HomeMy WebLinkAboutResolution 1975 - 0127‘•~i’.•~
RESOLUTION NO.75-127
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
AND REPEALING RESOLUTION NOS.69-99 AND 71-4
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 Employer—Employee
Relations Resolution of the County SanitatLon Districts Nos.
1,2,3.5,6,7,and 11,of Orange County,California.
SECTION 2.PURPOSE
The purpose of this resolution is to implement Chapter
10,Division 4,Title 1 of the Government Code of the State of
California (Sections 3500 et seq.),captioned “Public Employee
Organizations’,by providing orderly procedures for the admin—
istration of employer—employee relations between the Districts
and its employees and for resolving dispu~es regarding wages,
hours and other terms and conditions of employment.This re
solution is intended to establish uniform and orderly methods
of communication between the Districts and their employees.
SECTION 3.DEFINITIONS
(A)DISTRICTS ——means County Sanitation Districts Nos.
1,2,3,5,6,7,and 11,of Orange County,Calif—
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•ornia,acting individually or in concert through
the Joint Administrative Organization.
(B)EMPLOYEE --means any person regularly employed by
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the Districts except elected officials.
(C)EMPLOYEE,CONFIDENTIAL --means any employee who,
in the regular course of his duties,has access to,
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or possesses information relating to,decisions of
the Districts’management,affecting employer—
employee relations.
(D)EMPLOYEE,MANAGEMENT -—means any employee who
formulates,determines,or administers management
policies and programs including,but not limited to,
all employees listed in Exhibit A,attached hereto.
(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 conncction with th~
foregoing the exercise of such authority is not of
a merely routine or clerical nature,but requires
the use of independent judgment,including,but not
limited to,all employees listed on Exhibit B,
attached hereto.
(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 employer—employee relations.
(H)EMPLOYER-EMPLOYEE RELATIONS --means the relation—
ship between the Districts andits employees or their
employee organizations concerning wages,hours,and
other terms and conditions of employment.
(I)IMPASSE ——means a deadlock in the discussions
between a recognized employee organization and the
Districts over any matter concerning,which they are
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required to meet and confer in good faith,or over
the scope of such subject matter.
(J)MEDIATION ——means the effort of an impartial third
person functioning as an intermediary,to assist the
parties in reaching a voluntary resolution to an
imp~sse,through interpretation,suggestion and advice.
(K)MEET AND CONFER IN GOOD FAITH --means the perfor
mance by Districts,or its duly authorized represen
tatives,and representatives of recognized employee
organizations of their mutual obligation 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 represen
tation.This does not compel either party to agree
to a proposal or to make a concession.
(L)RECOGNITION -—means acknowledgement by the Districts
General Manager that an employee organization is the
exclusive representative of all the employees in an
appropriate unit,except employees in such unit who
have elected to represent themselves.
(M)RECOGNIZED EMPLOYEE ORGANIZATION --means an employee
organization which has been granted recognition by
the Districts General Manager and the employee or
ganization which has the right to meet and confer in
good faith as the exclusive organizational represen
tative of all members of an appropriate unit except
those members in such unit who elect to represent
themselves.
(N)SCOPE OF REPRESENTATION —-means all matters relating
to employment conditions and employer—employee re—
lations,including,but not limited to,wages,hours
•and other terms and conditions of employment.
Districts’rights,as defined in Section 5 herein,
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are excluded from the scope of representation.
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.
(B)Employees have the right tç refrain from joining or
participatifig in the activities of employee organi
zations.
(C)Employees have the right at any time 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 here—
under.
(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
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the times such committee considers matters under
which this employee has managerial control or
has knowledge 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.
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~G)Professional employees have the right to be represented
separately from non-professional employees by a pro
fessional 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
or retarding of work,or any other interference with
the conduct of the Districts’operations,shall be
subject to immediate discharge or other disciplinary
action in the sole discretion of the District.
SECTION 5.DISTRICTS’RIGHTS
•Except as otherwisespecificallyprovided in this Resolu—
tion,or subsequent ones,the Districts have and retain the sole
and exclusive rights and functions of managements,including,
•but not limited to,the following:.
(A)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.
(B)To manage all facilities and operations of the
Districts,including the methods,means and personnel
by~which the Districts’operations are to be conduct
ed.
(C)-To schedule working hours,allot and assign work.
(D)To establish,modify or change work schedules or
standards.
