HomeMy WebLinkAbout1980-05-08 - Resolution No. 80-11RESOLUTION NO. 80-11 RESOLUTION OF THE BOARD OF DIRECTORS OF YORBA LINDA COUNTY WATER DISTRICT ESTABLISHING PERSONNEL RULES OF THE DISTRICT EFFECTIVE MAY 8,1980 WHEREAS, Yorba Linda County Water District was formed pursuant to Division 12 of the Water Code of the State of California; and WHEREAS, Section 30544 of said Water Code provides that "the Board may at any time appoint or employ and prescribe the authorities and duties of other officers, employees, attorneys, and engineers necessary or convenient for the business of the District, each of whom shall serve at the pleasure of the Board"; and WHEREAS, the Board has heretofore adopted Personnel Rules for the Yorba Linda County Water District; and WHEREAS, the Board deems it advisable and finds it would be in the best interest of the District to revise and amend certain provisions of the present Personnel Rules and to add certain new provisions to the Personnel Rules and to combine all such Personnel Rules into one new document; and WHEREAS, such document entitled "Yorba Linda County Water District - Personnel Rules - May 1980", as more particularly set tortn in Exhibit "A" to this resolution, attached hereto and by this reference made a part hereof, has been submitted to the Board for consideration; NOW THEREFORE, BE IT RESOLVED by the Board of Directors of Yorba Linda County Water District as follows: Section 1 That the Personnel Rules, as more particularly set forth in Exhibit "A" attached hereto, be, and hereby are, approved and adopted. 0 1 0 Section 2 - That these Personnel Rules shall supersede any and all District or departmental personnel management policies, rules, regulations, and procedures previously adopted. Section 3 - That the provisions of this resolution shall be- come effective on May 8, 1980. Section 4 - That the Secretary and/or Personnel Officer is directed to transmit a summary of the Personnel Rules to each present employee, to all personnel employed hereafter, and to any member of the public who should so request and to make a copy of the full text of the Personnel Rules available to each department head and any other person who requests a copy in accordance with the Public Records Act. Adopted, signed and approved this FA day of - 1980. 0 President ATTEST: Secretary' SEAL • C% YORBA LINDA COUNTY WATER DISTRICT PERSONNEL RULES Revised: 3-28-80 1 ~l ~1. f / L • 'ti I f I YLCWD - PERSONNEI. RULES Table of Contents RULE 1. PURPOSE P"ND GENERAL PROVISIONS 1 Section 1.1 - Purpose 1 Section 1.2 - Merit and Fair Employment Principles 1 Section 1.3 - Application of Rules 1 Section 1.4 - Prior Rules and Amendment of Rules 2 Section 1.5 - Severability of Provisions 2 Section 1.6 - Gender 2 RULE 2. ADMINISTRATION............ 2 Section 2.1 - Personnel Officer 2 Section 2.2 - Classification 3 RULE 3. FILLING VACANCIES IN DISTRICT SERVICE 3 Section 3.1 - Recruitment Policy 3 Section 3.2 - Selection 3 Section 3.3 - Appointment 4 Section 3.4 - Layoff and Re-Employment 4 Section 3.5 Transfer 4 Section 3.6 - Promotion 5 Section 3.7 - Probationary Period 5 3.7.1 - Probationary Period Defined 5 3.7.2 - Objective of Probationary Period 5 3.7.3 - Rejection of a Probationer 5 -i- s 3.7.4 - Rejection Following Promotion 6 3.7.5 - Extension of Probationary Period 6 RULE 4. EMPLOYEE DISCIPLINE . 6 Section 4.1 - Forms of Discipline 6 Section 4.2 - Procedure . 6 Section 4.3 - Appeal of Disciplinary Action 7 RULE 5. RECORDS . 9 Section 5.1 - Personnel Records 9 Section 5.2 - Change of Status Report 10 RULE 6. SEPARATION FROM SERVICE 10 Section 6.1 - Discharge 10 Section 6.2 - Layoff 10 Section 6.3 - Resignation 10 RULE 7. SALARY ADJUSTMENTS 10 Section 7.1 - Salary Resolution 10 Section 7.2 - Merit Increases 11 Section 7.3 - New Employees 11 RULE 8. ATTENDANCE, HOURS, PAY PERIODS AND PREMIUM PAY 11 Section 8.1 - Attendance 11 Section 8.2 - 40-Hour Week 11 Section 8.3 - Pay Periods and Procedures 12 ' Section 8.4 - Overtime 12 Section 8.5 - Standby and Call Out Compensation 12 -ii- ,I • RULE 9. TINE OFF 13 Section 9.1 - Holidays 13 Section 9.2 - Vacation 15 Section 9.3 - Sick Leave 17 Section 9.4 - Disability Leave 19 Section 9.5 - Military Leave 19 Section 9.6 - Leave of Absence Without Pay 19 Section 9.7 - Jury Duty/Court Testimony 20 RULE 10. PERQUISITES 21 Section 10.1 - Meals During Emergency Service 21 Section 10.2 - Life Insurance 21 Section 10.3 - Health and Accident Insurance 21 Section 10.4 - Retirement Plan 22 Section 10.5 - Dental Insurance 22 Section 10.6 - Travel Expense Allowances 22 RULE 11. SERVICE AWARDS 22 RULE 12. PAYROLL DEDUCTIONS 22 RULE 13. OU'T'SIDE EMPLOYMENT 23 RULE 14. NEPOTISM 23 Section 14.1 - Policy 23 Section 14.2 - Related Person Defined 23 RULE 15. GRIEVANCE PROCEDURE - NONDISCIPLINARY MAT'T`ERS............ 23 Section 15.1 - Purpose 23 Section 15.2 - Matters Subject to the Grievance Procedure...... 