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HomeMy WebLinkAboutOCSD 99-24RESOLUTION NO.OCSD 99-24 ADOPTING A NEW EMPLOYER-EMPLOYEE RELATIONS RESOLUTION AND REPEALING RESOLUTION NO. OCSD 98-34 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT ADOPTING A NEW EMPLOYER-EMPLOYEE RELATIONS RESOLUTION AND REPEALING RESOLUTION NO. OCSD 98-34. WHEREAS,Joint Resolution No.75-1 27 established rules and regulations for Employer-Employee Relations of the former County Sanitation Districts of Orange County;and, WHEREAS,upon consolidation of the Districts into the Orange County Sanitation District,former Joint Resolution No.75-1 27 was re-enacted without thange as Resolution No.OCSD 98-34;and WHEREAS,changes in the laws and District practices since 1975 make it desirable and appropriate to update the District’s employment relations rules and regulations;and WHEREAS,State law (the Meyers-Milias-Brown Act)permits local agencies to adopt reasonable rules and regulations for the orderly administration of labor relations after meeting and consulting with appropriate labor organizations, NOW THEREFORE,the Board of Directors of the Orange County Sanitation District, DOES HEREBY RESOLVE,DETERMINE AND ORDER: That this Resolution upon adoption approves the rules and regulations set forth herein for employer-employee relations and repeals Resolution No.OCSD 98-34 H:\wp.dta’.admin\BS\Reso~utions\1 999\OCSD99-24.doc 1 RULES AND REGULATIONS ARTICLE I.GENERAL PROVISIONS SECTION 1.STATEMENT OF PURPOSE This Resolution implements Chapter 10,division 4,Title I of the Government Code of the State of California (Sections 3500 et seq.)captioned “Local Public Employee Organizations”,by providing orderly procedures for the administration of employer- employee relations between the District and its employee organizations.Nothing contained herein shall be deemed to supersede the provisions of the State law. It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with recognized employee organizations regarding the wages,hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by Federal or State law.This policy is supplemented by provisions recognizing and defining the rights of employees to join organizations of their own choosing for the purpose of representation on matters affecting employee relations or to represent themselves individually in dealing with the District. SECTION 2.DEFINITIONS As used in this Resolution,the following terms shall have the meanings indicated: a.“Appropriate representation unit”means a group of employee classes or positions,established in accordance with the criteria set forth in Article II,Section 6. b.“Confidential employees”are those employees who,with authorized access, assist and act in a confidential capacity to and for persons who formulate, determine,and effectuate management policies with respect to labor relations. c.“Consult”means to communicate verbally or in writing for the purpose of presenting and obtaining views and advising of intended action. d.“Contract employee”means an individual who works for the District pursuant to a written contract as set forth in Policy Al 0.00 in the “Human Resources Department Policies and Procedures”manual. e.“Day”means calendar day unless expressly stated otherwise. f.“District”means the Orange County Sanitation District. H:\wp.dta~admIn\BS\ResoIutions\1 999\OCSD99-24.doc 2 g.“District representative”means any individual designated to represent the District with regard to employer-employee relations. h.“Regular employee”means any person employed by the District except elected officials and temporary and contract employees. i.“Employee organization”means any organization which includes employees of the District and which has as one of its primary purposes representing such employees in their employment relations with the District. j.“Employee Relations Officer”means the Director of Human Resources or the Director’s designee. k.“Exclusively Recognized Employee Organization”means the employee organization which has been formally acknowledged by the District as the exclusive representative of employees in an appropriate representation unit, pursuant to a majority vote of the employees in such a unit.There shall be no recognition of employee organizations other than exclusive recognition. I.“Impasse”means the existence of unresolved differences after good faith negotiations over an issue regarding wages,hours or other terms and conditions of employment. m.“Management Employee”means an employee having responsibility for formulating,administering or managing the implementation of District policies and programs. n.“Mediation”means the efforts of an impartial third person,or persons,functioning as intermediaries,to assist the parties in reaching a voluntary resolution of an impasse. o.“Meet and confer in good faith”,or “meet and confer”,means that the representatives of Exclusively Recognized Employee Organizations and the District shall have the mutual obligation personally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely,information,opinions,and proposals,and to endeavor to reach agreement on matters within the scope of representation,including the mutual obligation to execute a written document incorporating any agreement reached. p.