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14-43-Order Recorded 8/5/1970YOB ' PAGE z3 IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES In the Matter ) of ) O R D E R Establishment of regulations ) and procedures of employee ) representation ) PURPOSE: For the purpose of establishing regulations and procedures for the determination of bargaining units which are appropriate for collective bargaining, the selection or rejection of employee organi- zations as collective bargaining representatives of Deschutes County employees, and certification of the results thereof, the Board of Commissioners for Deschutes County hereby adopts the following order: II DEFINITIONS: When used herein the following definitions shall apply: 1. The term "Board" shall mean the Board of County Commissioners for Deschutes County. 2. The term "employee organization" means any organization of any kind, or any agency or employee representation committee or group of employees within the County which includes public employees and which has as one of its primary purposes representing such employees in their employment relations with Deschutes County or any other public employer. 3. The term "public employee" means a full-time employee of Deschutes County, provided, however, that no person shall be entitled to sign any petition provided for in these regulations or to vote in any election held hereunder unless he has been on the payroll of Deschutes County for at least six months immediately prior to the date of signing or voting, as the case may be. An employee who would be on the payroll except for the fact that he is presently on sick leave or other authorized leave of absence without pay shall be entitled to the rights under these provisions if he other- wise meets the applicable requirements. 4. The term "supervisory employee" or "supervisor" means any indivi- dual having authority in the interest of Deschutes County to hire, or to transfer, or to suspend, or to lay off, or to recall, or to promote, or to discharge, or to assign, or to reward, or discip- line other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. 5. The term "professional employee" means any employee engaged in work which is predominantly intellectual, which involves the con- sistent exercise of discretion and judgment in its performance, which is of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time, which requires knowledge of an advanced type in a field of science or learning customarily acquired by prolonged course of specialized intellectual instruction and study in an institution of higher learning as distinguished from general academic education or from an apprenticeship or from participating in the performance of routine mental processes; or any employee who has completed such courses of specialized intellectual instruction and who is perfor- ming related work under the supervision of a professional person in order to qualify himself to become a professional employee as de- fined herein. 6. The term "full-time employee" shall mean an employee hired to fill a regular job opening in the normal course of events and one who has not been hired to fill a job created through an emergency or for a specific project. 7. The term "appropriate unit" shall mean the grouping of employees with the homogeneity and identity of interest which is most con- sistent with the administrative organization of the County as a single, fully integrated governmental unit. Supervisory employees as defined in these regulations shall be excluded from any such unit. GENERAL PROVISIONS: 1. Employees have the right to form, join and participate in organiza- tions of their own choosing for the purpose of representation on matters concerning employment relations. Employees shall likewise have the right to refrain from joining and participating in said activities. 2. Employees shall not be interfered with, intimidated, restrained, coerced, or discriminated against because of their exercise of above-mentioned rights. 3. Nothing in these rules shall preclude an individual employee from representing himself or being represented by legal counsel in individual personnel matters. -2- . vo. 14 PF 4-5 M METHOD OF PETITIONING FOR REPRESENTATION ELECTION: Any employee organization may petition the Board for a representation election. Such representation petition shall be in writing and shall specify: 1. The identity of the petitioner; 2. The principal office address of the petitioner; 3. The principal officers of the petitioner; 4. The person and address to whom all communications to petitioner concerning the election shall be sent; 5. A description of the unit alleged by petitioner to be appropriate and within which the election is sought. V PROCEDURE FOR REPRESENTATION ELECTION: 1. The representation petition must be substantiated by the voluntary signatures of at least 30 percent of the employees in the alleged appropriate unit. The signatures shall be placed upon a substan- tiation petition in the form prescribed by the Board, which form will provide for the signature and date of signature of the employees indicating it is their desire that a representation election be held. All employees' signatures must have been placed upon the substan- tiation petition within 60 days immediately preceding submission of said petition. Although the representation