24 -iii- 3-20-00 Section 15.3 - Informal Grievance Adjustment 24 Section 15.4 - formal Grievance Procedure 24 Section 15.5 - General Conditions 25 RULE 16. EMPLOYEE REPRESENTATION ORGANIZATIOUS 25 Section 16.1 - Purpose 25 Section 16.2 - Definitions 26 16.2.1 - Management Employee 26 (a) administrative Employee 26 (5) Supervisory Employee 26 (c) Confidential Employee 26 16.2.2 - Recognized Employee Organization 27 16.2.3 - Employee Representative 27 16.2.4 - District Representative.... 16.2.5 - Employee Unit 27 16.2.6 - Negotiation 27 16.2.7 - Impasse 27 16.2.8 - Decertification 28 Section 16.3 - District Responsibilities and Rights............ 28 Section 16.4 - Employee Rights 29 Section 16.5 - Determination of Appropriate Employee Unit...... 29 Section 16.6 - Procedure for Recognition of Dnployee Organizations 30 Section 16.7 - Questions Concerning Scope of Representation 32 Section 16.8 - Timetable for Submission of Requests............ 32 Section 16.9 - Negotiations 32 -iv- 3-28-80 Section 16.10- Disposition of Impasse......... " Section 16.11- Decertification.... Section 16.12- AdminIstration 34 14 -v- 3-28•-80 YLC:WU - PERSONNEL RULES RULE I. PURPOSE AND GENERAL PROVISIONS Section 1.1 - Purpose The purpose of these Rules is to establish policies, principles, and procedures for dealing with personnel matters. The intent is to establish a practical system based upon merit principles that will provide efficient and effective service to the public. This objective will be accomplished through uniform personnel procedures which will provide reasonable rights for prospective and current employees to be informed of the District's criteria and expectations affecting employment, including protection for regular District employees from suspension, demotion, or dismissal without just cause and due process. Section 1.2 - Merit and Fair Employment Principles The District maintains a merit system governing personnel actions. Employment and promotion sl-iall be based on merit and fitness, free of personal and political considerations, and in no way shall be affected or influenced by race, religious creed, color, national origin, ancestry, sex, or handicap unless sex or physical ability is a bona fide occupational qualification. Continued employment of employ- ees covered by these Rules shall be subject to satisfactory work performance, necessity for the performance of work and the availability of funds. Section 1.3 - Application of Rules These Rules shall apply to all officers and employees in the service of the District except: Members of the Board of Directors; volunteer personnel, such as advisory committees; persons engaged under contract to supply expert, professional, technical or any other service; and temporary employees. Except as specifically stated herein, these Rules do not apply to the positions of General Manager, Secretary and Auditor, which are appointed by and serve at the plea- sure of the Board of Directors,. These positions are subject to terms and conditions of employment established by the Board of Directors in its sole discretion which need not be consistent with the provisions of these Rules. -1- 3- 2 8- 8 0 Section 1.4 - Prior Rules and Amendment of Rules 1.4.1 These Rules shall supersede any and all District or departmental personnel management policies, rules, regulations, and procedures previously adopted. 1.4.2 The Board of Directors may amend these Rules. Revisions to such Rules may be proposed from time to time by any member of the Board of Directors or the General :Manager. When revisions affect the salaries, benefits, and working conditions, they shall be subject to the communication process with employees as established by State law and these Rules. Section 1.5 - Severability of Provisions If any section, subsection, sentence, clause or phrase of these Rules is found to be illegal, such findings shall not affect the validity of the remaining portions of these Rules. Section 1.6 - Gcnder wherever used in these Rules, the masculine gender shall include the feminine. RULE 2. ADMINISTRATION Section 2.1 - Personnel Officer 2 There shall be designated the Personnel Officer. The Personnel Officer may delegate any of the power and duties conferred upon him by these Rules to any other officers or employees of the District or may recommend that such powers and duties be performed under contract. The Personnel officer shall: 2.1.1 Administer all the provisions of these Rules not specifically reserved to the Board of Directors. 