HomeMy WebLinkAbout2009-08-13 - Resolution No. 09-11
' RESOLUTION NO. 09-11
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
IMPLEMENTING CHAPTER 10, DIVISION 4, TITLE 1 OF THE
GOVERNMENT CODE, STATE OF CALIFORNIA,
"LOCAL PUBLIC EMPLOYEE ORGANIZATIONS"
WHEREAS, the District wishes to implement Chapter 10, Division 4, Title 1 of the
Government Code of the State of California (Sections 3500 et seq.)
captioned "Local Public Employee Organizations; and
WHEREAS, the District intends to strengthen methods of administering employee-
employer relations through the establishment of uniform methods of
communications between employees, employee organizations and the
Yorba Linda Water District,
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District to implement the following provisions.
Article 1. General Provisions
Section 1: Statement of Purpose
' This Resolution implements Chapter 10, Division 4, Title 1 of the
Government Code of the State of California (Sections 3500 et seq.)
captioned "Local Public Employee Organizations," (the Meyers-Milias-
Brown Act) by providing orderly procedures for the administration of
employee-employer relations between the Yorba Linda Water District and
its employee organizations. However, nothing contained herein shall be
deemed to supersede the provisions of state law, ordinances, resolutions
and rules which establish and regulate the merit and civil service system,
or which provide for other methods of administering employee-employer
relations. This Resolution is intended, instead, to strengthen merit, civil
service and other methods of administering employee-employer relations
through the establishment of uniform and orderly methods of
communications between employees, employee organizations and the
Yorba Linda Water District.
It is the purpose of this Resolution to provide procedures for meeting and
conferring in good faith with Recognized Employee Organizations
regarding matters that directly and significantly affect and primarily involve
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, or by the laws governing and/or creating the Yorba Linda Water
District. However, nothing herein shall be construed to restrict any legal
or inherent exclusive Yorba Linda Water District rights with respect to
Resolution No. 09-11 Employee-Employer Relabons 1
matters of general legislative or managerial policy, which include among
' others: The exclusive right to determine the mission of its constituent
departments, commissions, and boards; set standards of service;
determine the procedures and standards of selection for employment;
determine the rules and policies under which employment is to be
managed; direct its employees; take disciplinary action; relieve its
employees from duty because of lack of work or for other lawful reasons;
determine the content of job classifications; subcontract work; maintain
the efficiency of governmental operations; determine the methods, means
and personnel by which government operations are to be conducted; take
all necessary actions to carry out its mission in emergencies; and exercise
complete control and discretion over its organization and the technology
of performing its work.
Section 2. Definitions
As used in this Resolution, the following terms shall have the meanings
indicated:
a. "Appropriate unit" means a unit of employee classes or positions,
established pursuant to Article II hereof.
' b. "District" means the Yorba Linda Water District, and, where
appropriate herein, refers to the Board or any duly authorized
District representative as herein defined.
C. "Confidential Employee" means an employee who, in the course of
his or her duties, has access to confidential information relating to
the District's administration of employee-employer relations.
d. "Consult/Consultation in Good Faith" means to communicate orally
or in writing with all effected recognized employee organizations for
the purpose of presenting and obtaining views or advising of
proposed actions in a good faith effort to reach a consensus; and,
as distinguished from meeting and conferring in good faith
regarding matters within the required scope of the meet and confer
process, does not involve an exchange of proposals and
counterproposals in an endeavor to reach agreement in the form of
a Memorandum of Understanding, nor is it subject to Article IV
hereof.
e. "Day" means calendar day unless expressly stated otherwise.
' f. "Employee Relations Officer" means the District General Manager
or his or her duly authorized representative.
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g. "Exclusively Recognized Employee Organization" means an
' employee organization that has been formally acknowledged by the
District as the sole employee organization representing the
employees in an appropriate representation unit pursuant to Article
II hereof, having the exclusive right to meet and confer in good faith
concerning statutorily required subjects pertaining to unit
employees, and thereby assuming the corresponding obligation of
fairly representing such employees.
Such recognition status may not be challenged by another
employee organization: 1) within twelve (12) months of such
recognition and 2) to take effect during a Memorandum of
Understanding having a term of up to three (3) years.
h. "Impasse" means that the representatives of the District and a
Recognized Employee Organization have reached a point in their
meeting and conferring in good faith where their differences on
matters to be included in a Memorandum of Understanding, and
about which they are required to meet and confer, remain so
substantial and prolonged that further meeting and conferring
would be futile.
