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Human Resources Department

Western Council of Engineers (WCE)

2019 - 2023 WCEMemorandum of Understanding: Article 10: Management Rights

Western Council of Engineers

10.1 Reservation of Rights

The Council recognizes that the County has and will continue to retain in all respects, whether exercised or not, the exclusive right subject to this Memorandum, to operate, administer, and manage its public services and its work force performing those services.

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10.2 County Rights

The exclusive rights of the County shall include, but not be limited to, the right to determine the organization of County government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect administrative regulations and Employment Rules and Regulations consistent with law and the specific provisions of this Memorandum, to direct its employees, to take disciplinary action, to relieve its employees from duty because of lack of work, or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the methods, means and personnel by which the County's services are to be provided, including the right to schedule and assign work and overtime, and to otherwise act in the interest of efficient service to the County.

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10.3 Contracting Out Bargaining Unit Work – Council Notice

Prior to the Board of Supervisors taking formal action to contract out bargaining unit work represented by the Council, the Department Head will inform the County Administrator, the Human Resources Department, and the Council in writing of any substantial efforts being undertaken by the Department to consider contracting out such bargaining unit, will share with the Council any reports on such matters (including any cost benefit analyses) addressed to the Board of Supervisors, and, upon request of the Council, will meet and discuss the contracting out proposal with the Council. If the Board of Supervisors decides, by legislative action, to contract out any bargaining unit work, the County will send (hand delivered or by certified mail, return receipt requested) a written 90-calendar day notice to each employee represented by the Council who will lose his or her allocated position or will have his or her regular work schedule reduced as a result of the contracting out action. The County will send the Council copies of all employee notices. The 90-day notice will specify that the employee will lose his or her position or will have a reduction in work hours effective 90 calendar days from the date the employee receives the notice.

If the County should decide to layoff or reduce the work hours of an employee prior to the expiration of the 90-day notice period, the employee shall receive regular pay and benefits for the amount of the employee’s regular workdays remaining within the 90-day notice period. In the event that an employee receives a 90-day notice under this Section, the County will continue to make a reasonable effort to place the affected employee in another available position(s) within the County for which the employee is qualified consistent with applicable Civil Service Rules and other related employment requirements. In return for the foregoing, the Council agrees the County is under no obligation under state law or the County Employee Relations Policy to meet and confer with the Council over either the decision to contract out bargaining unit work or the impact to represented employees resulting from such contracting out. During the 90-day notice period, the Council and the County agree to collaboratively discuss possible options / alternatives to mitigate negative impacts on represented employees.

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