2.1.2 Prepare and recommend to the Board of Directors revisions to and/or interpretation of these Rules. 2.1.3 Provide for the publishing or posting of notices of vacancies for positions in the District, the receiving of applications therefor, and the evaluation of candidates. -2- 3-28-80 2. 1.4 Prepare anal revise, as necessary, a plan for a position classification system. The number of authorized positions shall be subject to ap- proval by the Board of Directors. 2.1.5 Prepare and revise, as necessary, a schedule for compensation which shall be approved by the Board of Directors. 2.1.6 Recommend such reclassifications as he finds to be necessary. Section 2.2 - Classification 2. 2.1 The classified service shall include all officers and employees in the service of the District except: General Manager, Secretary, Auditor, and members of the Board o Directors; volunteer personnel, such as advisory committees; persons engaged under contract to supply expert, professional, technical or any other service; and temporary employees. 2.2.2 A position may be reclassified on the basis of changes in or revaluation of the duties, responsi- bilities, and/or qualification requirements of the position. RULE 3. FILLING VACANCIES IN DISTRICT SERVICE Section 3.1 - Recruitment Policy It shall be the District's policy to recruit qualified persons regardless of race, religion, color, creed, national origin, sex or handicap unless sex or physical ability is a bona fide occupational qualification. While recognizing the need for introduction of persons from outside District employment at all levels, the policy of the District is to transfer and promote persons already employed by the District when their personal qualifications, training, work performance, and work experience are determined to be comparable to applicants from other sources. Section 3.2 - Selection Appointments to vacant- positions in the classified service shall be made in accordance with these personnel rules. Appointments and promotions shall be based on merit and -3- 3-26-©0 • qualifications to be ascertained, so far as practical, by competitive selection. Physical and medical tests may be given as a part of any selection process. Section 3.3 Appointment If a vacancy in the classified service is to be filled, the department head shall notify the Personnel Officer. The Personnel Officer shall then provide public notice of the vacancy, receive applications therefore, evaluate candi- dates, and recommend eligible candidates to the General 'tanager. The General :Manager shall appoint fro►n among the eligible candidates. Section 3.4 - Layoff and Reemployment 3.4.1 Layoffs for lack of work or lack of funds shall be on the basis of an evaluation of qualifications, performance, and seniority within the affected job class and the affected division or department. 3.4.2 An employee whose position has been abolished due to lack of funds may be reassigned to any other vacant position for which he qualifies. 3.4.3 Whenever an employee whose position has been abol- ished is not reassigned to a vacant position, he shall be entitled to consideration for reemployment at such time as a position becomes available for which he is qualified. 3.4.4 The provisions of this Section 3.4 shall apply only to regular, full-time employees in the classified service. Layoff and re-employment of part-time personnel will be at the discretion of the General Manager. Section 3.5 - Transfer 3.5.1 Transfers for the betterment of employees and the best interests of the District shall be encouraged. 3.5.2 A change of an employee's employment from one department to a vacant position in a comparable class in another department shall be considered a transfer. A comparable class is one with the same maximum salary, involves the performance of similar duties and/or requires substantially the same basic qualifications. -4- 3-28-80 3. 