representatives of recognized employee organizations shall take place on all matters relating to wages, hours, and other terms and conditions of employment within the scope of representation. The meet and confer process, whether in the context of bargaining for a successor memorandum of understanding or during the term of an existing memorandum of understanding, shall be conducted in accordance with the City Charter and State law. Nothing contained herein shall be deemed to supersede the provisions of the Charter, ordinances, and rules and regulations of the City and County of San Francisco which establish and regulate the Civil Service System.
(Amended by Ord. 426-76, App. 10/29/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.218. EMPLOYEES MEETING ON CITY AND COUNTY TIME. Official representatives of an exclusive representative shall be allowed time off from their duties without loss of pay for the purpose of meeting and conferring in good faith or consulting with representatives of the City and County on matters within the scope of representation, provided that the number of representatives shall not exceed two without the approval of the Human Resources Director. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City and County services. Official representatives shall receive approval from their department head in advance of the proposed time away from their work station or assignment.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 109-94, App. 3/11/94; Ord. 296-10, File No. 101157, App. 12/3/2010;
Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.219. SEC. 16.219. DUES DEDUCTION. Upon completion of the registration procedures provided in Section 16.209, registered employee organizations and exclusive representatives may exercise the privilege of dues deduction, and shall pay the reasonable costs of this service. The Controller of the City and County of San Francisco shall establish the costs and the procedures for initiating and maintaining this service.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)
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SEC. 16.220. SEPARABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this ordinance, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
(Amended by Ord. 313-76, App. 7/30/76; Ord. 296-10, File No. 101157, App. 12/3/2010; Ord. 17-12, File No. 111067, App. 2/7/2012, Eff. 3/8/2012)