HomeMy WebLinkAboutResolution 1969 - 0099 (AMENDED)RESOLUTION NO.69-99
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS
OF COUNTY SANITATION DISTRICTS NOS.1,2,3,
5,6,7,AND 11,OF ORANGE COUNTY,CALIFORNIA,
ESTABLISHING GUIDELINES FOR EMPLOYEE RELATIONS
The Boards of Directors of County Sanitation Districts
Nos.1,2,3,5,6,7,and 11,of Orange County,California
hereby resolve as follows:
SECTION 1.TITLE OF RESOLUTION
This resolution shall be known as the F~ployee Relations
Resolution of the County Sanitation Districts Nos.1,2,3,
5,6,7,and 11,of Orange County,California.
SECTION 2.PUEPOSE
The purpose of this resolution is to establish rules and
regulations for the administration of employer-employee relations.
SECTION 3.DEFINITIONS
(A)DISTRICTS --means County Sanitation Districts Nos.
1,2,3,5,6,7,and 11,of Orange County,California,
acting individually or in concert through the Joint
Administrative Organization.
(B)EMPLOYEE --means any person regularly employed by the
Districts except elected officials.
(C)EMPLOYEE,CONFIDENTIAL --means any employee who,in
the regular course of his duties,has access to,or
possesses information relating to,the Districts’labor
relations.
(D)EMPLOYEE,MANAGERIAL --means any employee who formulates,
determines,or administers management policies.
(E)EMPLOYEE,PROFESSIONAL --means any employee engaged in
work requiring scientific or specialized knowledge
or skills attained through a recognized course of study
and instruction.
(F)EMPLOYEE,SUPERVISORY --means any employee having
authority to hire,transfer,suspend,lay off,recall,
promote,discharge,assign,reward,or discipline
other employees,or responsibility to direct them,
or to adjust their grievances,or effectively to
recommend such action,if in connection with the
foregoing the exercise of such authority is not of
a merely routine or clerical nature,but requires
the use of independent judgment.
(G)EMPLOYEE ORGANIZATION --means any organization which
includes employees of the Districts and which has
as one of its primary purposes representing such
employees in their employee relations.
(H)EMPLOYEE RELATIONS --means the relationship between
the Districts and its employees or their employee
organizations concerning wages,hours,and other terms
and conditions of employment.
(I)MEET AND CONFER IN GOOD FAITH --means that the
Districts,or its duly authorized representatives,
and representatives of recognized employee organizations
shall have the mutual obligation personally to meet
and confer in order to exchange freely information,
opinions,and proposals,and to endeavor to reach
agreement on matters within the scope of representation.
(J)RECOGNIZED EMPLOYEE ORGANIZATION -~means an employee
organization which has been recognized by the Districts
as representing a majority of employees in an appropriate
unit.
SECTION 4.EMPLOYEE RIGHTS
(A)Employees have the right to form,join and participate
in the activities of employee organizations of their
own choosing for the purpose of representation on all
matters of employee relations.
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(B)Employees have the rig’rrI to refrain from joining
or participating in the activities of employee
organizations.
(C)Employees have the right at any t.ime to represent
themselves individually in their employee relations.
(D)Neither the Districts,nor any employee organization,
nor any employee,shall interfere with,intimidate,
restrain,coerce,or discriminate against any
employee or employees because of the rights guaranteed
hereunder.
(E)Managerial-and confidential employees who are members
of a recognized employee organization which represents
employees who are not managerial or confidential
employees shall not:
(1)represent the employee organization
on matters within the scope of
representation,or
(2)serve on committees of a recognized.
employee organization which represents
employees who are not managerial or
confidential employees at the times such
committee considers matters under which
this employee has managerial control or
has Imowledge about as a confidential
employee.
(F.)Supervisory employees who are members of a recognized
employee organization which represents employees who
are not supervisory employees shall not serve as
representatives of such organizations in any stage of
the grievance procedure.
(G)Professional employees have the right to be represented
separately from non-professional employees by a
professional employee organization consisting of such
professional employees.