5.3 In order to be transferred to a job class with minimum standards of employment substantially different from those of his own job class, an employee shall be required to demonstrate his eligibility for employment in accordance with the provisions of Section 3.2. Section 3.6 - Promotion Appointment to a vacant- position in a job class which is compensated at a highor rate shall constitute a promotion. Consistent with merit and fair employment principles, all vacancies in the classified service shall be filled by promotion from District ;personnel where qualified candidates exist. Section 3.7 - Probationary Period 3.7.1 Probationary Period Defined: All original and promotional appointments shall be tentative and subject to a probationary period of not less than six months' actual service.. The Personnel Officer shall notify the Department Head and the probationer concerned two weeks prior to the termination of any probationary period. If the performance of the probationary employee has been satisfactory, the Department Head shall file with the Personnel officer a statement in writing that such employee has passed probation, is an asset to the service, and should become a permanent employee. If such a statement is not filed,, the employee will be deemed to be unsatisfactory and his employment terminated no later than the expiration of the probationary period. 3.7.2 Objective of Probationary Period: The probationary period shall be regarded as a continuation of the examination process. During this probationary period the employee's work performance shall be closely observed and evaluated to determine the capability of the employee in his new position. 3.7.3 Rejection of a Probationer: If during the proba- tionary period of a new employee, the work and conduct of the probationary employee are found to be below standards satisfactory to the Department Head, then the probationary employee may be rejected -5- 3-2E3-a0 upon the recommendation by the Department Head and approval by the Personnel officer without cause and without the right of appeal. Notification of rejection in writing shall be served on the proba- tioner and a copy filed with the Personnel Officer. 3.7.4 Rejection Following Promotion: Any employee re- jected during the probationary period following a promotional appointment may be reinstated to the position from which he was promoted if a vacancy exists. If no vacancy exists the employee shall be eligible for reemployment in accordance with Sub- Section 3.4.3. 3 . 7 . 5 Extension of Probationary Period: Upon recommenda- tion from the Department Head and approval by the Personnel Officer, the probationary period may be extended for a period not to exceed 90 days. Under no circumstances shall any employee's proba- tion be extended more than once. RULE 4. EMPLOYEE DISCIPLINE Section 4.1 - Forms of Discipline The tenure of every recular_gmployee shall be conditioned by Z good behavior and satisfactory work performance. Any regular employee may be suspended or dismissed for reason- ab a cause. Section 4.2 - Procedure 4.2.1 When a regular employee of the classified service is to be dismissed or suspended without pay, specific written charges shall be prepared and presented by the employee's Department Head for action by the Personnel Officer. 4. 2.2 The Personnel Officer shall provide the employee with written notice of the proposed action, the date it will be effective, the charge(s) on which the proposal is based, and relevant written materials, written reports and documents, and notification that the employee is entitled to respond to the charges as provided below. 4.2.3 'Prior to the effective date of the proposed action, the employee shall have the right to file with the Personnel Officer a written response to the charges or request the right to make an oral response. The -6- 3-28-60 Personnel Officer may act upon the initial written or oral presentation of the employee or may request that the employee submit a further response in writing, or permit the employee a further oral presentation. Failure of the employee to make a. written response or request an oral presentation shall constitute waiver of this provision and waiver of any right to appeal as provided in Section 4.3. The employee shall be entitled to be repre- sented by counsel or other person of his choosing during the course of the above proceedings. 4. 