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HomeMy WebLinkAboutOCSD 98-34 (REPEALED)·-, . •. RESOLUTION NO. OCSD 98-34 ESTABLISHING GUIDELINES FOR EMPLOYEE RELATIONS A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT ADOPTING RESOLUTION NO. 75-127 BY REFERENCE, A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS. 1, 2, 3, 5, 6, 7, 11, 13AND 14 OF ORANGE COUNTY, CALIFORNIA, ESTABLISHING GUIDELINES FOR EMPLOYEE RELATIONS WHEREAS, former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California (the "Predecessor Districts"), were nine individual county sanitation districts organized pursuant to the County Sanitation District Act (California Health & Safety Code Sections 4700 et seq.). By action of the Boards of Directors of the Predecessor Districts, pursuant to specific legislation enacted by the California State Legislature in 1996, an application was submitted to the Orange County Local Agency Formation Commission to legally consolidate the nine Predecessor Districts into one single sanitation district for all purposes. The application was approved, with an effective date of July 1, 1998. As of July 1, 1998, the Predecessor Districts cease to exist, and one single consolidated county sanitation district, known as the "Orange County Sanitation District" (the "District"), comes into existence in place of the Predecessor Districts. The District is formed to carry on the functions, and by operation of law, succeeds to all of the rights, title and obligations of the Predecessor Districts; and, WHEREAS, pursuant to the provisions of California Government Code Sections 3500 et seq. relating to public employee organizations, more commonly referred to as the "Meyers-Milias-Brown Act", the Predecessor Districts adopted Resolution No. 75-127, establishing guidelines for employee relations; and, WHEREAS, the Board of Directors of District has determined the necessity to continue the provisions of the Predecessor District's Employer-Employee Relations Resolution in effect. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District, 2090-300 64722_1 DOES HEREBY RESOLVE, DETERMINE AND ORDER: 1 REPEALED BY OCSD 99-24 .. Section 1: Resolution No. 75-127, a Joint Resolution of the Boards of Directors of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California, Establishing Guidelines for Employee Relations, attached hereto and incorporated herein by reference, is hereby adopted as the "Employer-Employee Relations Resolution of the Orange County Sanitation District. 2090-300 64722_1 PASSED AND ADOPTED at a Special Meeting held July 1, 1998. ~~-...Q Chair 2 ' . .. . . RESOLUTION NO. 75-127 A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF COUNTY SANITATION DISTRICTS NOS. l. 2. 3, 5. 6, 7, AND ll, 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. l. 2, 3, s. 6. 7, and 11, of orange County, California hereby resolve as follows: SECTION l. TITLE OF RESOLUTION This resolution shall be known as the Empfoyer-Employee Relations Resolution of the cou~ty Sanitat;ion Dis.tricts Nos. l, 2, 3. s. 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 ~500 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 empl~yment. 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 ~ounty sanitation Districts Nos. l, 2, 3, 5, 6. 7, and 11, of orange County, Calif- ornia, acting individually or in concert through the Joint J\dministrati.ve Organization. (D) EMPLOYEE --means any person regularly employed by the Districts except elected officials • . (C) EMl'LO'..."EE, CONF.IDENTIAL --means any employee who, in the regulnr course of his duties, has access to, -1- .. .. or possesses information relating to, decisions of the Districts' management, affecting emp~oyer- employee relations. (D) EMPLO'YEE, MANAGEME~T means any employee who formulates, determines, or adrn~nisters 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) ~MPLOYEE, 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 reconunend 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, 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 pr~mary purposes representing such employees in their employer-employee relations. (H) . EMPLOYER-EMPLOYEE RELATIONS -~ means the relation- ship between the Districts and its 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 -2- .. 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 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) RECOGN!Z~D EMPLOYEE ORGANIZATION --means an employee organization which has been granted recognition by the Districts General Manager and the employee or- ga.nization which has the right to meet and confer in good faith as the exclusive organizational rcpresen- 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, inch1ding, but not limited to, wages, hours ·and other terms and conditions of employment. Districts' rights, as defined in Section 5 herein, -3- are excluded from the scope of representation. SECTION 4. EMPLOYEE RIGHTS (A) Employees have the right to form, join and participate i~ the activities of employee organizations of their own choosing for the purpose of repre~entation on all matters of employee relations. (B) Employees have the right tQ refrain from joining or participati~g 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 o~ a recognized· employee organization_which represents emp~oyees 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 knowledge about as a confidential employee. (F) Supervisory employees who are members of a recognized employee organization which repre~ents employees _who are not.supervisory employees shall not serve as representatives of such organizations in any stage of the grievance procedure. -4- ... .. ··.