Reso 2004-680v'
RESOLUTION NO. 2004 -680
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT RELATING TO EMPLOYER -
EMPLOYEE RELATIONS WITHIN SAID DISTRICT
WHEREAS, Government Code Section 3507 provides for the, adoption of
rules and regulations for the purpose of promoting improved employer - employee
relations between public employers and employees by establishing uniform and
orderly methods of communication; and
WHEREAS, the Costa Mesa Sanitary District desires to adopt such
reasonable rules and regulations as authorized by law.
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary
District does hereby resolve as follows:
Section 1. Title of Resolution. This resolution shall be known as the
"Employer- Employee Relations Resolution of the Costa Mesa Sanitary District."
Section 2. Statement of Purpose. The purpose of this resolution is to
implement Chapter 10, Division 4, Title 1 of the Government Code of the State of
California (Section 3500 et seq.), captioned "Public Employee Organizations," by
providing orderly procedures for the administration of employer - employee
relations between the Costa Mesa Sanitary District (hereinafter "District ") and its
employees and for resolving disputes regarding wages, hours and other terms
and conditions of employment. This resolution is intended to establish uniform
and orderly methods of communication between the District and its employees.
Section 3. Definitions. As used in and for the purpose of this resolution,
the following terms shall have the meanings indicated:
3.1. District shall mean the Costa Mesa Sanitary District.
3.2. Board shall mean the Board of Directors of the Costa Mesa Sanitary
District, or any duly authorized representative.
3.3. Employee shall mean any person regularly employed by the District
except elected officials.
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3.4. Employee, Confidential shall mean any employee who, in the
regular course of his duties, has access to, or possesses information relating to
decisions of District management affecting employer - employee relations.
3.5. Employee, Management shall mean employees having the
responsibility for formulating and administering District policies and programs.
3.6. Employer - Employee Relations shall mean the relationship between
the District and its employees and their employee organizations, or when used in
a general sense, the relationship between management and employees or
employee organizations.
3.7. Employee, Supervisory shall mean employees having authority to
hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or
discipline other employees, or responsibly direct them, or to adjust their
grievances, or effectively to recommend any of the foregoing actions, 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.
3.8. Impasse shall mean a deadlock in the discussions between a
recognized employee organization and the District over any matter concerning
which they are required to meet and confer in good faith, or over the scope of
such subject matter.
3.9. 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.
3.10. Meet and Confer in Good Faith shall mean the performance by
duly authorized District representatives and duly authorized representatives of a
recognized employee organization of their mutual obligation to meet at
reasonable times and to confer in good faith in order to freely exchange
information, opinions and proposals, and to endeavor to reach agreement on
matters within the scope of representation. This does not compel either party to
agree to a proposal or to make a concession.
3.11. District Employee Relations Representative shall mean the
District's principal representative in all matters of employee - employer relations.
3.12. Recognition shall mean acknowledgment by the District Employee
Relations Representative 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.
3.13. Recognized Employee Organization shall mean an employee
organization which has been granted recognition by the District Employee
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Relations Representative and the employee organization which has the right to
meet and confer in good faith as the exclusive organizational representative of all
members of an appropriate unit except those embers in such unit who elect to
represent themselves.
3.14. Scope of Representation shall mean all matters relating to
employment conditions and employer - employee relations, including, but not
limited to, wages, hours, and other terms and conditions of employment. District
rights, as defined in Section 5 herein, are excluded from the scope of
representation.
Section 4. Employee Rights
4.1. Rights Enumerated. Employees shall have the following rights:
(a) To form, join and participate in the activities of employee organizations
of their own choosing for the purposes of representation on all matters of
employee relations.
(b) To refrain from joining or participating in the activities of employee
organizations.
(c) To represent themselves individually at any time in their employee
relations.
4.2. Interference Prohibited. Neither the District, nor any employee
organization, nor any employee, shall interfere with, intimidate, restrain, coerce,
or discriminate against any employee or employees because of the rights
guaranteed hereunder.
4.3. Management and confidential employees who are members of
employee organizations which represent employees who are not management or
confidential employees shall not represent such employee organizations on
matters within the scope of representation.
4.4. Supervisory employees who are members of employee organizations
which represent employees who are not supervisory employees shall not serve
as representative of such organization in any stage of the grievance procedure.
4.5. Nothing herein shall be construed to give employees the right to
strike, and any employee who, directly or indirectly, by any means whatsoever,
encourages, causes or participates in any strike, walkout, stoppage, or retarding
of work, or any other interference with the conduct of the District's operations, or
who uses sick leave to accomplish said purposes, when such work relates to
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essential governmental services, shall be subject to discharge or other
disciplinary action in the sole discretion of the District.