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•(E)To direct the working forces,including the right to
hire,promote,demote,or transfer any employee.
(F)To determine the location of all plants and facilities.
(G)To determine the layOut and the machinery,equipment
or materials to be used.
(H)To determine processes,techniques,methods and means
•of all operations,including changes or adjustments
•
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of any machinery or equipment.
(I)To detern~ine the size and composition of the working
force.
(J)To determine policy,and procedures affecting the
selection or training of new employees.
(K)To establish,assess and implement employee perfor
inance standards,including,but not limited to,
quality and quantity standards;the assessment of
employee performances;and the procedures for said
assessment.
(L)To control and determine the use and location of
Districts’property,material,machinery or equipment.
(M).To schedule the operation of and to determine the
number and duration of shifts.
(N)To determine safety,health and property protection
measures.
(0)To ~transfer work from one job to another or frOm one
plant or unit to another.
(P)To’introduce new,improved or different methods of
operations,or to change existing methods.
(Q)To lay off employees from duty for lack of work or
other reasons deemed legitimate by management.
(R)To reprimand,suspend,discharge or otherwise
discipline employees for cause.
(s)To establish and determine job classifications.
(r)To take su’ch other’and further action as may be nec
essary to organize and operate the ~istricts in the
most efficient and economical manner and in the
best interest of the public it serves.
(U)To contract or subcontract construction,services,
maintenance,distribution or any other work with ‘
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outside public or private entities.
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(V)The exercise of management rights shall not preclude
•employees or recognized employee organizations from
presenting grievances concerning the effect of said
action upon the employees;provided,however,the
basic right of management to act hereunder or make
such decisions is unimpaired.
SECTION 6.PETITION FOR RECOGNITION.THE RIGHT TO MEET AND
CONFER IN GOOD FAITH
(A)An employee organization that seeks recognition for
the purpose of meeting and conferring in good faith
as the representative of all the employees in an
appropriate unit shall file a petition with the
DistrictsGeneral Manager containing the following
information and documentation:
(1)Name and address of the employee organization.
~2)Names and titles of its officers.
(3)Names of employee organization representatives
who are authorized to speak on behalf of its
menthers.
(4)A statement that the employee organization has,
as one of its primary purposes;representing
employees in their employment relations with the
Districts.
(5)A statement whether the employee organization
is a chapter or local of,or affiliated directly
or indirectly in any manner with,•a regional,
state,national or international organization
and,if so,the name and address of each such
regional,state,national or international or—
ganization.
(6)Certified copies of the employee organization’s
constitution and by—laws.
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(7)A designation of those persons,not exceeding
two in number,and their addresses;to whom
notice by regular United States mail will be
deemed sufficient notice on the employee or
ganization for any purpose.
(8)A statement that the employee organization
recognizes that the provisions of Section 923
4
of the California Labor code are not applicable
to Districts employees,and that the organization
does not and will not assert the right to call,
engage in,encourage,assist or condone,in any
manner,any strike,work stoppage,slow down,
sick in,or other concerted refusal to work by
employees of the Districts.
(9)•A st’atëment that the employee organization has
no restriction on membership based on race,color,
creed,sex,age or national origin.
(10)The job classifications or titles of employees
in the unit claimed to be appropriate and the
number of member employees therein.
(11).A statement that the employee organization has
in its possession written proof,dated within
six months of the date upon which the petition
is filed,to establish that a majority of the
employees in the unit claimed tobe appropriate,
have designated the employee organization to
•represent all employees in such unit in their
employment relations with the Districts.Such
written proof shall be submitted for confirmation
to the Districts General Manager.
(12)Arequest that the Districts General Manager
recognize the employee organization as the
representative of all of the employees in the
unit claimed to be.~appropriate for the purpose
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EXHIBIT “13”
SUPERVISORY EMPLOYEES
Procurement and Property Chief
Principal Accountant
Senior Engineer
Operations Engineer
Chief of Industrial Waste
Resources Management Engineer
Senior Facilities Supervisor
Senior Accountant
Systems Accountant
Associate Engineer
Chief Operator
Facilities Supervisor
Laboratory Director
Purchasing Supervisor
Assistant Engineer
Environmental Specialist
Plant Maintenance Supervisor
Senior Engineering Associate
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of meeting and conferring in good faith on all
matters within the scope of representation.