• . . 'G) Professional employees have the ···ri.ght 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 inunediate discharge or other disciplinary a~tion in th~ sole discretion of the District. SECTION 5. DISTRICTS' RIGHTS Except as otherwise specifically.provided in this Resolu- tion, or subsequent ones, the Districts ha ye and re ta in, 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 =esponsibility. (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 establis'h, ·modify or change work schedu·les or standards. (E) To direct the working forces, inc~uding the right to hire, promote, demote,· or transfer any employee. (F) To dete=mine 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 o= adjustmcnes -5- t .. - of any machinery o~ equipment. (I) To detertl\ine the size and composition of the working force. (J) To determine policy and procedures affecting the selection or training of new empioyees. (K) To establish, assess and implement employee perfor- mance standards, including, but not limited to, quality and quantity standards: the assessment of employee performances; and the procedures for said assessment. (L) ·(M). (N) To control and determine the use and location of Districts' property, material, machinery or equipment. To schedule the operation of and to determine the number and duration of shifts. To determine safety, health and property protection measures. (0) To ~ransfer work from one job to another or from one plant or unit to another. (P) To introduce new, improved or different methods of op~rations, or to change existing methods. (0) 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. ·(T) To take such other and further . action as may be nec- essary to organize and operate the Districts 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 -&- .. "·· outside public or private en~ities. . (V) The exercise of management rights shall not preclude employees or recognized employ~e organizations from presenting grievances concerning.the effect of said action upon tbe 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 fl·le a petition with the DistrictsGeneral Ma.nager containing the following information and documentation: (1) Name and address of the emp1oyee"organiz~tion • . C2) 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 indirectlr 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- 9anizatiori. (6) certified copies of the employee organization's constitution and by-laws. -7- • .. ,. (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 suffi'cient notice on the employee or- 9anization for any purpose •• (8) A statement that the employee organization recognizes that the provisions of Section 923 • o~ the California Labor Code are not applicable to Districtsemployees, and that the organization does no~ 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 statement that the employee organization has no rest~iction 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 to. be appropriate, have designated the employee organization to represent all employees in such unit in their ~mployment relations with the Districts. Such written pr'oof shall be submitted for confirmation .to the Districts General Manager. (lZ) A"request that the Districts General Manager recognize the employee organization as the representative of ull of the employees in the unit claimed to be appropriate for the purpose ··•·· • 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 St~te of California Conciliation Service, or (2) By any other reasonable method based upon written proof exe~uted within the preceding six -months. (C) Only one employe~ 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 ~ith 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 recog.nized employee or~anization is decertified or the appropriate unit represented by such recognized employee organiz~tion 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 principul criterion in making this determin- ation is whether there is a community of interest -9- .. ·. among such employees. The following factors among others, are to be considered in maxing such·determin- ation: (l) 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) The.effect of the un~t on the efficient operation of the Districts and sound employ~r-employee relations. (4) The extent to which employees have common skills, working conditions, job duties or similar .educational requirements •. (5) ·The effect on the existing classification .. structure of dividing a single classification among two or more units. Provided, however, no unit shall be es- tablished solely on the basis o! the extent to which employees in the proposed unit have organized. SECTION 7. DECERTIFICATION O~ RECO~ZED EMPLOYEE ORGANIZATIONS. (A) A petition for decertification alleging that a recog- niz~d employee organization is no longer entitled to represent all of the employees· in an appropriate unit may be fil~d with the Districts General Manager. The petition for dece~tification may be filed by an \ . t 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 dec'?r- tification