(H)Nothing herein shall be construed to give employees
the right to strike,and any employee who encourages,
causes or participates in any strike,walkout,stoppage
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or retarding of work,or any other interference with
the conduct of the Districts’operations,shall be
subject to immediate discharge or other discipline
in the sole discretion of the District.
SECTION 5.RIGHTS OF RECOGNIZED EMPLOYEE ORGANIZATIONS
(A)Recognized employee organizations have the right to
represent their members,and meet and confer in good
faith,concerning all matters relating to employee
relations,except that the scope of representation
shall not include consideration of the merits,
necessity or organization of any service or activity
provided by law or executive order,nor shall it
include any of the Districts’rights as set forth
in Section 6 hereof.
(B)Except in the case of emergency,each affected
recognized employee organization shall be given
reasonable notice of any ordinance,nile,resolution,
or regulation directly relating to matters within
the scope of representation proposed to be adopted
by the Districts’Boards of Directors,and shall
be given the opportunity to meet with said body prior
to adoption.
(C)Recognized employee organizations may have regular
dues and other authorized payroll deductions deducted
from the employees’paychecks and remitted directly
to them.Provided,however,such deductions are
authorized in writing by the individual employees
and may be revoked by them at any time by a sub
sequent written notice.
(D)Any employee organization which engages in,or induces
or encourages any employee employed by the Districts
to engage in a strike,walk-out,stoppage or retarding
of work,or any other interference with the conduct of
the Districts’operations,shall immediately lose all
rights hereunder.
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SECTION 6.DISTRICTS’RIGHTS
Except as otherwise specifically provided in this Resolution,
or subsequent ones,the Districts have and retain the sole
and exclusive rights and functions of management,including,
but not limited to,the following:
(A)Th’e right to determine the nature and extent of
services to be performed,as well as the right
to determine and implement its public function and
•responsibility.V
(B)The right to manage all facilities and operations of
the District,including the methods,means and
personnel by which the Districtst operations are
to be conducted.
(C)The right to schedule working hours,allot and assign
work.
(D)The right to establish,modify or change work schedules
or standards.
(E)The right to direct the working forces,Including the
right to hire,promote,demote,or transfer any
employee.
(F)The location of all plants and facilities.
(G)The determination of the layout and the machinery,
equipment or materials to be used.
(H)The determination of processes,techniques,methods
•
and means of all operations,including changes or
adjustments of any machinery or equipment.
(I)The determination of the size and composition of the
working force.
(J)The determination of policy and procedures affecting
the selection or training of new employees.
(K)The establishment,assessment and implementation
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of employee performance standards,including,but
not limited to,quality and quantity standards;
the assessment of employee performances;and the
procedures for said assessment.
(L)The control and use of Districtst property,material,
machinery or equipment.
(M)The scheduling of operations and the determination
of the number and duration of shifts.
(N)The determination of safety,health and property
protection measures.
(0)The transfer of work from one job to another or from
one plant or unit to another.
(P)Introduction of new,improved or different methods
of operations,or changes in existing methods.
(Q)The right to relieve employees from duty for lack of
work or other reasons deemed legitimate by management.
(R)The right to reprimand,suspend,discharge or other
wise discipline employees for cause.The jud~nent of
management shall govern except for an abuse of
discretion.
(S)The establishment and determination of job classifications.
(T)The right to take such other and further action as
may be necessary to organize and operate the Districts
in the most efficient and economical manner and in the
best interest of the public it serves.
(U)The exercise of management rights shall not preclude
employees or reco~ized employee organizations from
presenting grievances concerning the effect of said
action.upon the employees;provided,however,the
basic right of management to ~ct tiereuiider or make
such decisions i~~.‘1i~npaired.
SECTION 7 Rl~J\rITION OF EMPLOYEE ORGANIZATIONS
~An employee organization seeking formal recognition as
the majority representative of employees in an
appropriate unit shall file a petition with the
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Districts’General Manager containing the following:
(1)Name and address of the organization.
(2)A statement that the organization has,as
one of its primary purposes,the representation
of the Districtst employees in their employment
relations with the Districts.