“Proof of Employee Support”means (1)an authorization card recently signed and dated by an employee,or (2)a verified authorization petition or petitions recently signed and dated by an employee,or (3)employee dues deduction authorization,using the payroll register for the period immediately prior to the date a petition is filed except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be H:\wp.dta\admin\BS\Resolutions\1 999\OCSD99-24.doc 3 considered as proof of employee support.The only authorization which shall be considered as proof of employee support shall be the authorization last signed by an employee.The words “recently signed”shall mean within sixty (60)days prior to the filing of a petition. q.“professional Employees”means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction,including but not limited to,attorneys,physicians,registered nurses,engineers,architects,teachers,and the various types of physical, chemical,and biological scientists. r.“Resolution”means,unless otherwise specified herein,this “Employer-Employee Relations Resolution”and any amendments thereto. s.“Scope of Representation”means all matters relating to employment conditions and employer-employee relations,concerning which the District is obligated by law to meet and confer,including,but not limited to,wages,hours,and other terms and conditions of employment;except that the parties may,by mutual agreement,negotiate on matters of employment concerning issues upon which negotiation is neither required nor prohibited by the law or this Resolution. t.“Supervisory employee”means any employee having authority,in the interest of the District,to hire,transfer,suspend,layoff,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 required the use of independent judgment. SECTION 3.EMPLOYEE RIGHTS AND RESPONSIBILITIES a.Employees of the District shall have the right to form,join and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters within the scope of representation. b.Employees of the District shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the district to the extent permitted by law. c.No employee shall be interfered with,dominated,intimidated,restrained,coerced or discriminated against by the District because of the exercise of the rights contained in this Resolution. d.No employee shall be interfered with,intimidated,restrained,coerced or discriminated against by any employee organization because of the exercise of the rights contained in this Resolution. H:\wp.dta\admin\BS\Resolutions\1 999\OCSD99-24.doc 4 SECTION 4.MANAGMENT RIGHTS AND RESPONSIBILITIES a.In order to insure that the District is able to carry out functions and responsibilities imposed by law,the District has and will retain the exclusive right to manage and direct the performance of District services,which includes, among others,the exclusive right to: •Determine issues of public policy;determine the mission of its constituent departments,commissions and boards;set levels and standards of service; •Determine the procedures and standards of selection for employment;direct its employees; •Relieve its employees from duty because of lack of work,for cause or for other lawful reasons; •Maintain the efficiency of District operations; •Contract out work; •Determine the methods,means and personnel by which District operations are to be conducted;and,exercise control and discretion over its organization and the technology of performing its work. b.The District retains its right to amend,modify,or rescind any policies,practices or agreements which impact upon wages,hours or working conditions of employees in cases of emergency.Emergencies shall be defined as acts of God,natural disasters,legislative acts,judicial action or other acts which are beyond the control of the District,and which would authorize District action without meeting and conferring under State law.If under this section the District amends, modifies or rescinds any policy,practice or agreement,such amendment, modification or rescission will continue only for the duration of the emergency. ARTICLE II.EXCLUSIVE REPRESENTATION PROCEEDINGS SECTION 1.FILING OF RECOGNITION PETITION BY EMPLOYEE ORGAN IZATION An employee organization that seeks to be formally acknowledged as the Exclusively Recognized Employee Organization representing the employees in an appropriate representation unit shall file a statement with the Employee Relations Officer containing the following information and documentation: H:\wp.dta\admin~BS\ResoIutions~1 999\OCSD99-24.doc 5 a.Name and address of the employee organization. b.Names and titles of its officers. c.Names of employee organization representatives who are authorized to act on behalf of the organization. d.A statement that the employee organization has,as one of its primary purposes, representing employees in their employment relations with the District. e.A statement whether the employee organization is a chapter of,or affiliated directly or indirectly in any manner,with a local,regional,state,national or international organization,and,if so,the name and address of each such other organization. f.Certified copies of the employee organization’s Constitution and By-Laws. g.A designation of those persons,not exceeding two in number,and their addresses,to whom notice sent by regular United States mail will be deemed sufficient notice to the employee organization for any purpose. h.The job classifications or titles of employees in the unit