' i. "Management Employee" means an employee having responsibility
for formulating, administering or managing the implementation of
District policies and programs and/or an employee who exercises
supervisory authority.
j. "Proof of Employee Support" means: 1) an authorization card
recently signed and personally dated by an employee, provided
that the card has not been subsequently revoked in writing by the
employee prior to its submission, 2) a verified authorization petition
or petitions recently signed and personally 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
hereunder, except that dues deduction authorizations for more than
one employee organization for the account of any one employee
shall not be considered as proof of employee support for any
employee organization. The only authorization which shall be
considered as proof of employee support hereunder shall be the
authorization last signed by an employee. The words "recently
signed" shall mean within ninety (90) days prior to the filing of a
petition.
' k. "Supervisory Authority" means any employee having authority, in
the interest of the District, to hire, transfer, suspend, lay off, recall,
promote, discharge, assign, reward or discipline other employees,
Resolution No. 09-11 Employee-Employer Relations 3
or responsibly to direct them, or to adjust their grievances or
' effectively to recommend such action if, in connection with the
foregoing, the exercise of such authority is not of a merely routine
or clerical nature but requires the use of independent judgment.
1. Terms not defined herein shall have the meanings as set forth in
the Meyers-Milias-Brown Act.
Article II. Representation Proceedings
Section 1. Filing of Recognition Petition by Employee Organization
An employee organization which seeks to be formally acknowledged as
an Exclusively Recognized Employee Organization representing the
employees in an appropriate unit shall file a petition with the Employee
Relations Officer containing the following information and documentation:
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 speak on behalf of the organization.
d. A statement that the employee organization has, as one of its
primary purposes, the responsibility of 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
bylaws.
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 on the employee organization for
any purpose.
h. A statement that the employee organization has no restriction on
membership based on race, color, religion, creed, sex, national
t origin, age, sexual orientation, mental or physical disability or
medical condition.
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i. The job classifications or position titles of employees in the unit
' claimed to be appropriate and the approximate number of member
employees therein.
j. A statement that the employee organization has in its possession
proof of employee support as herein defined to establish that a
majority 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. Such written proof shall
be submitted for confirmation to the Employee Relations Officer or
to a mutually agreed upon disinterested third party.
k. A request that the Employee Relations Officer formally executing it
acknowledge the petitioner as the Exclusively Recognized
Employee Organization representing the employees in the unit
claimed to be appropriate for the purpose of meeting and
conferring in good faith. 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.
Section 2. District 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 the
Recognition Petition, and
b The proposed representation unit is an appropriate unit in
accordance with Section 7 of this Article II.
If an affirmative determination is made by the Employee Relations Officer
on the foregoing two matters, he/she shall so inform the petitioning
employee organization, shall give written notice of such request for
recognition to the employees in the unit and shall take no action on said
request for thirty (30) days thereafter. If either of the foregoing matters
are not affirmatively determined, the Employee Relations Officer shall
offer to consult thereon with such petitioning employee organization and, if
such determination thereafter remains unchanged, shall inform that
organization of the reasons therefore in writing.
The petitioning employee organization may appeal such determination in
' accordance with Section 10, Article II of this Resolution.
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Section 3. Open Period for Filing Challenging Petition
' Within thirty (30) days of the date written notice was given to affected
employees that a valid recognition petition for an appropriate unit has
been filed, any other employee organization may file a competing request
to be formally acknowledged as the exclusively recognized employee
organization of the employees in the same or in an overlapping unit (one
which corresponds with respect to some but not all the classifications or
positions set forth in the recognition petition being challenged) by filing a
petition evidencing proof of employee support in the unit claimed to be
appropriate of at least thirty (30) percent and otherwise in the same form
and manner as set forth in Section 1 of this Article II. If such challenging
petition seeks establishment of an overlapping unit, the Employee
Relations Officer shall call for a hearing on such overlapping petitions for
the purpose of ascertaining the more appropriate unit, at which time the
petitioning employee organizations shall be heard. Thereafter, the
Employee Relations Officer shall determine the appropriate unit or units in
accordance with the standards in Section 6 of this Article II. The
petitioning employee organizations shall have fifteen (15) days from the
date notice of such unit determination is communicated to them by the
Employee Relations Officer to amend their petitions to conform to such
determination or to appeal such determination pursuant to Section 10 of
' this Article II.