petition shall be sub- mitted to the Board for examination, the substantiation petition shall be submitted to a third party, designated by the Board, for examination and verification. The designated third party shall examine the substantiation petition and determine whether valid signatures of the required 30 percent of the employees in the alleged appropriate unit are on the petition. The Board and the employee organization shall be immediately notified of the results of said examination. For the purposes of a third party's making the pre- ceding determination, the Board shall submit to said third party a list of all employees who are in the unit alleged to be appropriate by the party submitting the petition. In the event the designated third party finds that the petitioning employee organization lacks the required 30 percent showing of voluntary support as evidenced by valid signatures of employees in the unit alleged to be appro- priate, he shall so notify the Board immediately and the petition shall be dismissed forthwith if not previously withdrawn by the petitioning employee organization. 2. After receipt of a representation petition and notification by the designated third party that the substantiation petition contains the necessary signatures as required in the preceding subsection 1, the Board shall determine whether the petitioner is a bona fide employee -3- VOL 1 ?AGcE 4 6 organization as hereinbefore defined, whether the unit within which the election is sought is the appropriate unit, and any other questions appropriate to the subject matter. In determining whether the appropriate unit is alleged in the petition, it shall be the objective of the Board to see that such unit will insure a clear and identifiable community of interest among affected employees and is the unit which will best insure and promote harmony between the County and its employees and a continuity of public services for which the County as a whole is responsible. Professional employees, as hereinbefore defined in these rules, shall not be included in the same unit as nonprofessional employees unless a majority of said professional employees (1) sign the substantiation petition, and (2) vote in the representation election in favor of inclusion in said unit. 3. If the Board finds the representation petition deficient in any particular it shall so notify the petitioner. In the event the Board finds the proposed unit sought is not an appropriate unit as hereinbefore defined, it shall so advise the petitioner. Upon receipt of such notification petitioner may within 7 calendar days amend its petition, in which event the procedures of Section 1 shall apply, or request a hearing before the Board, at which time peti- tioner shall be given full opportunity to present evidence or argu- ment in opposition to such of the Board's findings or decisions as to which petitioner disagrees. After such hearing the Board may modify or sustain its previous findings or decisions. 4. If the employee organization disagrees with the findings or decisions reached by the Board as to the appropriateness of a proposed unit as provided for in the preceding subsection 3, the employee organi- zation shall have the right to have the matter mediated by a third party. If the parties are unable to designate a mutually agreeable mediator, or should such mediator decline to serve, the Circuit Court for Deschutes County shall be requested to designate a mediator. The designated mediator shall consult with both parties on this issue. If a mutually satisfactory agreement is not achieved by such mediation, the Board may modify or sustain its previous findings. 5. Upon receipt of a representation petition the Board shall within 48 hours (exclusive of Saturday, Sunday, or legal holidays) of receipt thereof cause copies of said petition to be posted in such place or places as will be available to all employees in the pro- posed appropriate unit. 6. The County or any agency, department or division, any employee in the proposed unit, any employee organization or interested person, group, or association, may present to the Board its views upon said representation petition, or any other information therein contained, provided, however, that such views shall be submitted to the Board -4- VOL 14 ?AGE 41 not later than four weeks from the date of posting of the repre- sentation petition and, in the case of an intervening employee organi- zation, shall be accompanied by appropriate representation and sub- stantiation petitions in similar form and procedure as the original petitioning employee organization, except that the substantiation petition shall contain the signatures of at least 10 percent of the employees in the subject unit or 30 percent of any other unit pro- posed by such intervening employee organization. Any such inter- vening employee organization shall, upon request, be granted a hearing as to any bona fide issue raised by it. The Board may, on its own motion, schedule a hearing on any matter relating to the petition, intervention, or any other areas relative to these regulations or proceedings thereunder. Any intervening employee organization shall have the similar right as a petitioning employee organization to have mediated a decision of the Board with which it disagrees. 