(B)Upon the determination by the Districts General
Manager that an employee organization has complied
with the requirements of (A)above and (F)below,
he may grant recognition for purposes of meeting and
conferring in good faith after determining the majority.
status of the petitioner by either:
(1)Having a secret ballot election conducted by
the State of California Conciliation Service,or
(2)B~any other reasonable method based upon written
•
proof executed within the preceding six months.
(C)Only one employee organization shall be granted re
cognition as the recognized employee organization,
entitled to meet and confer in.good faith within the
scope of representation,for employees in an appro
priate unit with the exception of self—represented
employees.
(D)DURATION OF RECOGNITION.When an employee organization
has been recognized,such recognition shall remain in
effect until such time as the recognized employee
or~anization is decertified or the appropriate unit
represented by such recognized employee organization
is modified,as provided in Section 8.
(E)RESTRICTION ON.REPRESENTATION.No employee shall be
represented by more than one recognized employee
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organization.
(F)APPROPRIATENESS OF UNITS.The Districts General
Manager,after reviewing the petition filed by an
employee organization seeking recognition,shall
determine whether the proposed unit is an appropriate
unit.•The principal criterion in making this determin—
atiori is whether there is a community of interest
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among such employees.The following factors among
others,are to be considered in making such determin—
ation:
(1)Which unit will assure employees the fullest
freedom in the exercise of rights set forth
under this resolution.
(2)The history of employee relations in the unit,
among other employees of the Districts and in
similar public employment.
(3)Theeff~ct of the unit on the efficient operation
of the Districts and sound employer-employee
relations.
(4)The extent to which employees have common skills,
working conditions,job duties or similar
•educational requirements.
(5)•Theeffect on the existing classification
structure of dividing a si~igle classification
among two or more units.
Provided,however,no unit shall be es
tablished solely an the basis of the extent to which employees
in the proposed unit have organized.
SECTION 7.DECERTIFICATION OF RECOGNIZED EMPLOYEE ORGANIZATIONS
(A)A petition for decertification alleging that a recog
nized employee organization is no longer entitled to
represent all of the employees in an appropriate unit
maybe filed with the Districts General Manager.The
•petition for dece~tificatiori may be filed by an
employee,a group of employees or their representatives,
•
or an employee organization.The petition,including
all accompanying documents,shall be verified.It
may be accompanied by a petition for recognition by
a challenging organization.The petition for decer—
tification shall contain the following information:
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(1)The name,address and telephone number of the
petitioner and a designated representative
authorized to receive notice or requests for
further information.
(2)The name of the recognized employee organization.
(3)An allegation that the recognized employee
organization is no longer entitled to represent
all of the employees in the appropriate Unit,
and any other relevant and material facts.
(4)Written proof that at least thirty percent of
the employees in the unit do.not desire to be
represented by the recognized employee organi
zation.Such written proof shall be dated within
six months of the date upon which the petition
is filed and shall be submitted for confirmation
to the Districts General Manager or to a mutually
agreed upon disinterested third party.
(B)MODIFICATION OF ESTABLISHED UNIT.A petition for
modification of an established unit may be filed by
an employee organization with the Districts General
Manager during the same period for filing a petition
for ~ecertification,and petition for modification
shall contain the following information:
(1)The name,address and telephone number of the
petitioner and a designated representative author—
ized to receive notices or requests for further
information.
•(2)The name of the recognized employee organization
that currently represents the employees in the
established unit.
(3)An allegation that the established unit is no
•longer appropriate and all relevant facts in
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support of such allegations.
(4)Written proof that at least thirty percent of
the employees within the proposed unit have
designated the petitioning employee organization
to represent them in their employment relations
with the Districts.
The Districts General Manager shall determine the appropriate
unit which may be the existing,the proposed—modified unit,or
some other appropriate unit.
After the Districts General Manager determines the appropriate
unit arising out of the operation of this section,he shall then
follow the procedures set forth in Section 6 for determining
recognition rights in such unit.
(C)There shall be no more than one election in any one
unit in any twelve month period.
(D)In any election held pursuant to .this resolution,the
result thereof shall be determined by a majority of all
employees in the unit eligible to vote in such election.
