Agency Shop Election – Part Ii Reason for Grand Jury Reply to Board of Supervisor Responses The Nevada County Grand

Recommendations 14

• R1
  The BOS should send the Jury's Reports to the Mediation and Conciliation Service for its consideration.
• R2
  In future union elections, the County should avail itself of the alternative provided in the Mediation and Conciliation Service’s “Procedures for Mandated Agency Shop Elections” and distribute the notice to all bargaining unit members, in addition to the traditional posting of notices.
• R3
  The BOS should determine whether Mediation and Conciliation Service procedures include permitting the County to use the County's electronic facilities (e-mail) to give employees notice of agency shop elections. Attachments
• R4
  Challenged Votes: Any observer or the Election Supervisor may challenge the eligibility of a voter. The Election Supervisor will mark the outer envelope containing the challenged ballot and subsequently determine the eligibility of the voter. The Election Supervisor will either count or reject said vote based on the eligibility list and any other information germane to the question.
• R5
  Election Results: After the conclusion of the election, the Election Supervisor will certify the result to the employer and the employee organization. There will be no other election on the question of agency shop for this unit for at least one (1) year from the date of this election. Attachment 1 100
• R6
  Confidentiality: The ballots, ballot envelopes, and other election materials are confidential and will not be released by the SMCS after the election. Back to Agency shop elections page Back to Mediation & Conciliation home page Updated: April 2005 13 • 3 00 . Attachment 1 2 3 2000 . . . . 02/01/2008 11:52 FAX 2001 Jan 31 2008 4:46PM Local 39 530-823-9374 p.2 Stationary Engineers, Local 39 INTERNATIONAL UNION OF OPERATING ENGINEERS AFL-CIO JERRY KALMAR BURNESS NANAGER-SECRETARY January 31, 2008 FOR IMMEDIATE RELEASE Joan Bryant, Director of Public Employees Contact: (916) 928-0399 Telephone: (916) 813-3250 Cell: [email protected] E-mail: Gary Winegar, Business Representative Contact: (530) 823-7736 Telephone: [email protected] E-mail: Sacramento, California-Stationary Engineers, Local 39, questions the use of public funds to investigate whether the fair share election for the Nevada County employees is appropriate given that the State agency responsible for overseeing such elections determined that the election proceeded in accordance with California law. The Nevada County Grand Jury was convened to allegedly investigate the manner in which employees were given notice of a secret ballot election to determine whether they wished to be covered by an Agency Shop Agreement that would require all employees to either join the International Union of Operating Engineers, Stationary Engineers, Local 39, or pay an agency fee for representation. The election, including the notice of election, was handled by a third- party, the California Department of Industrial Relations Mediation and Conciliation Service. Local 39 maintains that the use of a Grand Jury to investigate the Agency Shop election is a waste of public resources for two reasons. First, the issues investigated by the Grand Jury have previously been submitted to the California Department of Industrial Relations, which concluded that the election was properly conducted. Second, matters concerning Agency Shop elections are under the exclusive jurisdiction of the California Public Employment Relations Board (PERB), and public funds should not be wasted on grand jury investigations on matters that fall under the exclusive jurisdiction of another public agency. Specifically, because the Agency Shop rules are outlined under the Meyers-Milias- Brown Act (MMBA), which is found in California Government Code, PERB is the public agency with jurisdiction to investigate and determine whether there has been any violation of the Agency Shop regulations. 2840 RICHARDSON DRIVE . AUBURN, CALIFORNIA 95603 . FAX (530) 823-9374 . (630) 823-7738 Attachment 2 530~823~9374 P. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS CONCILIATION SERVICE AFFIDAVIT OF POSTING EMPLOYER: County of Nevada EMPLOYEE ORGANIZATION: IUOE, Stationary Engineers, Local 39 The undersigned hereby states that Notices of Election in the above-entitled matter were posted personally by him/her in the following places on or before the 3th day of August,
• R7
  OBSERVERS: Each party hereto may station one authorized observer or representative at each voting place during the election. Under the direction of the Election Supervisor the Observers may act as checkers and watchers, assist in the identification of voters, challenge voters and ballots, and otherwise assist the Election Supervisor. The names of observers shall be provided to the Election Supervisor by the parties. Failure to appoint an observer or failure of an observer to appear shall be deemed a waiver of the right to station such observer.
• R8
  CHALLENGED VOTES: Any of the Observers or the Election Supervisor may challenge the eligibility of a voter. It shall be the duty of the Election Supervisor to mark the envelope containing the challenged ballot of the voter and subsequently to determine the eligibility of the voter and either count or reject said vote based on the eligibility list as provided for herein. The decision of the Election Supervisor shall not be subject to appeal and shall be final and binding on both parties.
• R9
  DUTIES OF ELECTION SUPERVISOR: The Election Supervisor shall hand the ballot to each eligible voter appearing at the voting place. The voter will mark the ballot in secret and fold it. The voter will then personally deposit the ballot in the ballot box under the supervision of the Election Supervisor. After closing the polls, the Election Supervisor, in the presence of the Observer of the Employer and the Observer of the Employee Organization shall count the votes cast. This count shall be reduced to written form and witnessed in writing by the authorized Observers, if any, of the Employer and the Employee Organization signifying that they have witnessed the counting of the ballots.
• R10
  SECRET BALLOT: The election will be by secret ballot and it is mutually understood that the voters will be allowed to vote without interference, restraint, or coercion. Electioneering will not be permitted at or near the voting places. At the conclusion of the election, a Certification on Conduct of Election signed by the authorized Observers, if any, and by the Election Supervisor will be issued to both parties.
• R11
  BINDING RESULTS: A majority of the valid ballots cast will determine the results of the election. The results of the election shall be accepted as binding on both parties. The parties further agree that there will not be another election on the same question for this unit for at least one year from the date of this election.
• R12
  NON-STATUTORY PROCEEDINGS: This agreement for an election to determine employee preference in the matter of an Agency Shop is voluntarily entered into by the parties in full understanding that this election shall not be regarded as a substitute for any legal obligation which may rest on either party.
• R13
  CONFIDENTIALITY: The parties agree that the ballots, ballot envelopes and other election materials are confidential and will not be released by the Service after the election. For the For the Employee Organization Employer Date: 8/15/07 Date: __ 3 - 19
• R39
  We only conduct elections with the consent of the parties involved. If you believe that your rights have been violated by your employer and/or your exclusive bargaining representative, you may have recourse through the Public Employment Relations Board. However, I would suggest you get legal advice prior to proceeding. Sincerely, Paul D. Roose Supervisor cc: Bob Losik EI 9.0 < D to the or the term of the term of the term of the term of the term of the term of the term of the term of the term of the term of the term of the term of the term of the term of the term of the term of the term of the t 7.2 1.5 . ¥2): 980 2 . COUNTY GOVERNMENT Nevada County Veterans Service Nevada County Veterans Service Office Nevada County Grand Jury Report with Responses 2007-2008 A HERMANIA WITH A SWITTER 2.5