shall con~a~n ·the following information: -10- .. .. (1) The name, address and telephone number of the petitioner and a designated representative authorized to receive notice or requests for further infoi:ma ti on·. (2) The name ~f the recognized e~ployee 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 submi~ted for confirmation to the Districts General Manager or to a mutually agreed· upon disinterested third party. (B} MOD.IFICATION 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 rclcv~nt facts in -11- • • support of such allegations. (4) Written proof that at least thirty percent of the employees within the proposed unit have . designated the petitionin9 e~ployee organization to represent them in their employment relations with the Districts. Tbe 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 determi~ed by a majority of all employees in the unit eligible to vote in such election. SECTION 8. MEMORANDUM OF AGREEMENT (A) TERMS AlID CONDITIONS. All matters of employer- employee rela.tions within the scope of representa~ion for, all employees· in any unit represented by a recognized employee organization, or any individual emp~oyee 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 ~ithin 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 arid between the Districts General Manager and the recognized -12- .. SECTION 9. 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. IMPASSE (A) If, after a reasonable period of time, ~he Districts General Manag~r and the representatives of the re- cognized 'employee organization have. exh~usted a~l. 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 un~le 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) Exce~t in cases of emergency, the Districts shall give reasonabl~. written notice to each recognized employee organization of any ordinance, rule, resolu- tion or regulatior.. directly relating to matters within the sco~e 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 -13- .. .. by any means whatsoever, engages in, induces, condones or encourages any e~ployee to engage in ~ 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 ~evocation of . recognition, cancellation 0£ 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 conven~ent to implement the provisions of this resolution and of Chapter 10, -. Division 4, Title l of the Government Code of the State of California. N~thing i~ this resolution shall . -. . -.. be construed tp deny any person o~ employee any rights granted by Federal or State laws. The rights, powers and authority of the Districts Boards of ?irectors in all -matters., including the right to maintain any legal ~ction, shall not be modified or restricted by this . resolution. (B} If any provision or portion thereof contained in this resolution, or the application thereo:, to any person -·-· -·-·-or circumstance is held .to be unconstitutional, invalid, ~r unenforceable, the remainder of this resolution and the.application of such provision, or portion t.~ereof, to other persons er circumstances shall be deemed severable, shall ~ot be affected, and shall· remain in full force and effect. (C} The provisions of this resolution shall supersede and take precedence over the provisions of any prior resolutions, minute orders or statements of policy -14- . .. .. .• • .. l1 · by the Districts Boards of Directors dea~in9 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, sue~ notice shall deem to have been received on the day immediately following the day on which it was ·mailed (.excl~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 REPRESENTF>.T:VE DESIGNATED (A) The Districts Boards of Directors hereby designates the ·nistricts General Manager, or his duly authori:ed repre_sentative,. as the District's principal repre- sent~tive 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. -1 5- .. EXHIBIT "A" MJ\N~GERI~L EMPLOYEES General Manager • Chief Engineer Director of Finance Superintendent .. SUPERVISORY EMPLOYEES ~rocuremcnt and Property Chief Princip"l 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· Supervis.or Assistant Engineer Environmental Specialist Plant Maintenance Supervisor Senior Engineering .Associate EXHIBIT •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, S, "6, 7, and 11 of Orange County, California, do hereby certify that the above and foregoing Resolution.No. 75-127 was regularly passed and adopted at a regular meeting of said Boards on the 10th day of· September , 19 75 , by the following vote, to wit: AYES: Di.rectors Donald Winn "(Chairman), Lowell AJJJ.o, Robe.rt Battin, John Burton, Edward Byrne, _Michael .Callahan., --··- Dale Chaput, Ralph Clark,. Phillip Cox, Norman Culver, Jesse Davis, J.ulan Dostal, Henry Duke, Vernon Evans, Donald Fox, Alice Frankiewith, John Garthe, Norma Gibbs, Francis Glockner, Beth Graham, Miriam Kaywood, Leonard MacKain~ Don Mclnnis, Thomas McKnew, Bob Perry, Thoma.S Riley, Donald Saltarelli, Laurence Schmit, George Scott, Donald Shipley, John Store, Bernie Svalstad, Jess Perez, Frances Wood, J.lartha Weishaupt. and Robin Young NOES: None ABSENT: Directors James Jackman, Kerm ~ima and Howard Rogers IN WI'INESS WHEREOF, I have hereunto set my hand this 10th day of September , 19 75 • S-101 J. Wayne Sylvester, Secretary, Boards of Directors, County SanitationCnistricts Nos. 1, 2, ~, s:·6, 7, and 11 of Crance County, California