Pursuant to relevant law, this Personnel Management Regulation (PMR) restates the County’s Employee-Employer Relations Resolution No. 2001-86 established for the orderly administration of labor management relations as provided for in California Government Code 3500-3501.


4.1 Employee's Rights
A. Enumeration
B. Non-Interference
4.2 Representation Units
4.3 Rights of Certified Employee Organizations
4.4 Certification
A. Employee Organization Definition
B. Statement of Representation
4.5 Certification Procedure
4.6 Effect of Decision
4.7 Modification of Established Unit and Decertification
4.8 Conferences
A. General
B. Frequency and Duration
C. Coordination
4.9 Collective Bargaining
A. Agreements
B. Arbitration and Mediation
C. Board of Supervisors Action
4.10 Grievances
4.11 Other Laws
4.12 Jurisdiction


Not applicable.

4.1 Employee's Rights

A. Enumeration. Each employee of the County of Marin will enjoy, among others, the following rights:

1. The right to organize and join an employee organization of his or her choice, subject to the provisions of this resolution.

2. The right to refuse to join or participate in the activities of employee organizations.

3. The right to represent himself or herself individually in his or her employment relations with the County, except for the purpose of meeting and conferring over issues within the scope of representation if such employee is represented by a recognized employee organization.

B. Non-Interference

1. Employees will not suffer discrimination, receive preferential treatment or be denied equitable treatment because of membership in any employee organization.

2. Employees will have complete freedom from management domination and censorship in the exercise of the rights above specified. The Board of Supervisors and/or managerial employees will refrain from any action which might prevent or discourage subordinate employees from seeking organization. Neither the Board of Supervisors nor managerial employees will encourage subordinates to join any organization in preference to any other.

4.2 Representation Units

A. For the purpose of this resolution, a representation unit is the largest feasible grouping of county employees, which has a community of interest.

B. Managerial employees or employees with a confidential relationship to county management will not be included in a representation unit encompassing other types of employees.

C. The Personnel Commission will determine whether classifications included in a request for certification are in fact managerial using the following criteria to define "managerial":

1. Any individual having responsibility for formulating, administering or managing the implementation of county policies and programs, or any individual having authority in the interest of the County to hire, transfer, suspend, lay off, recall, promote or discharge other employees, or responsibility to direct them, or to adjust their grievances, if in connection with the foregoing he/she is accountable to the appointing authority for such action and the exercise of such accountability is not merely of routine or clerical nature but requires the use of independent judgment.

4.3 Rights of Certified Employee Organizations

A. An employee organization certified as the representative of a majority of all employees in a representation unit in accordance with the procedure hereinafter set forth will be afforded appropriate rights and privileges, including, but not limited to, the following:

1. The right to have regular membership costs and dues of its members, who so request, collected by payroll deductions pursuant to procedures prescribed by the Auditor-Controller.

2. The reasonable use of space on bulletin boards either in County departments and/or on County Intranet (MINE).

3. The right to contact county employees during their duty period, provided that the department head is notified of such activities and such contact does not interfere with public service or safety requirements.

4. The right to use County conference rooms and meeting facilities on the same basis as other organizations.

5. The right to distribute information to county employees and, when practicable, to use county information channels for such distribution, as indicated in 2 above.

6. The right to be informed by management, in advance, before proposed policy, benefit, or working condition changes directly affecting employee interest are made.

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4.4 Certification

A. Employee Organization Definition. For the purpose of this resolution, the term "employee organization" will mean any organization, professional society, or union that has as its primary purpose representing employees in their employment relationship with the County.

B. Statement of Representation. An employee organization may file a statement of representation with the Director of Human Resources. Said statement must contain:

1. Name and address of employee organization.

2. Names and titles of its officers.

3. Names of employee organization representatives who are authorized to speak on behalf of the organization.

4. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the County.

5. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.

6. Certified copies of the employee organization’s constitution and bylaws.

7. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice to the employee organization for any purpose.

8. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition.

9. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.

10. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the County. Such written proof will be submitted for confirmation to the Human Resources Director or to a mutually agreed upon disinterested third party.

11. A request that the Personnel Commission formally acknowledge the petitioner as the Certified Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.

4.5 Certification Procedure

A. The organization must be prepared to submit to an inspection by a disinterested party, of either authorization cards signed by employees, or a certified list of the members of the organization; or to provide such other means of authentication as is mutually agreeable.

B. The Director of Human Resources will investigate the statement, confer with affected department heads and organizations and prepare findings as to the feasibility of the proposed unit and authentication of the representative status of the organization.