claimed to be appropriate. I.A statement that the employee organization has in its possession proof of employee support to establish that thirty percent (30%)of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the District. j.A request that the District formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purposes of meeting and conferring in good faith. k.The petition,including the proof of employee support and all accompanying documentation,shall be declared to be true,correct and complete,under penalty of perjury,by the duly authorized officer(s)of the employee organization executing it. I.The District or its Employee Relations Officer may request verification of the sufficiency of the signatures submitted in support of a petition.Such request for verification shall be made within fifteen (15)calendar days after receipt of the petition. H:\wp.dta\admin~BS\ResoIutions\1 999~OCSD99-24.doc 6 SECTION 2.RESPONSE TO RECOGNITION PETITION Upon receipt of the Petition,the Employee Relations Officer shall determine whether: a.There has been compliance with the requirements of a Recognition Petition;and, b.The proposed representation unit is an appropriate unit in accordance with Section 6 of Article Il. If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters,he or she shall post a notice of election setting an election date not less than forty-five (45)days and not more than sixty (60)days after such determination. If either of the foregoing matters are not affirmatively determined,the Employee Relations Officer shall provide written notice to the petitioning employee organization. The petitioning employee organization may either resubmit an amended petition or appeal the determination of the Employee Relations Officer pursuant to Article II, Section 8 of this Resolution. SECTION 3.OPEN PERIOD FOR FILING CHALLENGING PETITION Within thirty (30)days of the date the notice of election is posted,any other employee organization may file a request to be the Exclusively Recognized Employee Organization of employees in the same unit by filing a petition which conforms to Section 1 of Article II. SECTION 4.ELECTION PROCEDURE a.The Employee Relations Officer shall arrange for a secret ballot election to be conducted by the California State Mediation and Conciliation Service or by a mutually selected third party subject to the provisions of this Resolution.In the event the State Mediation and Conciliation Service,or other mutually selected third party,if any,declines or is unable to conduct the election in a timely fashion, the election shall be conducted by the Secretary to the Board of Directors in accordance with the election procedures specified in this Resolution.All employee organizations who have duly submitted petitions which have been determined to be in conformance with Section 1 of Article II shall be included in the ballot.The ballot shall also reserve to employees the choice of no representative.Regular and temporary employees employed in positions within the designated appropriate unit who were so employed during the pay period which ended at least fifteen (15)days before the date the election commences, shall be entitled to vote in a representation election.Regular and temporary employees who did not work during such period because of illness,vacation or other authorized leaves of absence,and who are employed by the District in the same unit on the date of the election shall also be eligible to vote in a H:\wp.dta~admin\BS\ResoIutions\1 999\0CS099-24.doc 7 representation election.An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a majority of all valid votes cast in the election.In an election involving three or more choices,where none of the choices receives a majority of the valid votes cast,a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast.The rules governing an initial election shall be. applicable to a run-off election. b.Within 30 days prior to an election,the District’s Employee Relations Officer will present to the agency conducting the election,and the applicable employee organization(s),a list of eligible voters in the appropriate unit for which the employee organization(s)has made a satisfactory showing of interest.The eligibility list will be kept current by the District during the month before the election and a revised eligibility list will be presented to the applicable employee organization(s)and the agency conducting the election on the day(s)of the election.Either the District or the employee organization or organizations participating in the election may challenge any name on the list of eligible voters, including the revised list,at any time,up to and including the day(s)of the election.No challenges to the eligibility list may be made after the election has concluded.The agency conducting the election shall determine who is an eligible employee and its decision shall be final and binding. c.Election ballots shall offer eligible employees a choice between representation by the employee organization or organizations involved,on the one hand,and no organization,on the other.The ballot question shall read as follows:“Do you want name of employee organizationi to act as your exclusive representative:Yes_____No .