Section 4. Granting Recognition Without an Election
If the proof of support shows that a majority of the employees in the
appropriate unit have designated the petitioning employee organization to
represent them, and if no other employee organization filed a challenging
petition, the petitioning employee organization and the Employee
Relations Officer shall request the California State Mediation and
Conciliation Service, or another mutually agreed upon neutral third party,
to review the count, form, accuracy and propriety of the proof of support.
If the neutral third party makes an affirmative determination, the Employee
Relations Officer shall formally acknowledge the petitioning employee
organization as the Exclusive Recognized Employee Organization for the
designated unit.
Section 5. Election Procedure
Where recognition is not granted, pursuant to Section 4, Article II, the
Employee Relations Officer shall arrange for a secret ballot election to be
conducted by a party agreed to by the Employee Relations Officer and the
concerned employee organization(s), in accordance with such party's
rules and procedures subject to the provisions of this Resolution. All
employee organizations that have duly submitted petitions, which have
Resolution No. 09-11 Employee-Employer Relations 6
been determined to be in conformance with this Article II, shall be
' included on the ballot. The ballot shall also reserve to employees the
choice of representing themselves individually in their employment
relations with the District. Employees entitled to vote in such election shall
be those persons employed in regular permanent positions within the
designated appropriate unit who were employed during the pay period
immediately prior to the date ending at least fifteen (15) days before the
date the election commences, including those 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. 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 numerical 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 with the rules governing an initial election being applicable to a
run-off election.
There shall be no more than one valid election under this Resolution
pursuant to any petition in a 12-month period affecting the same unit.
' In the event that the parties are unable to agree on a third party to
conduct an election, the election shall be conducted by the California
State Mediation and Conciliation Service.
Costs of conducting elections shall be borne in equal shares by the
District and by each employee organization appearing on the ballot.
Section 6. Procedure for Decertification of Exclusively Recognized Employee
Organization
A Decertification Petition alleging that the incumbent Exclusively
Recognized Employee Organization no longer represents a majority of the
employees in an established appropriate unit may be filed with the
Employee Relations Officer during the thirty (30) day period commencing
one hundred twenty (120) days prior to the termination date of a
Memorandum of Understanding then having been in effect less than three
(3) years. A Decertification Petition may be filed by two or more
employees or their representative or an employee organization and shall
contain the following information and documentation declared by the duly
authorized signatory under penalty of perjury to be true, correct and
' complete:
Resolution No. 09-11 Employee-Employer Relatlons 7
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 established appropriate unit and of the incumbent
Exclusively Recognized Employee Organization sought to be
decertified as a representative of that unit.
C. An allegation that the incumbent Exclusively Recognized Employee
Organization no longer represents a majority of the employees in
the appropriate unit and any other relevant and material facts
relating thereto.
d. Proof of employee support that at least thirty (30) percent of the
employees in the established appropriate unit no longer desire to
be represented by the incumbent Exclusively Recognized
Employee Organization. Such proof shall be submitted for
confirmation to the Employee Relations Officer or to a mutually
agreed upon disinterested third party within the time limits specified
in the first paragraph of this Section.
An employee organization may, in satisfaction of the Decertification
Petition requirements hereunder, file a Petition under this Section in the
form of a Recognition Petition that evidences proof of employee support
of at least thirty (30) percent, that includes the allegation and information
required under paragraph (c.) of this Section 6 and otherwise conforms to
the requirements of Section 1 of this Article ll.
The Employee Relations Officer shall initially determine whether the
Petition has been filed in compliance with the applicable provisions of this
Article Il. If his/her determination is in the negative, he/she shall offer to
consult thereon with the representative(s) of such petitioning employees
or employee organization and, if such determination thereafter remains
unchanged, shall return such Petition to the employees or employee
organization with a statement of the reasons therefore in writing. The
petitioning employees or employee organization may appeal such
determination in accordance with Section 10 of this Article Il. If the
determination of the Employee Relations Officer is in the affirmative, or if
his/her negative determination is reversed on appeal, he/she shall give
written notice of such Decertification or Recognition Petition to the
incumbent Exclusively Recognized Employee Organization and to unit
employees.