C. The Personnel Commission at its next scheduled meeting will hold a public hearing at which the claiming organization, other organizations and County management may present arguments and may submit written briefs.

D. The Commission may:

1. Require holding a secret ballot election within the proposed or finally established unit to determine majority wishes or resolve conflicting representation claims. If the County establishes that a majority of the employees in an appropriate bargaining unit desire the representation, pursuant to Government Code Section 3507.1, majority recognition will be granted.

2. Establish the unit as proposed or with modifications.

3. Establish one or more units which vary from the proposed unit, either to resolve conflicting claims or to better reflect community of interest, or for reasons of administrative feasibility.

4. Dismiss the request on grounds of insufficient showing of representation, inconsistency with policy established in Section 4.2, above, or for any reason inconsistent with the objectives set forth herein.

E. The Commission will render its decision within five days of the close of the public hearing, or of such period as may be provided for the filing of the briefs. In the event of a dismissal or a modification of the proposed unit, any party thereto may file an appeal with the Board of Supervisors within ten days. The Board will consider the matter on the record, and its decision will be final.

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4.6 Effect of Decision

A. A decision establishing and defining a representation unit will be accompanied by a certification that an employee organization represents a majority of all employees in the unit if such is the case, and such organization will be deemed to be certified.

B. An organization not certified may nevertheless represent its members to the extent required by Government Code Sections 3500-3509 as currently in effect and as amended in the future.

C. A decision establishing a unit, certifying or decertifying a majority representative, or dismissing a claim is valid and effective for a period of one year, and may be renewed without hearing for additional one-year periods except as provided below.

4.7 Modification of Established Unit and Decertification

A. A petition for modification of a unit and/or decertification may be filed with the Director of Human Resources after the initial one year or during a window period of no more than 180 days or less than 150 days prior to the expiration date of a collective bargaining agreement between the certified organization and the County, whichever is later.

B. Such petition may be filed by:

1. The certified organization as a disavowal of interest;

2. Another organization provided the petition is accompanied by authorization cards signed by at least thirty per cent of all employees in the proposed unit;

3. Any group of employees consisting of at least thirty per cent of all employees in the unit;

4. The County Administrator for reasons related to substantial changes in County functions, organizational structure or job classifications.

C. The certification procedure will be as set forth in 4.5, above.

4.8 Conferences

A. General. Each certified organization may meet and confer with County representatives to the extent reasonably necessary to represent its members regarding salaries, hours, working conditions, and other similar matters relating to the welfare of employees. When requested, County representatives will meet and confer, in good faith, with employee organization representatives, and endeavor to reach agreement.

B. Frequency and Duration. The frequency and duration of such conferences may be limited by the County Administrator upon the basis of the number of employees represented by the organization and the nature of the matters to be discussed.

C. Coordination. The County Administrator may request that two or more employee organizations meet with County representatives, at the same time, to discuss similar or related issues.

4.9 Collective Bargaining

A. Agreements. Any collective bargaining agreement reached by County representatives and representatives of an organization certified as representing a majority of the employees in a representation unit will be reduced to writing and will bind the County of Marin and the signatory organization, if ratified by the Board of Supervisors.

B. Arbitration and Mediation. If agreement is not reached in negotiations between County representatives and representatives of an organization certified as representing a majority of the employees in a representation unit, mediation or arbitration of the issues remaining in contention may be sought by mutual consent of the Board of Supervisors and the organization (the latter according to the procedures of the American Arbitration Association). Results of the arbitration will be binding on all parties.

C. Board of Supervisors Action. If the parties have agreed to submit the dispute to mediation and have failed to resolve the dispute through mediation the Board of Supervisors may take such action regarding the impasse as it in its discretion deems appropriate. Any action of the Board of Supervisors on the impasse will be final and binding.

4.10 Grievances

A grievance procedure will be established by the Personnel Commission and adopted by the Board of Supervisors which will provide a uniform procedure available to all county employees to seek adjustment of grievances arising out of their employment relations. This grievance procedure is set forth in PMR 24.

4.11 Other Laws

Nothing contained herein will be deemed to modify or abrogate existing rights and responsibilities of the County and/or its employees to the extent they are governed by State law or county ordinances.

4.12 Jurisdiction

Other than as specifically indicated above with respect to certification and representation units, the County of Marin will not assume responsibility for determining jurisdictional boundaries among and between the various organizations purporting to represent county employees. Jurisdictional disputes will be resolved between the organizations involved without disruption of, or interference with, County operations.


Effective Date: January 2005
Revision. No.: 0
Prepared By: Laura Armor

Approved: ss/President, Board of Supervisors