“The question will be repeated where more than one employee organization will be on the ballot.The question will be followed by the question,“Do you want no organization?Yes_____No_____ d.There shall be no more than one representation election under this Resolution for each designated appropriate unit,excluding run-off elections,in a 12-month period. e.Costs of conducting elections under this Section shall be borne in equal shares by District and by each of the employee organizations appearing on the ballot. f.The election will be held on the District’s premises at a time and on the date selected by the Employee Relations Officer for the election,or by mail ballots,in the discretion of the Employee Relations Officer.Notwithstanding the foregoing, the Employee Relations Officer and petitioning employee organization may agree to a different election date so long as it is consistent with the employees’rights to choose their representative and there is a reasonable basis for such stipulation. H:\wp.dta\admin\BS~ResoIutions\1 999\OCSD99-24.doc 8 g.The agency conducting the election shall also be responsible for maintaining the voting site,the ballot box and tallying the votes at the conclusion of the election day(s).The conducting agency shall certify the results of the election to both parties as soon as it has counted the ballots. h.If it is determined that an Employee Organization has received affirmative votes from a majority of the eligible employees casting ballots in an appropriate unit, the Employee Relations Officer shall so report to the District’s Board of Directors at its next regularly scheduled meeting.Upon receiving such a report,the Board of Directors shall certify the employee organization as the Exclusive Representative for the unit in which the election was held.Once such certification is given,it may only be withdrawn if the Exclusive Representative subsequently loses a decertification election or if the District has a good faith belief that the Exclusive Representative no longer enjoys majority support from eligible employees in the unit in question. SECTION 5.PROCEDURE FOR DECERTIFICATION OF EXCLUSIVELY RECOGNIZED EMPLOYEE ORGANIZATION a.A decertification petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established unit may be filed with the Employee Relations Officer.A decertification petition may not be filed within one (1)year after a valid election in which the challenged Exclusively Recognized Employee Organization appeared on the ballot,whether for decertification or certification.A decertification petition may not be filed during the term of a valid Memorandum of Understanding except during the open period preceding the expiration of a Memorandum of Understanding.The open period shall be the thirty (30)day period commencing one hundred fifty (150)days and ending one hundred twenty (120)days prior to the expiration of a Memorandum of Understanding.A decertification petition may be filed after a valid Memorandum of Understanding has expired.A valid Memorandum of Understanding shall not serve as a bar to the filing of a decertification petition for more than a three-year period.A decertification petition may be filed by an employee or an employee organization(s),shall be accompanied by proof of employee support,and shall conform to the extent possible to the requirements for a petition for recognition under Section 1 of Article II. b.The Employee Relations Officer shall initially determine whether the decertification petition has been filed in accordance with the applicable provisions of this Resolution.If,in the judgment of the Employee Relations Officer,the decertification petition does not meet the requirements set forth in this Resolution,the Employee Relations Officer shall provide written notice to the petitioning employee(s)or employee organization.The petitioning employee(s) or employee organization may either resubmit an amended petition for decertification or may appeal the determination of the Employee Relations Officer H:\wp.dta’.admin\SS\Resolutions\1 999\OCSD99-24.doc 9 pursuant to Article II,Section 8 of this Resolution.If the decertification petition satisfies the requirements of this Resolution,the Employee Relations Officer shall so advise the petitioning employee(s)or employee organization and shall give written notice of the petition to the challenged Exclusively Recognized Employee Organization. c.If a decertification petition satisfying the requirements of this Resolution is filed, the Employee Relations Officer shall post notice of election to occur on or about thirty (30)days after notice of the decertification petition is given pursuant to subparagraph (b)hereof,to determine the wishes of unit employees as to representation.A decertification election shall be conducted by secret ballot. The ballot shall offer employees eligible to vote the thoice of no representation. Only those regular employees eligible to vote for the certification of an employee organization shall be eligible to vote in a decertification election.If the challenged incumbent Exclusively Recognized Employee Organization does not receive affirmative votes from a majority of the eligible employees voting,that employee organization shall be decertified,and the unit shall not be represented by an employee organization until such time as a new exclusive employee organization is recognized pursuant to this Resolution. d.A petition for decertification of an incumbent Exclusively Recognized