2.4 The Personnel Officer small provide written notice of his final determination to the employee. If the Personnel Officer determines that the employee should be reinstated or the period of suspension shortened, the Personnel Officer shall order payment of appropriate back pay. Section 4.3 - Appeal of Disciplinary Action 4.3.1 When formal disciplinary action has been taken by the Personnel Officer pursuant to Section 4.2 and the employee has received written notification of the action, if the employee has previously made response to the charges to the Personnel Officer, the employee shall have the right to appeal as provided below. Appeal shall not suspend the effective date of the discipline. Failure to appeal by the employee or his representative will make the action by the Personnel Officer final and conclusive. 4.3.2 Subject to paragraph 4.3.1, a member of the service who has been disciplined, within 14 days after having been furnished with a copy of the final notice of action by the Personnel Officer may appeal to the Board of Directors by filing with the General Manager a written answer to the charges and re- questing a hearing thereon. 4.3.3 In the case of suspensions of less than ten work- ing days, the Doard of Directors may appoint two of its members to informally hear and make rec- ommendations concerning the appeal. No written transcript of proceedings shall be required, but any documents submitted by either side shall be included with the report of the two members. The report of -7- C3-2©-80~ • the two members shall be submitted to the full Board and shall include a summary of the facts supporting ; their recommendation that the discipline be sus- tained, modified, or rejected. 4.3.4 ( a ) In tine case of a disciplinary action other than set forth in paragraph 4.3.3, the Board of Directors shall appoint a hearing officer to conduct a hearing on appeal of any disciplinary action. (b) The hearing shall be conducted in the manner most conducive to determination of the truth, and the hearing officer shall not be bound by tech- nical rules of evidence. Decisions made shall not be invalidated by any informality in the proceedings. (c) The hearing officer shall determine the relevancy, weight and credibility of testimony and evidence. The hearing officer shall base his findings on the preponderance of evidence. (d) Each side will be permitted an opening state- ment and closing argument. The Personnel Officer or his representative shall first present his witnesses and evidence to sustain the charges, and the employ- ee will then present his witnesses and evidence in defense. (e) Each side will be allowed to examine and cross-examine witnesses. (f) Both the Personnel Officer and the employee may be represented by legal counsel. (g) The hearing officer shall, if requested by either party, subpoena witnesses and/or require production of other records or material evidence. (h) The hearing officer may, prior to or during a hearing, grant a continuance for any reason he believes to be important to his reaching a fair and proper decision. (i) The hearing officer shall prepare a recom- mended decision and forward it to the Board of Directors no later than 30 days after the matter of appeal was taken under submission by the hearing -g- 3-140-00 officer. The reco.nmetided decision shall set forth which charges, if any, the hearing officer feels are sustained and the reasons therefor. (j) The employee or his representative may obtain a copy of the transcript of the hearing upon request and agreement to pay for necessary costs. 4.3.5 After receiving the recommendation of the com- mittee of the two members or the hearing officer, the Board of Directors may sustain or reject any or all of the charges filed against the employee. If the Board of Directors sustains the employee, the Board may order all or part of the employee's full compensation, from the time of dismissal or suspension be paid.,' 4. 3.6 An employee who has been suspended or dismissed may be reinstated to his position as a result of a successful appeal. In the event of such rein- statement, the employee shall be entitled to his former status of employment. 4.3.7 Dismissal of any employee from the District service shall, unless otherwise ordered: (a) Constitute a dismissal as of the same date from all positions which the employee may hold in the District service. (b) Terminate the salary of the employee as of the effective date of his dismissal except that he shall be compensated for any unpaid salary, unused vacation and unused compensatory time off to his credit as of the date of dismissal. RULE 5. RECORDS Section 5 . 