The Employee Relations Officer shall thereupon arrange for a secret
' ballot election to be held on or about fifteen (15) days after such notice to
determine the wishes of unit employees as to the question of
Resolution No. 09-11 Employee-Employer Relations 8
decertification and, if a Recognition Petition was duly filed hereunder, the
' question of representation. Such election shall be conducted in
conformance with Section 1 of this Article II.
During the "open period" specified in the first paragraph of this Section 6,
the Employee Relations Officer may on his/her own motion, when he/she
has reason to believe that a majority of unit employees no longer wish to
be represented by the incumbent Exclusively Recognized Employee
Organization, give notice to that organization and all unit employees that
he/she will arrange for an election to determine that issue. In such event,
any other employee organization may within fifteen (15) days of such
notice file a Recognition Petition in accordance with this Section 6, which
the Employee Relations Officer shall act on in accordance with this
Section 6.
If, pursuant to this Section 6, a different employee organization is formally
acknowledged as the Exclusively Recognized Employee Organization,
such organization shall be bound by all the terms and conditions of any
Memorandum of Understanding then in effect for its remaining term.
Section 7. Policy and Standards for Determination of Appropriate Units
' The policy objectives in determining the appropriateness of units 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:
a. Similarity of the general kinds of work performed, types of
qualifications required and the general working conditions.
b. 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.
C. Consistency with the organizational patterns of the District.
d. Effect of differing legally mandated impasse resolution procedures.
Resolution No. 09-11 Employee-Employer Relations 9
e. Number of employees and classifications and the effect on the
t administration of employee-employer relations created by the
separation of classifications and creation of multiple units.
f. Effect on the classification structure and impact on the stability of
the employee-employer relationship of dividing a single or related
classifications among two or more units.
Notwithstanding the foregoing provisions of this Section, managerial, and
confidential responsibilities, as defined in Sec. 2 of this Resolution, are
determining factors in establishing appropriate units hereunder, and
therefore managerial, and confidential employees may only be included in
a unit consisting solely of managerial, or confidential employees
respectively. Managerial and confidential employees may not represent
any employee organization which represents other employees.
The Employee Relations Officer shall, after notice to and consultation with
affected employee organizations, allocate new classifications or positions,
delete eliminated classifications or positions, and retain, reallocate or
delete modified classifications or positions from units in accordance with
the provisions of this Section. The decision of the Employee Relations
Officer shall be final.
' Section 8. Procedure for Modification of Established Appropriate Units
Requests by employee organizations for modifications of established
appropriate units may be considered by the Employee Relations Officer
only during the period specified in Section 6 of this Article ll. Such
requests shall be submitted in the form of a Recognition Petition and, in
addition to the requirements set forth in Section 1 of this 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 set
forth in Section 7 hereof. The Employee Relations Officer shall process
such petitions as other Recognition Petitions under this Article II.
The Employee Relations Officer may by his/her own motion propose that
an established unit be modified. The Employee Relations Officer shall
give written notice of the proposed modification(s) to any affected
employee organization and shall hold a meeting concerning the proposed
modification(s), at which time all affected employee organizations shall be
heard. Thereafter the Employee Relations Officer shall determine the
composition of the appropriate unit or units in accordance with Section 7
of this Article ll, and shall give written notice of such determination to the
' affected employee organizations. The Employee Relations Officer's
determination may be appealed as provided in Section 10 of this Article.
Resolution No. 09-11 Employee-Employer Relations 10
If a unit is modified pursuant to the motion of the Employee Relations
' Officer hereunder, employee organizations may thereafter file Recognition
Petitions seeking to become the Exclusively Recognized Employee
Organization for such new appropriate unit or units pursuant to Section 1
of Article ll.
Section 9. Procedure for Processing Severance Requests
An employee organization may file a request to become the recognized
employee organization of a unit alleged to be appropriate that consists of
a group of employees who are already a part of a larger established unit
represented by another recognized employee organization. The timing,
form and processing of such request shall be as specified in Section 8 of
Article II for modification requests.