Employee Organization may be combined with a petition for certification of a new Exclusively Recognized Employee Organization.A decertification election held pursuant to this Section may be combined with an election for certification of a new Exclusively Recognized Employee Organization held pursuant to Article II Section 4.However,no new exclusive employee organization may be recognized to represent an appropriately designated employee unit unless,by majority vote,the regular employees who vote in said unit,vote to decertify the incumbent Exclusively Recognized Employee Organization.If,pursuant to this Section,a different employee organization is formally certified as the Exclusively Recognized Employee Organization,such organization shall be bound by the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. SECTION 6.POLICY AND STANDARDS FOR DETERMINATION OF APPROPRIATE UNITS a.The policy objectives in determining the appropriateness of a unit shall be the effect of a proposed unit on (1)the efficient operations of the District and its compatibility with the primary responsibility of the District and its employees to effectively and economically serve the public,and (2)providing employees with effective representation based on recognized community of interest considerations.These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest.Factors to be considered shall be: H:\wp.dta\.admin\BS\Resolutions\1999\OCSD99-24.doc 10 1.Similarity of the general kinds of work performed,types of qualifications required,and the general working conditions; 2.History of representation in the District and similar employment;except, however,that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized; 3.Consistency with the organizational patterns of the District; 4.Number of employees and classifications,and the effect on the administration of employer-employee relations created by the fragmentation of classifications and proliferation of units; 5.Effect on the classification structures and impact on the stability of the employer-employee relationship of dividing a single or related classification(s)among two or more units. b.Further,it is presumed that all non-management employees in all classifications constitute an appropriate unit except for the following: 1.Temporary and contract employees who are hired for a specific duration might not be included in an appropriate unit of full-time and part-time regular employees;and 2.Except to the extent that they are management,supervisory or confidential employees,professional employees may be permitted to vote by classification whether or not they wish to be represented in a unit that includes non-professional employees;professional employees that vote by a majority for inclusion in a unit including non-professional employees shall be so included. c.Notwithstanding the foregoing provisions of this Section,managerial,supervisory and confidential responsibilities,as defined in Section 2 of Article I,are determining factors in establishing appropriate units,and such managerial, supervisory and confidential employees may only be included in units that do not include non-managerial,non-supervisory and non-confidential employees. Managerial,supervisory and confidential employees may not represent any employee organization that represents other employees. d.Notwithstanding any other provision of this Resolution,the Employee Relations Officer,after notice to affected employee organizations,may allocate new classifications or positions,delete eliminated classifications or positions,and retain,reallocate or delete modified classifications or positions from units in order to conform with the policy objectives of this Section. H:\wp.dta~admin\BS~ResoIutions\1 999\OCSD99-24.doc 11 SECTION 7.PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS a.Requests by employee organizations for modification of established units represented by an Exclusively Recognized Employee Organization may be considered by the Employee Relations Officer only during the open period specified in Section 5 of Article II,after a Memorandum of Understanding has expired or when such action is deemed consistent with the purposes of this Resolution.Modification requests shall be submitted in the form of a recognition petition and,in addition to the requirements set forth in Section 1 of Article II shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards contained in Section 6 of Article II. b.The Employee Relations Officer may on his or her own initiative propose that an established unit be modified at any time during which an employee organization is permitted to make such a request.The Employee Relations Officer shall give written notice of the proposed modifications to an affected employee organization and shall hold a meeting concerning the proposed modifications,at which time all affected employee organizations shall be heard.The Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Section 6 of Article II and shall give written notice of such determination to the affected employee organizations.The determination of the unit placement of a new classification may be made without regard to the open period specified in Section 5 of Article II.The Employee Relations Officer’s determination may be appealed as provided in Section 8 of Article II. SECTION 8.APPEALS FROM RULINGS OF THE EMPLOYEE