Agency Shop Election – Oops! Reason for Investigation The Nevada County Grand Jury received numerous complaints from

Recommendations 13

• R1
  The Board of Supervisors (BOS) should direct staff to make every reasonable effort and pursue all available remedies to work with the Mediation and Conciliation Service and the Union to resubmit the issue of Agency Shop to a new election on adequate advance notice to the County employees.
• R2
  The BOS should either direct the cessation of collection of fees from non-union members pending resolution of these issues or that such fees be held in suspense pending resolution of these issues.
• R3
  The BOS should make every reasonable effort to secure return of fees collected on the basis of this invalid election, from the Union, pending resolution of these issues.
• R4
  The BOS should establish a policy under which more than minimum notice is given to County employees in collective bargaining election matters.
• R5
  The BOS should establish a policy that all County employees are provided with individual notice of any collective bargaining election and that a verifiable procedure for the giving of such notices be established. Attachments
• R6
  California Administrative Code, Title 8, Section 32085(d)
• R7
  August 28, 2007 Memorandum from County Department of Human Resources Re Implementation of Agency Shop Payroll Deductions
• R8
  November 16, 2007 email from Human Resources staff member, Susan Kadera to Human Resources Director, Gayle Satchwell with subject, “Posting Information.”
• 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. Agency Shop Elections Attachments I promes when the contract the contract with the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of the contract of t
• 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 Employer Employee Organization Date: 2/15/07 Date: Agency Shop Elections Attachments