(3)Copies of the organization’s constitution
and by-laws.
(4)Names of representatives authorized to
speak and receive communications on behalf
of the organization.
(5)The names of all employees it claims to
represent together with their job classifi
cations or titles and departments.
(6)A designation of the appropriate unit for
which recognition is sought.
(7).A statement that said organization has been
designated by a majority of the employees
in the appropriate unit to represent them
in their employee relations.
(8)An appropriate demand for recognition.
(B)Upon the determination by the Districts’General Manager
that the petitioner meets the criteria of an employee
organization,he may,at his sole discretion,grant
recognition for purposes of meeting and conferring
in good faith after determining the majority status of
the employee organization by either having a secret
ballot election conducted by some neutral third person
or by any other reasonable method based upon written
proof executed within the preceding six (6)months.
(C)The determination of what constitutes an appropriate
unit shall he made solely by the Districts’General
Manager,which decision shall be a fair and reasonable
one which takes into account all applicable precedent.
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Said decision may be appealed within ten (10)days
from when made by filing an appeal with the Secretary
•of the Districts’Board of Directors,which appeal
shall be considered at the next regular meeting of the
Joint Boards.
SECTION 8.REVOCATION AND MODIFICATION OF RECOGNITION
(A)At any time employees may submit a petition to the
Districts’General Manager requesting that the
recognition granted an employee organizati~n be
revoked or modified.Said petition must be signed
within the preceding six (6)months,by at least
thirty percent (30%)of the employees in the unit.
(B)Upon the determination by the Districts’General
Manager that the signatures are genuine and timely,he
shall proceed to have an election conducted by some
neutral third person.
(C)There shall be no more than one election in a
twelve-month period within the same representation
uiiit (for purposes of this clause only,recognition
on the basis of card checks shall be considered the
same as an election.)In the absence of revocation
or modification of recognition,recognition shall
continue on a year—to-year basis.
SECTION 9.MEMORANDUM OF AGREEMENT
If agreement is reached by the representatives of the
Disjricts and the recognized employee organization,they shall
jointly prepare a written memorandum of such understanding,which
shall then be submitted to the Districts’Boards of Directors
for their approval.Said agreement shall not be binding until
such acceptance by said Boards,which retain the right and
responsibility of final decisions regarding wages,fringe
benefits,hours,and all other terms and conditions of employment.
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SECTION 10.SEPARABILITY
If any provision of this resolution or the application of
such provision to any person or circumstance shall be held invalid,
the remainder of this resolution or the application of such
provision to persons and circumstances other than those to which
it is held Invalid shall not be affected thereby.
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STATE OF CP~LIFORNIA
ss.
COUNTY OF ORM~GE
I.FRED A.HARPER.Secretary of the Boards of Directors
of County Sanitation Districts Nos.1,2,3,5,6,7,and 11,
of Orange County,California,do hereby certify that the above
and foregoing Resolution No.69-99 was regularly passed and
adopted ata regular meeting of said Boards on the 12th day
of November ,1969 ,by the following vote,to wit:
AYES:Directors Clifton Miller (Chairman),
Lowell Amo,Burton Broo1~s,Norman E.Culver,
Jack Gomez,N.John V.V.Green,Lorin Griset,
Robert Harvey,Wade Herrin,Dale Kroesen,
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Don Mclnnis,Doreen Marshall,Frank Marshott,
Robert Nevil,Lindsley Parsons,Ellis N.Porter,
Louis Reinhardt,Howard Rogers,A.J.Schutte,
Edward Just,Donald D.Shipley,Don E.Smith,
Thomas .0.Speer,James Workman and Wm,Hirstein
NOES:None
ABSENT:Directors Stanley Anderson,Harold Bousman and
Paul C.Furman
IN WITNESS WHEREOF,I have hereunto set my hand this 12th
day of November ,1969..
Tired A.Harper,~~~¼~J
of DirectorB,County Sanitation
Districts Nos.1,2,3,5,6,7,
and 11,of Orange County,California