Section 10. Appeals
An employee organization aggrieved by an appropriate unit determination
of the Employee Relations Officer; or an employee organization aggrieved
by a determination of the Employee Relations Officer that a Recognition
Petition (Section 1, Article ll), Challenging Petition (Section 3, Article ll),
Decertification Petition (Section 6, Article ll), Unit Modification Petition
' (Section 8, Article ll) or employees aggrieved by a determination of the
Employee Relations Officer that a Decertification Petition (Section 6,
Article II) or Severance Request (Section 9, Article II) ---has not been filed
in compliance with the applicable provisions of this Article, may, within
fifteen (15) days of notice of the Employee Relations Officer's final
decision, request to submit the matter to mediation by the State Mediation
and Conciliation Service, or may, in lieu thereof or thereafter, appeal such
determination to the District's Board for final decision within fifteen (15)
days of notice of the Employee Relations Officers determination or the
termination of mediation proceedings, whichever is later.
Appeals to the District's Board shall be filed in writing with the Board's
Secretary, and a copy thereof served on the Employee Relations Officer.
The District's Board shall commence to consider the matter within thirty
(30) days of the filing of the appeal. The District's Board may, in its
discretion, refer the dispute to a non-binding third party hearing process.
Any decision of the Board on the use of such procedure, and/or any
decision of the Board determining the substance of the dispute shall be
final and binding.
Resolution No. 09.11 Employee-Employer Relations 11
Article III. Administration
' Section 1. Submission of Current Information by Recognized Employee
Organizations
All changes in the information filed with the District by an Exclusively
Recognized Employee Organization under items a. through h. of its
Recognized Petition under Section 1, Article II of this Resolution shall be
submitted in writing to the Employee Relations Officer within fourteen (14)
days of such change.
Exclusively Recognized Employee Organizations that are party to an
agency shop provision shall provide annually to the Employee Relations
Officer and to unit members within 60 days after the end of its fiscal year
the financial report required under Government Code Section 3502.5 (f) of
the Meyers-Milias Brown Act.
Section 2. Employee Organization Activities - Use of District Resources
Access to District work locations and the use of District paid time,
facilities, equipment and other resources by employee organizations and
those representing them shall be authorized only to the extent provided
' for in Memoranda of Understanding and/or administrative procedures,
shall be limited to lawful activities consistent with the provisions of this
Resolution that pertain directly to the employee-employer relationship and
not such internal employee organization business as soliciting
membership or campaigning for office, and shall not interfere with the
efficiency, safety and security of District operations.
Section 3. Administrative Rules and Procedures
The District General Manager is hereby authorized to establish such rules
and procedures as appropriate to implement and administer the
provisions of this Resolution after consultation(or meeting and conferring
as required by law) with affected employee organizations.
Article IV. Impasse Procedures
Section 1. Initiation of Impasse Procedures:
If the meet and confer process has reached impasse as defined in
Section 2, Article I of this Resolution, either party may initiate the impasse
procedures by filing with the other party a written request for an impasse
' meeting, together with a statement of its position on all issues. An
Resolution No. 09-11 Employee-Employer Relations 12
impasse meeting shall then 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 2. Impasse Procedures
Impasse procedures are as follows:
a. Either party may propose that the impasse be submitted to
mediation. All mediation proceedings shall be private. The
mediator shall make no public recommendation nor take any public
position at any time concerning the issues. The mediation shall be
conducted by the State Mediation and Conciliation Service.
b. If the parties fail to resolve the dispute through mediation the
parties shall submit the impasse to the Board of Directors for the
Board's determination, which shall be final and conclusive.
' Section 3. Costs of Impasse Procedures
The cost for the services of a mediator, and other mutually incurred costs
of mediation, shall be borne equally by the District and Exclusively
Recognized Employee Organization.
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 authorized
officer, body or other representative of the District, the rights,
powers and authority granted by federal or state law (or District
Charter provisions).
b. This Resolution shall be interpreted so as to carry out its purpose
as set forth in Article I.
Resolution No. 09-11 Employee-Employer Relations 13
Section 2. 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 thereby.
PASSED AND ADOPTED this 13th day of August, 2009 by the following called vote:
AYES: Directors Armstrong, Beverage, Collett, Mills and Summerfield
NOES: None
ABSENT: None
ABSTAIN: None
ohn um resident
Yorba Linda Water District
ATTEST:
' Secretary
Yorba Linda Water District
Reviewed as to form by Special Employment Relations General Counsel:
ichard M. Krei ler, Esq.
Liebert Cassidy Whitmore
Resolution No. 09-11 Employee-Employer Relations 14