1 - Personnel Records The Personnel Officer shall maintain personnel records for each employee in the service of the District showing the name, title of the position held, the department which the employee is assigned, salary, changes in employment status, employee performance reviews, and such other infor- mation as may be considered pertinent. -9- 3-2©--8d i .w:,~;_oo:.~.....,....,~.~..,,..W.~ '~~~~e ~,y::,:.,.~;.„,.;~»Nt..o.at a„~„~,,,,,y,,,....~..n,~~. .,~acs;.~rti..:s'►'. Section 5.2 - Change of Status Report Every appointment, transfer, promotion, change of salary rate, and any other temporary or permanent change in status of employees shall be approved,by the General Manager' ` and reported to the Personnel Officer., in such a manner as ' he may prescribe, prior to the effective date of the change. RULE 6. SEPARATION FROM SERVICE Section 6.1 - Discharge An employee in the District service may be discharged at any time for reasonable cause in accordance with the procedures of Rule 4. Section G.2 - Layoff whenever in the judgment of the Board of Directors or the _ General tManager it becomes necessary in the interest of T economy, or because the necessity for a position no longer exists, the Board of Directors or the General Manager may abolish any position or employment in the classified service. The employee holding such position of employment may be laid off by the Personnel Officer without the taking of disciplinary action and without the right of appeal. The order of layoff shall be determined by the Personnel officer based upon both seniority and performance criteria. Employees laid off shall be entitled to consideration for future openings for which they possess the minimum quali- fications. Section 6.3 Resiqnation Any employee wishing to leave the District in good standing shall file with his Department Head a written resignation stating the requested effective date of resignatioan and reasons for leaving at least two weeks before leaving the service, unless such time limit is waived by the Department Head. A statement as to the resigned employee's service performance and other pertinent information shall be for- warded by the Department Head to the Personnel Officer. RULE 7. SALARY ADJUSTMENTS Section 7.1 Salary Resolution The pay plan for the District shall be as provided in the Salary Resolution. Merit increases within salary ranges and reductions in pay within salary ranges shall be deter- mined by the General manager in accordance with this Rule 7. -10- Section 7.2 Merit Increases Regular, full-time and part-time employees may, at the discretion of the General Manager, be eligible for con- sideration for merit pay increases. Merit pay increases may be granted only for cuntinued,improvement by the employee in the effective performance of the duties of his position. Such merit pay increases shall require the specific recom- mendation of the employee's immediate supervisor or Depart- ment Head, the concurrence of the Personnel Officer and the approval of the General Manager. The effective date of merit pay increases shall generally be at the beginning of the pay period following approval of the General Manager. Section 7.3 New Employees Newly hired employees yenerally shall be compensated at the initial starting salary rate of the job class for which they are hired. When economic conditions, unusual employ- ment conditions, or exceptional qualifications of a candi- date for employment indicate that a higher starting salary would be in the District's best interests, the General Manager may authorize hiring at a higher starting salary. The provisions of this section shall also apply to re- employed and reinstated employees. RULE 8. ATTENDANCE, HOURS, PAY PERIODS AND PREMIUM PAY Section a.l Attendance Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and leaves. All departments shall keep daily time cards of employees which shall be reported to the Personnel Officer in the form and on the dates he shall specify. .Failure on the part of an employee, absent without leave, to return to duty within 24 hours after receipt of notice to return shall be cause for immediate discharge, and such employee automatically waives all rights under these Rules. The depositing in the United States mail of a certified postage paid letter, addressed to the employee's last known place of address shall be reasonable notice. Section 8.2 40-Hour Week