§ 3.45.070. Employer of record.

A.

The PASC shall be the employer of IHSS providers within the meaning of Government Code Section 3500 et. seq. with the exception of job security and any other employment right which would limit the recipients' unconditional and exclusive right to hire, fire and supervise their providers.

B.

Providers, members of the governing body and any and all other employees of the PASC shall not, because of those designations, be deemed to be employees of the county for any purpose.

C.

The PASC shall not be deemed to be the employer of IHSS providers for purposes of liability due to the negligent or intentional torts of the IHSS providers.

D.

Due to the special and critical health-care services provided through the IHSS program, the board hereby finds that any interruption of such services would pose an imminent threat to the health and safety of the recipients of IHSS services and to the community. In order to minimize the likelihood of such interruption and thereby protect the health and safety and to promote harmony and productive labor relations between the PASC and any labor organization which seeks to represent or represents the providers of services to recipients of IHSS services:

1.

The PASC shall take all legal action necessary to bar any strike or other concerted interruption of services to IHSS recipients;

2.

A showing of interest by at least 10 percent of the unit of providers of services to IHSS recipients, as defined by the PASC, shall be a sufficient showing of interest for any labor organization to initiate any election or representation procedures established by the PASC for the purpose of certifying an exclusive representative for purposes of collective bargaining;

3.

The PASC shall have a nonstrike clause in any and all collective bargaining agreements with providers and personnel of the PASC. The nonstrike clause shall continue at least one year beyond the other provisions of any and all collective bargaining agreements;

4.

Any collective bargaining agreement reached between the PASC and any labor organization certified to represent providers of IHSS services shall be subject to the limitation of this chapter and to ratification in its entirety (i.e., all provisions of such agreements shall be subject to the same vote) by a simple majority of the votes cast in a ballot in which all providers of IHSS services, as defined by the PASC, shall be eligible to participate. Final adoption of any such agreement shall be by a simple majority vote of the PASC board.

(Ord. 97-0053 § 1 (part), 1997.)