On January 13, 2009, Resolution 2009/18 granted informal recognition to Professional and Technical Engineers, Local 21, AFL-CIO (“Local 21”) for bargaining units consisting of the classifications listed in the Appendices attached thereto. Subsequently, on June 23, 2009, Resolution 2009/322 granted recognition to the same bargaining units pursuant to a card check election supervised by the State Mediation and Conciliation Service. The unit description in both Resolutions identified the classifications involved, but the description did not specify the types of employees covered (e.g., full-time, part-time or temporary employees).
On or about April 27, 2011, Local 21 filed a grievance against Contra Costa County, asserting that they represented all employees in those classifications listed in the Resolutions, regardless of the status of the employee (e.g., retiree) or the number of hours worked in the position (e.g., part time or intermittent). On or about July 2013, the parties reached a Settlement Agreement (attached), which provides that the scope of the bargaining unit will include temporary employees. However, notwithstanding Government Code section 3504, for those Local 21-represented temporary employees who are retired from Contra Costa County service (“retiree temps”), the Settlement Agreement specifically excludes the subjects of health benefits, dental benefits, and retirement benefits from the scope of representation.
The precise scope of the bargaining unit represented by Local 21 will remain unclear.