SECTION 8.MEMORANDUM OF AGREEMENT
(A)TERMS AND CONDITIONS.All matters of employer—
employee relations within the scope of representation
for all employees in any unit represented by a
recognized employee organization,or any individual
employee representing himself,shall remain the same
from year to year unless on.or before September 1 of
the calendar year 1975,and September of each calendar
•.•year thereafter,proposals in writing identifying the
areas within the scope of representation to be covered
in negotiations are filed with the Districts General
Manager by such recognized employee organization,or
such individual employee.
(B)APPROVAL OF.If agreement is reached by and between
the Districts General Manager and the recognjzed
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employee organization,on matters within the scope
of representation,they shall jointly prepare a
written memorandum of agreement,which shall then be
submitted to the Districts Boards of Directors.Said
agreement shall not be binding,nor of any force or
effect,unless and until approved by the Districts
Boards of Directors.
SECTION 9.IMPASSE
(A)If,after a reasonable period of time,the Districts
General Manager and the representatives of the re
cognized employee organization have exhausted all
possible means of reaching agreement,either party
may.,by written communication to the other,request
mediation.Within ten calendar days after receipt of
the written request,the parties shall request the
California State Conciliation Service to appoint,a
mediator.If the mediator is unable toresolve the
impasse,all unresolved issues shall be submitted to
the Districts Boards of Directors which retains the
right and responsibility of final decisions regarding
wages,fringe benefits,hours,and all other terms
and conditions of employment.
SECTION 10.NOTICE
(A)Except in cases of emergency,the Districts shall
give reasonable,written notice to each recognized
employee organization of any ordinance,rule,resolu
tion or regulation directly relating to matters
within the scope of representation proposed to be
adopted by the Districts,and shall provide such
recognized employee organization the opportunity to
meet with the Districts.
SECTION 11.PEACEFUL PERFORMANCE
(A)Any employee organization which,directly or indirectly
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by any means whatsoever,engages in,induces,condones
or encourages any employee to engage in a strike,sick
in,walkout,stoppage,or retarding of work,or any
other interference with the conduct of the Districts
operations,shall lose all rights hereunder,including
but not limited to,suspension or revocation of
recognition,cancellation of payroll deductions,pro—
hibition of access to work or duty stations and
bulletin boards.
SECTION 12.CONSTRUCTION
•(A)The Districts Boards of Directors may adopt such rules
and regulations necessary or convenient to implement
the provisions of this resolution and of Chapter 10,
Division 4,Title 1 of the Government Code of the
State of California.Nothing in this resolution shall
be construed to deny any person or employee any rights
•granted by Federal or State laws.The rights,powers
and authority of the Districts Boards of Directors in
ailmatters.,including the right to maintain any legal
action,shall not be modified.or restricted by this
resolution.
(B)If any provision or portion thereof contained in this
resolution,or the application thereof,to any person
or circumstance is held to be unconstitutional,invalid,
or unenforceable,the remainder of this resolution and
the application of such provision,or portion thereof,
to other persons or circumstances shall be deemed
severable,shall not be:affected,and shall remain
in full force and effect.
(C)The provisions of this resolution shall supersede and
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take precedence over the provisions of any prior
resolutions,minute orders or statements of policy
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by the Districts Boards of Directors dealing with the
same subjects and matters as are covered herein,
including,but not limited to,Resolution Nos.
69—99 and 71—4.
(D)Whenever written notice is required by this resolu
tion,such notice shall deem to have been received~on
the day immediately following the day on which it was
mailed (exc1~ding Saturdays,‘undays and holidays on
which the offices of the Districts are closed)pro
vided the same,was sent by first class or certified
mail,postage prepaid to the Districts at 10844 Ellis
Avenue,Fountain valley,California 92708,or to any
employee organization at its last address furnished
to the Districts.
SECTION 13.DISTRICT’S REPRESENTATIVE DESIGNATED
(A)TheDistricts Boards ofDirectors hereby designates
the Districts General Manager,or his duly authorized
representative,as the District’s principal repre—
sentative in all matters of employer—employee re—
lations,with authority to meet ax~id confer in good
faith on matters within the scope or representation.
SECTION 14
The Secretary of the Boards of Directors is hereby
directed to certify to the passage of this resolution and there
upon and thereafter the same shall be in full force and effect.
PASSED AND ADOPTED at a regular meeting held
September 10,1975.