Section 5. District Rights
5.1. Rights Enumerated. Except as otherwise specifically provided in this
resolution, or amendments or revisions thereto, the District has and retains the
sole and exclusive rights and functions of management, including, but not limited
to, the following:
(a) To determine the merits, necessity, nature or extent of services to be
performed, as well as the right to determine and implement its public
function and responsibility, and to determine budgets and appropriations
of funds and to set fees and charges.
(b) To manage all facilities and operations of the District, including the
methods, means and personnel by which the District's operations are to
be conducted.
(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 of any machinery or
equipment.
(i) To determine the size and composition of the working force.
(j) To determine the policy and procedure affecting the selection or training
of new employees.
(k) To establish, assess and implement employee performance standards,
including, but not limited to, quality and quantity standards; the
assessment of employee performances; and the procedures for said
assessment.
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(1) To control and determine the use and location of District's property,
material, machinery and equipment.
(m) To schedule the operation of and to determine the number and
duration of shifts.
(n) To determine measures to promote safety and to protect health and
property.
(o) 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 relieve employees from duty for lack of work or for other reasons
deemed legitimate by management.
(r) To reprimand, suspend, discharge or otherwise discipline employees.
(s) To establish and determine job classifications.
(t) To contract or subcontract construction, services, maintenance,
distribution or any other work with outside public or private entities.
(u) To take such other and further action as may be necessary to organize
and operate the District in the most efficient and economical manner for
the best interest of the public it serves.
5.2. District Representative Designated. The Board of Directors hereby
designates the District Manager, or his duly authorized representative, as the
District principal representative in all matters of employer - employee relations,
with authority to meet and confer in good faith on matters within the scope of
representation.
Section 6. Employee Organizations
6.1. Petition for Recognition - The Right to Meet and Confer In Good Faith.
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 District Employee Relations
Representative containing the following information and documentation:
(a) Name and address of the employee organization
(b) Names and titles of its officers
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(c) Names of employee organization representatives who are authorized
to speak on behalf of its members
(d) A statement that the employee organization has, as one of its primary
purposes, representing employee in their employment relations with the
District
(e) If applicable, a statement that 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 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 mailing, fax and email addresses, to whom notice will be deemed
sufficient notice on the employee organization for any purpose.
(h) A statement that the employee organization recognizes that the
provisions of Section 923 of the California Labor Code are not applicable
to District 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 employee of the District involving essential
governmental services.
(i) A statement that the employee organization has no restriction on
membership based on race, color, creed, sex, age or national origin and
does not discriminate against any legally protected group.
Q) The job classifications or titles of employees in the unit claimed to be
appropriate and the number of member employees therein.
(k) 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 employment relations with the District.
Such written proof shall be submitted for confirmation to the District
Employee Relations Representative.
(1) A request that the District Employee Relations Representative
recognize the employee organization as the representative of all of the
employees in the unit claimed to be appropriate for the purpose of meeting
and conferring in goof faith on all matters within the scope of
representation.
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6.2. Upon the determination by the District Employee Relations
Representative that an employee organization has complied with the
requirements of 6.1 above and 6.6 below, he may grant recognition for purpose
of meeting and conferring in good faith after determining the majority status of
the petitioner by either:
(a) Having a secret ballot election conducted by the State of California
Conciliation Service, or
(b) By any other reasonable method based upon written proof executed
within the preceding six months.
6.3. Only one employee organization shall be granted recognition as the
recognized employee organization, entitled to meet and confer in good faith
within the scope of representation, for employees in an appropriate unit with the
exception of self- represented employees.
6.4. Duration of Recognition. When an employee organization has been
recognized, such recognition shall remain in effect until such time as the
recognized employee organization is decertified or the appropriate unit
represented by such recognized employee organization is modified, as provided
in Section 7.
6.5. Restriction on Representation. No employee shall be represented by
more than one recognized employee organization.
6.6. Appropriateness of Units. The District Employee Relations
Representative, 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 determination is whether there is a
community of interest among such employees. The following factors among
others, are to be considered in making such determination:
(a) Which unit will assure employees the fullest freedom in the exercise of
rights set forth under this resolution.
(b) The history of employee relations in the unit, among other employees
of the District and in similar public employment.
(c) The effect of the unit on the efficient operation of the District and sound
employer - employee relations.
(d) The extent to which employees have common skills, working
conditions, job duties or similar educational requirements.
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(d) The District Employee Relations Representative shall revoke the
recognition of a recognized employee organization which has been found
by secret ballot election to be no longer entitled to represent all employees
in an appropriate unit.
7.2. Modification of Established Unit. A petition for modification of an
established unit may be filed by an employee organization with the District
Employee Relations Representative during the same period for filing a petition for
decertification, and such petition for modification shall contain the following
information:
(a) The name, address and telephone number of the petitioner and a
designated representative authorized to receive notices or requests for
further information.
(b) The name of the recognized employee organization that currently
represents the employees in the established unit.