RELATIONS OFFICER a.An employee organization aggrieved by a determination of the Employee Relations Officer relating to the specific provisions of this Resolution may,within fifteen (15)days of notice of such determination,appeal the determination to the General Manager. b.Appeals to the General Manager shall be filed in writing with the District’s Secretary and a copy served on the General Manager and the Employee Relations Officer.The Genera’Manager shall begin to consider the matter within thirty (30)days of the filing of the appeal.The General Manager may,in his or her discretion,refer the dispute to a third party for a hearing and advisory recommendation.The decision of the General Manager on the use of such procedure,and the decision of the General Manager on the resolution of the dispute shall be final and no further administrative appeal shall be allowed. H:\wp.dta\admin\BS\Resolutions\1 999\OCSD99-24.doc 12 ARTICLE III.ADMINISTRATION SECTION 1.SUBMISSION OF CURRENT INFORMATION BY RECOGNIZED EMPLOYEE ORGANIZATIONS a.All changes in the information filed with the District by an Exclusively Recognized Employee Organization under items (a)through (g)of the recognition petition under Section 1 of Article II shall be submitted in writing to the Employee Relations Officer within fourteen (14)days of such change. b.The District shall allow a reasonable number of employee representatives of an Exclusively Recognized Employee Organization reasonable time off without loss of compensation or other benefits when formally meeting and conferring with representatives of the District on matters within the scope of representation. SECTION 2.ADMINISTRATIVE RULES AND PROCEDURES If the meet and confer process has reached impasse as defined in this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting.The impasse request shall contain a statement of the parties’position on all issues.An impasse meeting shall be scheduled promptly by the Employee Relations Officer.The purpose of such meeting shall be: a.To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding;and, b.If the impasse is not resolved,to discuss arrangements for the utilization of the impasse procedures provided herein. SECTION 3.IMPASSE PROCEDURES Impasse procedures are as follows: a.If the parties agree to submit the dispute to mediation the dispute shall be submitted to mediation.The mediation proceedings shall be private.The mediator shall make no public recommendations,nor take any public position at any time concerning the issues.If the parties agree upon mediation,all costs of mediation shall be borne in equal shares by District and by each Exclusively Recognized Employee Organization participating in the mediation. b.If the parties do not agree on mediation or the selection of a mediator,or having so agreed,the impasse has not been resolved,and unless prohibited by law,all issues shall be submitted to the District’s Board of Directors for its determination and such action as it,in its discretion,deems to be appropriate in the public interest.The action by the District’s Board of Directors shall be final and conclusive. H:\wp.dta\admin~BS\ResoIutions\1 999\OCSD99-24.doc 13 ARTICLE V.MISCELLANEOUS PROVISIONS SECTION 1.CONSTRUCTION This Resolution shall be administered and construed as follows: a.Nothing in this Resolution shall be construed to deny to any person,employee, organization,the District or any officer or other representative of the District,the rights,powers and authority granted by Federal or State law. b.This Resolution shall be interpreted so as to carry out its purposes as Set forth in Article I. SECTION 2.REPEAL OF PRIOR RESOLUTIONS The provisions of this Resolution shall supersede and take precedence over the provisions of any prior Resolutions,minute orders or statements of policy,adopted by the District’s Board of Directors,dealing with the same subjects and matters as are covered herein,including,but not limited to Resolution No.OCSD 98-34. SECTION 3.SEVERABILITY If any provision of this Resolution,or the application of such provision to any persons or circumstances,shall be held invalid,the remainder of this Resolution,or the application of such provision to persons or circumstances other than those as to which it is held invalid,shall not be affected. SECTION 4.CERTIFICATION The Secretary of the Board of Directors is hereby directed to certify to the passage of this Resolution and thereupon and thereafter the same shall be in full force and effect. SECTION 5.GRANDFATHER CLAUSE District recognizes that the following employee organizations have been elected pursuant to majority vote of the employees in and for the following units: H:\wp.dta\admin\BS\Resolutions\1 999\OCSD99-24.doc 14 Orange County Employees Association International Union of Operating Engineers,Local 501 Supervisory and Professional Management Group -Administrative and Clerical Unit -Technical Services Unit -Engineering Unit -Operations,Maintenance and General Services Unit -Supervisory Management Unit -Professional Unit District grants Exclusive Recognition to such employee organizations for said units until such status is changed pursuant to this Resolution. PASSED AND ADOPTED at a regular meeting held this 17th day of November,1999. Ch~~)1~Board of Dire~rs Sec dof Di~ -I ~ ;~ H:\wp.dta\admin\BS\Resolutions\1 999\OCSD99-24.doc 15