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MANAGERIAL EMPLOYEES
General Manager
Chief Engineer
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Director of Finance
Superintendent
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EXHIBIT “A”
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STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,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
ResolutionNo.75-127 was regularly passed and adopted at a
regular meeting of said Boards on the 10th day of September ,1975
by the following vote,to wit:
AYES:Directors Donald Winn (Chairman),Lowell Amo,Robert
Battin,John Burton,.Edward .Byrne,_Michael_Callahan,._~.-
Dale Chaput,Ralph Clark,.Phillip Cox,Norman--Culver,
Jesse Davis.,Milan Dostal,Henry Duke,Vernon Evans,
Donald Fox,Alice Frankiewich,John Garthe,Norma
Gibbs,Francis Glockner,.Beth Graham,Miriam Kaywood,
Leonard MacKain,Don Mclnnis,Thomas McKnew,Bob Perry,
Thomas Riley,Donald Saltarelli,Laurence Schmit,George
Scott,Donald Shipley,John Store,Bernie Svalstad,Jess
Perez,Frances Wood,Martha Weishaupt.and Robin Young
NOES:None
ABSENT:Directors James Jackman,Kerm ?ima and Howard Rogers
IN WITNESS WHEREOF,I have hereunto set my hand this 10th day
of September,19 7S.
J./W yné/S ~stei,Secretary,
B6ards~of D~i’i1ectors County
/I ,
1 tion istricts Nos.1,2,
5,6,7,and 11 of Orange
County,California
S-101 •
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RESOLUTION NO.75-127
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
AND REPEALING RESOLUTION NOS.69-99 AND 71-4
The Boards of Directors of County Sanitation Districts
Nos.1,2,3,5.6,7,and 11,of Orange County,California
hereby resolve as fol1ows~
SECTION 1.TITLE OF RESOLUTION
This resolution shall be known as the Employer—Employee
Relations Resolution of the County Sanitation Districts Nos.
1,2,3,5,6,7,and 11,of Orange County,California.
SECTION 2.PURPOSE
The purpose of this resolution is to implement Chapter
10,Division 4,Title 1 of the Government Code of the State of
California (Sections 3500 et seq.),captioned Public Employee
Organizations”,by providing orderly procedures for the admin
istration ef employer—employee relations between the Districts
and its employees and for resolving dispu~es regarding wages,
hours and other terms and conditions of employment.This re
solution is intended to establish uniform and orderly methods
of communication between the Districts and their employees.
SECTION 3.DEFINITIONS
(A)DISTRICTS ——means County Sanitation Districts Nos.
1,2,3,5,6,7,and 11,of orange County,Calif—
•ornia,acting individually or in concert through
the Joint Administrative Organization.
(B)EMPLOYEE --means any person regularly employed by
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the Districts except elected officials.
(C)EMPLOYEE,CONFIDENTIAL --means any employee who,
in the regular course of his duties,has access to,
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required to meet and confer in good faith,or over
the scope of such subject matter.
(.J)MEDIATION ——means the effort of an impartial third
person functioning as an intermediary,to assist the
parties in reaching a voluntary resolution to an
impasse,through interpretation,suggestion arid advice.
(K)MEET AND CONFER IN GOOD FAITH --means the perfor
mance by Districts,or its duly authorized represen
tatives,and representatives of recognized employee
organizations of their mutual obligation 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 represen
tation.This does not compel either party to agree
to a proposal or to make a concession.
(L)RECOGNITION --means acknowledgement by the Districts
General Manager that an employee organization is the
exclusive representative of all the employees in an
appropriate unit,except employees in such unit who
have elected to represent themselves.
(M)RECOGNIZED EMPLOYEE ORGANIZATION --means an employee
organization which has been granted recognition by
the Districts General Manager and the employee or
ganization which has the right to meet and confer in
good faith as the exclusive organizational represen
tative of all members of an appropriate unit except
those members in such unit who elect to represent
themselves.
(N)SCOPE OF REPRESENTATION ——means all matters relating
to employment conditions and employer—employee re
lations,including,but not limited to,wages,hours
and other terms and conditions of employment.
•Districts’rights,as defined in Section 5 herein,
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~G)Professional employees have the right to be represented
separately from non—professional employees by a pro
fessional 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
or retarding of work,or any other interference with
the conduct of the Districts’operations,shall be
subject to immediate discharge or other disciplinary
action in the sole discretion of the District.
