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Employee & Labor Relations

A Resource for County of San Mateo Employees, Supervisors, and Managers

02. Association Security

DSA, MOU

The Association agrees that it has the duty to provide fair and non-discriminatory representation to all employees in the representation unit regardless of whether they are members of the Association.

2.1 Hold Harmless

The Association shall indemnify, defend, and save the County harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of the Association Security and/or Dues Deduction provisions, or action taken or not taken by the County under one or both of these provisions. Indemnification and defense includes, but is not limited to, payment of the County’s attorney’s fees and costs.

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2.1

2.2 Dues Deduction

The Association may have the regular dues of its members within the representation unit deducted from employees’ paychecks under procedures prescribed by the County Controller. The deduction shall be made only after the Association certifies to the County a list of workers who have authorized such deductions, and shall continue: (1) until such certification is revoked, in writing, by the Association; or (2) until the transfer of the employee to a unit represented by another employee organization.

Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which such employees are assigned.

Not more than once per week (preferably bi-weekly on non-payroll Fridays), the Association will send a list of changes to its Union member listing by email to the Controller’s Office at with the following Certification statement:

“I, NAME, TITLE, hereby certify that Deputy Sheriffs Association possesses and will maintain an authorization (for dues deductions and/or voluntary political contribution deductions, as indicated) signed by the individuals on this list from whose salary or wages the deductions is to be made.”

Certified spreadsheets that arrive by the non-payday Friday will be processed for the following week’s payroll.

The County shall create up to five (5) additional dues deduction lines for members and Associate members of the Association who shall be allowed to have their dues deducted post tax from their paychecks. The amount of the deduction shall be determined by the Association, employees shall then authorize the county to deduct the stated amount.

If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the Association dues required by this Section, no such deduction shall be made for the current pay period.

2.3 Reinstatement

Employees who are separated from the representation unit, shall be reinstated upon the return of the employee to the representation unit. For the purpose of this Paragraph, the term separation includes transfer out of the representation unit, layoff, and leave of absence without pay.

2.4 Communications with Employees

The Association shall be allowed by County departments in which it represents employees use of available bulletin board space for communications having to do with official Association business, such as times and places of meetings, provided such use does not interfere with department needs.

The Association may distribute materials to unit employees through County mail and email distribution channels if approved by the Human Resources Director. This privilege may be revoked in the event of abuse after the Director consults with Association representatives. The content of any materials distributed to employees shall not relate to political activity or violate existing County policies. Employees shall not prepare Association-related emails during County work time without first obtaining approved release time.

Any Association representative shall give the Department Head or representative at least twenty-four (24) hours advance notice when contacting employees during the duty period, provided that solicitation for membership and other internal Association business shall be conducted only during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made by agreement between the Association and the department head and when made shall continue until revoked.

2.5 Use of County Buildings

County buildings and facilities may be made available for use by County employees or the Association or its representatives in accordance with such administrative procedures as may be established by the County Manager or department head concerned.

2.6 Advance Notice

Except in cases of emergency as provided below in this subsection, the Association, if affected, shall be given reasonable advance written notice of any ordinance, resolution, policy, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the County and shall be given the opportunity to meet with the appropriate management representatives prior to adoption.

In cases of emergency when the foregoing procedure is not practical or in the best public interest, the County may adopt or put into practice immediately such measures as are required. At the earliest practical date thereafter the Association shall be provided with the notice described in the preceding paragraph and be given an opportunity to meet with the appropriate management representatives.

2.7 New Employee Orientation

The County and the Association shall continue to work on best practices to ensure labor access to new employees for the purpose of educating them on their representation opportunities. Toward that goal, the County shall administer an opportunity for the Association to meet with new employees as follows:

All new employees are encouraged to attend the first new employee benefits orientation following the commencement of their employment. New employee Benefits Orientation is scheduled for every other week, and the Association will have up to thirty (30) minutes at the end of each session to provide information regarding its organization to its represented employees and members.

For employees who do not attend a benefits orientation within the first month of their employment, the Association may schedule, at the supervisor’s discretion, up to thirty (30) minutes with each employee to meet directly with them to provide information. Release Time requested for this activity will be reviewed and approved by Employee Relations under normal Release Time processes.

2.8 Employee Roster

The County shall supply without cost to the Association a bi-weekly electronic and sortable data processing run of the names, classifications, work locations, work, home, and personal cellular telephone numbers on file with the County and personal email addresses on file with the County, and home addresses of all employees in the units represented by the Association. Such lists shall indicate hourly rates of pay, hours worked, gross pay, Association dues withheld from employees’ checks as of the date the roster was prepared, membership status, the names added to or deleted from the previous list, and whether each such change in status was due to any type of leave of absence, termination, layoff, reemployment after layoff, retirement, or withdrawal from the Association. The County shall notify the Association of employees who are on an unpaid status in excess of twenty-eight (28) days.