County Labor Code: 13A-103

Sec. 13A-103. Employee Rights.

  1. Employees shall have the right of self-organization, to form, join, or assist any labor organizations, to bargain collectively through representatives of their own choosing on wages, hours and other terms or conditions of employment, and to engage in other concerted activities for the purpose of collective bargaining or other aid or mutual protection, free from interference, restraint, or coercion.
  2. Employees shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring as a condition of employment the payment of a monthly service charge, in an amount not greater than the regular monthly dues paid by union employees to such labor organization, as a contribution toward the administration of the agreement, as authorized in Section 13A-113(a)(3).
  3. Notwithstanding any other provision in this law, an individual employee may present a grievance at any time to his employer without the intervention of a labor organization, provided that the exclusive representative is afforded an effective opportunity to be present and to offer its view at any meetings held to adjust the complaint and that any adjustment made shall not be inconsistent with the terms of any applicable collective bargaining agreement. Such employee or employees who utilize this avenue of presenting personal complaints to the employer shall not do so under the name, or by representation, of a labor organization. Appeals of rights not subject to a grievance procedure, must, however, be appealed to the Personnel Board.
  4. In any instance where a collective bargaining agreement provides for retroactive pay for a period which exceeds one (1) year, the employee shall be entitled to interest calculated to the date of executed contract based upon the prevailing interest rate collected on County funds averaged over the period for which the interest is paid.
  5. Employees shall have the right to transfer up to one (1) day per year of annual leave to their respective union local for the purpose of union representation; provided, however, that the accumulation of annual leave of each union local shall not exceed the total number of hours normally worked by an employee in any one (1) year as prescribed in the salary plan outlining employee work week, leave, etc., and other conditions of work of each respective union local. The use of such leave shall be determined in accordance with procedures to be established by each union local and approved by the general membership of each respective union local at a general membership meeting. Said procedures shall not require any union member to transfer annual leave to the respective union local on terms not equal to that required to be transferred by other members of the union local. Upon the promulgation of procedures governing the use of leave for union purposes, each union local shall notify the Personnel Officer of adopted procedures for leave use. Before use of leave, each union representative shall give reasonable notice to his or her supervisor of the need to use leave for union purposes.

(CB-1-1973; CB-82-1980; CB-104-1980)

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