SECTION 5.DISTRICTS’RIGHTS
Except as otherwise specifically provided in this Resolu—
•tion,or subsequent ones,the Districts have and retain the sole
and exclusive rights and functions of managements,including,
..
but not limited to,the following:.-.
(A)To determine the nature and extent of services to be
pe-rformed,as well as the right to determine and
implement its public function and responsibility.
(B)To manage all facilities and operations of the
Districts,including the methods,means and personnel
by’which the Districts’operations are to be conduct
ed.
(C).To schedule working hours,allot and assign work.
(D)To establish,modify or change work schedules or
standards.
(E)To direct the working forces,including the right to
hire,promote,demote,or transfer any employee.
(F)To determine the location of all plants and facilities.
(G)To determine the layout and the machinery,equipment
or materials to be used.
(H)To determine processes,techniques,methods and means
•of all operations,including changes or adjustments
—5—
outside public or private entities.
•
(V)The exercise of management rights shall not preclude
•employees or recognized employee organizations from
presenting grievances concerning the effect of said
action upon the employees;provided,however,the
basic right of management to act hereunder or make
such decisions is unimpaired.
SECTION 6.PETITION FOR RECOGNITION.THE RIGHT TO ~ET AND
CONFER IN GOOD FAITH
(A)An employee organization that seeks recognition for
the purpose of meeting and conferring in good faith
as the representative of all the employees in an
appropriate unit shall file a petition with the
DistrictsGeneral Manager containing the following
information and documentation:
(1)Name and address of the employee organization.
~2)Names and titles of its officers.
(3)Names of employee organization representatives
who are authorized to speak on behalf of its
members.
(4)A statement that the employee organization has,
as one of its primary purposes,representing
employees in their employment relations with the
Districts.
(5)A statement whether the employee organization
is a chapter or local of,or affiliated directly
~or indirectly in any manner with,a regional,
state,national or international organization
and,if so,the name and address of each such
regional,state,national or international or—
ganizatioñ.
(6)Certified copies of the employee organization’s
constitution and by—laws.
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h.~
,~
EXHIBIT “B”
SUPERVISORY EMPLOYEES
Procurement and Property Chief
Principal Accountant
Senior Engineer
Operations Engineer
Chief of Industrial Waste
Resources Management Engineer
Senior Facilities Supervisor
Senior Accountant
Systems Accountant
Associate Engineer
Chief Operator
Facilities Supervisor
Laboratory Director
Purchasing Supervisor
Assistant Engineer
Environmental Specialist
Plant Maintenance Supervisor
Senior Engineering Associate
,.~......-~..
of meeting and conferring in good faith on all
matters within the scope of representation.
(B)Upon the determination by the Districts General
Manager that an employee organization has complied
with the requirements of (A)above and (F)below,
he may grant recognition for purposes of meeting and
conferring in good faith after determining the majority.
status of the petitioner by either:
(1)Having a secret ballot election conducted by
the State of California Conciliation Service,or
(2)By any other reasonable method based upon written
proof executed within the preceding six months.
(C)Only one employee organization shall be granted re
cognition as the recognized employee organization,
entitled to meet and confer in.good faith within the
scope of representation;for employees in an appro
priate unit with the exception of self—represented
employees.
(D)DURATION OF RECOGNITION.When an employee organization
has been recognized,,such recognition shall rer~iain in
effect until such time as the recognized employee
or~anization is decertified or the appropriate unit
represented by such recognized employee organization
is modified,as provided in Section 8.
(E)RESTRICTION ON REPRESENTATION.No employee shall be
represented by more than one recognized employee
organization,
(F)APPROPRIATENESS OF UNITS.The Districts General
Manager,after reviewing the petition filed by an
employee organization seeking recognition,shall
determine whether the proposed unit is an appropriate
unit.The principal criterion in making this cleterinin—
ation is whether there is a community of interest
—9—
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(1)The nanie,address and telephone number of the
petitioner and a designated representative
authorized to receive notice or requests for
further information.
(2)The name of the recognized employee organization.
(3)An allegation that the recognized employee
•organization is no longer entitled to represent
all of the employees in the appropriate unit,
and any other relevant and material facts.
(4)Written proof that at least thirty percent of
the employees in the unit do.riot desire to be
represented by the recognized employee organi
zation.Such written proof shall be dated within
six months of the date upon which the petition
•is filed and shall be submitted for confirmation
to the Districts General Manager or to a mutually
agreed upon disinterested third party.