7. In the event a hearing is held as herein provided, the petitioning employee organization, any intervening employee organization, any interested or affected person, group, or association, and the County representative shall be entitled to be heard. The Board may also hear any other party when it believes it would be in the best interests of all parties. 8. When the Board has determined that a proper representation petition has been filed by an employee organization, supported by the necessary signatures, seeking an election in the appropriate unit, the Board shall provide a representation election in said unit within a rea- sonable time, but not later than 30 days, from the date that such determination is made. The providing of notice of the election, the conducting of the election, the canvassing of ballots, and other functions necessary in carrying on the election shall be accom- plished by a third party mutually agreeable to both the Board, the petitioning employee organization, and any intervening employee organization. 9. Notice of the election to the employees in the unit shall be provided at least 20 calendar days in advance of the election. The notice shall include the date or dates when the election is to be held as well as the procedure to be followed. There shall be made reason- able effort to schedule the election at such time or times and at such place or places as will give opportunity to cast a ballot to all eligible employees in the appropriate unit. 10. Names of additional candidates for representation shall be placed on the election ballot if they so request in writing at least 14 calendar days in advance of the election and have previously pre- sented appropriate representation and substantiation petitions, the latter of which contains the signatures of at least 10 percent of the employees in the unit indicating they desire that the name of -5- VOL 14 PAuE 48 the intervening employee organization be placed on the ballot. 11. On the day of election, the Board shall provide to the third party designated to conduct the election a list of all employees in thQ unit ho appp ar to be ipli ible to vote in the representation election. I any b the candidates for representation disagrees with the contents of said list, they shall be entitled at the time of election to challenge the vote cast by any person whom they consider ineligible. Each challenged ballot shall be segregated in such a way as to preserve its identity and maintain its secrecy. If challenged ballots are sufficient to affect the outcome of an election, the Board shall direct a hearing to take testimony concerning the eligibility of each employee whose ballot has been challenged. Thereafter, the Board shall consider the position of the parties and issue its decision concerning chal- lenged ballots. If any representation candidate disagrees with the final decision of the Board, they shall have the right to have the matter immediately submitted to mediation by a third party mutually agreeable to the Board and the employee organization. If the parties are unable to designate a mutually agreeable mediator, or should such mediator decline to serve, the Circuit Court for Deschutes County shall be requested to designate a mediator. The designated mediator shall consult with both parties concerning this issue. If a mutually satisfactory agreement is not achieved by such mediation, the Board may modify or sustain its previous findings. 12. Voting shall be by secret ballot and the ballot shall permit an opportunity to vote for any one of the candidates on the ballot or for no representation. each employee in the unit shall be entitled to one vote. In order for an employee organization to be selected as representative of an appropriate unit, it must obtain a majority vote of the eligible voters. If a majority of the professional employees in the proposed unit have signed the substantiation petition, a separate secret ballot will be provided to allow them to indicate whether they desire to be included in the same unit as non-professional employees and if so, their preference as to candidates for representation. If a majority of said professional employees vote in favor of inclusion in the same unit, all the ballots of said professional employees shall be counted with the ballots of nonprofessional employees in order to determine which candidate, if any, received a majority vote for representation. If less than a majority of said professional employees vote in favor of inclusion in the same unit, none of the ballots of said professional employees shall be counted in determining the results of the representation election. 9 Me VOL 14 PACE 13. The result of the election shall be reported to the Board by the person delegated to conduct the election immediately after the balloting has been completed and the votes counted. The Board shall forthwith notify the candidates listed on the ballot and the employees in the unit as to the results of the election. The Board shall certify the selected employee organization, if any, as representative of said negotiating unit or shall certify the results of the election, as the case may be. 14. At every election where there are more than two choices on the ballot and none receive the vote of a majority of the eligible voters in the unit, a run-off election shall be conducted by a third party designated by the Board. The run-off election shall provide for selection between the two choices receiving the largest and second largest number of votes cast in the original election. 