(c) An allegation that the established unit is no longer appropriate and all
relevant employees in support of such allegations.
(d) 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 District.
The District Employee Relations Representative shall determine the
appropriate unit which may be the existing, the proposed- modified unit, or some
other appropriate unit.
After the District Employee Relations Representative determines the
appropriate unit arising out of the operation of this section, he shall then follow
the procedures set forth in Section 6.1 for determining recognition rights in such
unit.
Section 8. Election Rules
8.1. There shall be no more than one election in any one unit in any twelve
month period.
8.2. 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.
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(e) The effect on the existing classification structure of dividing a single
classification among two or more units.
Provided, however, no unit shall be established solely on the basis of the
extent to which employees in the proposed unit have organized.
Section 7. Decertification and Modification
7.1. Decertification of Recognized Employee Organizations. (a) A petition
for decertification alleging that a recognized employee organization is no longer
entitled to represent all of the employees in an appropriate unit may be filed with
the District Employee Relations Representative. The petition for decertification
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 decertification shall contain the
following information:
(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 organization.
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 District
Employee Relations Representative or to a mutually agreed upon
disinterested third party.
(b) When the District Employee Relations Representative determines that
there has been compliance with the information requirements for the
petition for recognition, he . shall arrange for a secret ballot election to
determine if the recognized employee organization shall retain its
recognition.
(c) Whenever less than thirty percent of the employees in an appropriate
unit have authorized dues checkoff, the District Employee Relations
Representative may call a secret ballot election.
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Section 9. Memorandum of Agreement
9.1. Memorandum of Agreement - 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 for year to year unless on
or before September 1 of the calendar year, and September 1 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 District Employee
Relations Representative by such recognized employee organizations, or such
individual employee.
9.2. Approval. If agreement is reached by and between the District
Employee Relations Representative and the recognized employee organization,
on matters within the scope of representation, they shall jointly prepare a written
memorandum of agreement, which hall then be submitted to the Board of
Directors. Said agreement shall not be binding, nor of any force or effect, unless
and until approved by the Board of Directors.
Section 10. Impasse
10.1. If, after a reasonable period of time, the District Employee Relations
Representative and the representatives of the recognized 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 State Conciliation Service to appoint a mediator. If the
mediator is unable to, resolve the impasse, al unresolved issues shall be
submitted to the Board 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 11. Notice
11.1. Except in cases of emergency, the District shall give reasonable,
written notice to each recognized employee organization of any ordinance, rule,
resolution or regulation directly relating to matters within the scope of
representation proposed to be adopted by the District and shall provide such
recognized employee organization the opportunity to meet with the District.
In cases of emergency when the District determines that an ordinance,
rule, resolution or regulation must be adopted immediately without prior notice or
meeting with recognized employee organizations, the District shall provide
opportunity to meet at the earliest practicable time following the adopting of such
ordinance, rule, resolution or regulation.
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Section 12. Peaceful Performance
12.1. Any employee organization which, directly or indirectly, by any
means whatsoever, engages in, induces, condones or encourages any employee
to engage in a strike, sick in, walkout, stoppage, or retarding work, or any other
interference with the conduct of the District's essential governmental operations,
shall lose all rights hereunder, including but not limited to, suspension or
revocation of recognition, cancellation of payroll deductions, prohibition of access
to work or duty stations and bulletin boards.
Section 13. Construction
13.1. The Board 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 Government Code (Section 3507) 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 law. The rights, powers and
authority of the Board of Directors in all matters, including the right to maintain
any legal action, shall not be modified or restricted by this resolution.
13.2. 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.
13.3. The provisions of this resolution shall supersede and take
precedence over the provisions of any prior resolutions, minute orders or
statements of policy by the Board of Directors of the Costa Mesa Sanitary District
dealing with the same subjects and matters as are covered herein.
13.4. Wherever written notice is required by this resolution, such notice
shall be deemed to have been received on the day immediately following the day
on which it was mailed (excluding Saturdays, Sundays, and holidays on which
the offices of the District are closed) provided the same was sent first class or
certified mail, postage prepaid to the District at its main address of 628 W. 19TH
Street, Costa Mesa, California 92627 -2716, and to any employee organization at
its last address furnished to the District, provided that if facsimile or email
addresses are available, that "communication via those channels is also used.
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PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary
District at a regular meeting thereof held on the day of 2004.
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..,
`Secretary,.-
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, Joan Revak, Clerk of the Costa Mesa Sanitary District, hereby certify
that the above and foregoing Resolution No. 2004 -680, was duly and regularly
passed and adopted by said Board of Directors at a special meeting thereof held
on the _, day of att,,. 2004.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
seal of the Costa Mesa Sanitary District, this day of
2004.
Clerk o he' ,6sta Mega Sanitary District
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