(B)MODIFICATION OF ESTABLISHED UNIT.A petition for
modification of an established unit may be filed by
an employee organization with the Districts General
Manager during the same period for filing a petition
•for decertification,and petition for modification
shall contain the following information:
(1)The name,address and telephone number of the
petitioner and a designated representative author—
•ized to receive notices or requests for further
information.
•(2)The name of the recognized employee organization
that currently represents the employees in the
established unit.
(3)An allegation that the established unit is no
longer appropriate and all relevant facts in
—11—
employee organization,on matters within the scope
of representation,they shall jointly prepare a
written memorandum of agreement,which shall then be
submitted to the Districts Boards of Directors.Said
agreement shall not be binding,nor of any force or
effect,unless and until approved by the Districts
Boards of Directors.
SECTION 9.IMPASSE
(A)If,after a reasonable period of time,the Districts
General Manager and the representatives of the re
cognized employee organization have exhausted all
possible means of reaching agreement,either party
may.,by written communication to the other,request
mediation.Within ten calendar days after receipt of
the written request,the parties shall request the
California State Conciliation Service to appoint a
mediator.If the mediator is unable to resolve the
impasse,all unresolved issues shall be submitted to
the Districts Boards of Directors which retains the
right and responsibility of final decisions regarding
wages,fringe benefits,hours,and all other terms
and conditions of employment.
SECTION 10.NOTICE
(A)Except in cases of emergency,the Districts shall
give reasonable,written notice to each recognized
employee organization of any ordinance,rule,resolu
tion or regulation directly relating to matters
within the scope of representation proposed to be
adopted by the Districts,and shall provide such
recognized employee organization the opportunity to
meet with the Districts.
SECTION 11.PEACEFUL PERFORMANCE
(A)Any employee organization which,directly or indirectly
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by the Districts Boards of Directors dealing with the
same subjects and matters as are covered herein,
including,but not limited to,Resolution Nos:
69—99 and 71—4.
(D)Whenever written notice is required by this resolu
tion,such notice shall deem to have been received~on
the day immediately following the day on which it was
mailed (exc1i~ding Saturdays,undays and holidays on
which the offices of the Districts are closed)pro
vided the same was sent by first class or certified
mail,postage prepaid to the Districts at 10844 Ellis
Avenue,Fountain Valley,California 92708,or to any
employee organization at its last address furnished
to the Districts.
SECTION 13.DISTRICT’S REPRESENTATIVE DESIGNATED
(A)TheDistricts Boards ofDirectors hereby designates
the Districts General Manager,or his duly authorized
representative,as the District’s principal repre
sentative in all matters of employer—employee re—
lations,with authority to meet and confer in good
faith on matters within the scope or representation.
SECTION 14
The Secretary of the Boards of Directors is hereby
directed to certify to the passage of this resolution and there
upon and thereafter the same shall be in full force and effect.
PASSED AND ADOPTED at a regular meeting held
September 10,1975.
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*
a—
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,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
ResolutionNo.75-127 was regularly passed and adopted at a
regular meeting of said Boards on the 10th day of September ,1975
by the following vote,to wit:
AYES:Directors Donald Winn (Chairinan),Lowell Amo,Robert
Battin,John Burton,..Edward Byrne,~Michae1_Ca1laham,..~
Dale Chaput,Ralph Clark,.Phillip Cox,Norman--Culver,
Jesse Davis,Milan Dostal,Henry Duke,Vernon Evans,
Donald Fox,Alice Frankiewich,John Garthe,Norma
Gibbs,Francis Glockner,Beth Graham,Miriam Kaywood,
•
Leonard MacKain,Don Mclnnis,Thomas McKnew,Bob Perry,
Thomas Riley,Donald Saltarelli,Laurence Schmit,George
Scott,Donald Shipley,John Store,Bernie Svalstad,Jess
Perez,Frances Wood,Martha Weishaupt.and Robin Young
NOES:None
•
ABSENT:Directors James Jacknian,Kerm ~ima and Howard Rogers
IN WITNESS WHEREOF,I have hereunto set my hand this 10th day
of September,19 75.
J./Wyne/S ~ster,Secretary,
B~a~c1s’~’of ‘1~’ectors,County
~p~i~4~ion istricts Nos.1,2,
~,5’6,7,and 11 of Orange
•
County,California
S-101 •