15. No election shall be held pursuant to these regulations in any unit or any subdivision thereof within which, in the preceding 12 month period, a valid election shall have been held. VI IMPROPER ELECTION PRACTICES: 1. Any practice by Deschutes County that interferes with, intimi- dates, restrains, coerces, promises preferential treatment to or discriminates against employees in voting in a representation election and any practice by an employee organization or an employee which intimidates, restrains, or coerces any employees in their voting in a representation election, are prohibited. The expressing of any views, argument, or opinion, or the dissemina- tion thereof, whether in written, printed, graphic or visual form, shall not constitute or be evidence of interference, intimida- tion, restraint, coercion, promise of preferential treatment, or discrimination against employees in their voting if such expres- sion contains no threat of reprisal or force or promise of benefit. 2. All practices prohibited under Oregon Laws shall be prohibited insofar as they are applicable to these election procedures. 3. Any charges of improper election practices must be filed with the Board not later than 7 calendar days following the date of the election. The Board will hear the party or parties making the charges in public hearing and the person or persons, candidates, or organizations so charged. If the Board finds that improper election and in its discretion may order a new election, and may also bar the offending employee organization from participation in any election held pursuant to these regulations for a period of not more than 12 months from the date of such finding. -7- VOL 14 ?A1;E 15 4. If the Board receives notification of any charges of improper election practices occurring before the date of election, the Board shall immediately hear said charges in a public hearing. Any forthcoming election may be held in abeyance until the Board has had the opportunity to investigate and hear the charges and making a finding thereon. VII WITHDRAWAL OF REPRESENTATION RECOGNITION: 1. An employee organization who has been certified as the exclu- sive bargaining representative for the employees in a collective bargaining unit shall remain certified for at least 12 months from the date of certification; however, no earlier than 60 days prior to the expiration or reopening date of an agreement its recognition may be challenged by petition to the Board, signed by at least 30 percent of the employees in the unit attesting that they desire not to be represented by the then present rep- resentative, or that they desire an election be conducted with respect to the continuing representative status of such employee organization. 2. Upon receiving such valid petition, the Board shall arrange for an election, said election to be conducted within 60 days from the date of receipt. 3. The election procedure will be as stipulated under the rules set forth herein as to procedure for representation elections, except that the ballot shall provide for the choices of continuing or discontinuing the present representative. 4. if a majority of the votes cast are not to continue the present representative, the Board shall immediately decertify that rep- resentative and shall withdraw recognition. MEN REDETERMINATION OF UNIT: 1. The Board reserves the right to redetermine what constitutes an appropriate unit and may determine that individuals previously included in or excluded from the unit are no longer eligible for such inclusion or exclusion by virtue of the redetermination or upon the ground that the Board has found such persons to be supervisory or professional employees, provided, however, that no such determination may be made until a public hearing has been held at which all interested parties shall be given full oppor- tunity to be heard. 2. If the affected employee organization disagrees with the finding and decisions of the Board as to the redetermination of the unit, it shall have the right to have the matter mediated by a third party mutually agreeable to the Board and the employee organiza- VOL 14 PAGE 5j. tion. If the parties are unable to designate a mutually agreeable mediator, or should such mediator decline to serve, the Circuit Court for Deschutes County shall be requested to designate a mediator. The designated mediator shall consult with both parties on this issue. If a mutually satisfactory agreement is not achieved by such mediation, the Board may modify or sustain its previous findings. IX APPEALS: If the Board, in carrying out the provisions of these regulations, acts arbitrarily or capriciously or exceeds its jurisdiction, any employee or employee organization aggrieved by such decision of the Board shall have the right to appeal such decision to the Deschutes County Circuit Court under the Writ of Review procedure provided by ORS Ch. 34. X ENFORCEMENT: The Board shall make such investigation, take such actions and utilize such powers of enforcement as are available to it to carry out the terms and intent of these rules and regulations. Enacted this _ day of , 1970. BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY CH AIRMAN COMMISSIOKIM L� COMMISSIO -9-