The average regular work week for employees in the classi- fied service shall be 40 hours. For all employees with an average regular work week of 40 hours, the regular hourly rate of pay shall be twelve times the monthly rate divided by 2,080 (40 hours x 52 weeks). -11- 3-28-80 r Section 8.3 Pay Periods and Procedure Regular salaries and compensation of all District employees shall be paid on a biweekly basis. Section 8.4 - Overtime 8.4.1 An employee in the classified service. who per- forms authorized work in excess of his regular workweek, workday, or shift shall be compensated for such overtime work at the rate of one and one-half times his regular hourly rate of pay. Overtime shall be calculated to the nearest one-half hour of overtime worked. All overtime must be authorized in advance by the appropriate Department Head and approved by the General Manager. 8.4.2 Compensatory time off at the overtime rate may be authorized by the appropriate Department dead in lieu of overtime pay on the basis of the best interests of his department and the District; but the employee shall have the option of being paid in cash for any overtime work performed or of accruing up to a maximum of 40 hours compensatory time. Upon termination, an employee shall be compensated at his current rate of pay for any accrued compensa- tory time. 8.4.3 The following positions shall be exempt from the above overtime provisions. Compensatory time off (at the rate of straight time) for overtime worked by employees in.these job classes may be authorized and administered by the General Manager or the Board of Directors. Assistant General Manager Project Manager Engineering Manager Secretary Auditor Sr. Engineering Aide: Assistant Buyer General Manager Section 8.5 - Standby and Call Out Compensation 8.5.1 An employee assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than normal working hours shall be paid at the current rate, as determined by the Board of Directors for each week he is assigned to standby duty. The pay for standby -12- 3-28-80 time may be accrued to the second payday in December and paid in a lump sum or it may be paid at the regular pay period in which the standby duty is completed. 8.5.2 Call-out compensation shall be as follows: (a) Vrhen an employee is called out for emergency work which exceeds one hour he shall be paid at the rate of one and one-half times his regular rate of pay .,iith time starting from the time lie responds to the calla All emergency call-out time ahich exceeds one hour shall be calculated to the nearest one-half hour of time worked. (b) For routine calls that require less than one hour each to complete, time will not be charged but will be considered paid by standby pay as provided in Section 8.5.1. RULL•' 9. TIME OF[' Section 9.1 - Holidays 9.1.1 The following days shall be recognized as holi- days; and regular, full-tune employees in the classified service, with the exception of employees in those job classes listed in Section 9.1.5, shall have these holidays off with pay. Provided, however, that the General Manager or the Board of Directors may adjust the dates for observance of the holidays listed below in order to establish four-day weekends; in doing so the efficient operation of the District and public acceptance shall be considered. The holiday schedule for the ensuing year will be established and made available to the employees in December of each year. (a) January 1st, New Year's Day; (b) The third Monday in February, Washington's Birthday; (c) The last Monday in May, Memorial Day; -13- 3-28-80 AM= • (d) July 4th Independence Day; (e) First Monday in September, Labor Day; (f) Admission Day, September 9th; (g) Columbus Day, second Monday in October; (h) November 11th, Veterans Day; (i) Fourth Thursday of November, Thanksgiving Day; (j) The Friday following Thanksgiving Day; (k) December 25th, Christmas Day; 9.1.2 Regular part-time employees shall receive holiday pay in proportion to the average or normal hours worked as a part-time regular employee. (i.e., 4 hours worked by a regular part-time employee would be paid 4 hours on a holiday) 9.1.3 The General Manager, the Secretary and the Auditor shall also be given the above holidays off with pay. 9.1.4 Any holiday falling on a Saturday shall be taken on Friday and any holiday falling on Sunday shall be taken on Monday, unless another day is designated by the General Manager. 9.1.5 Pumping Plant operators shall be entitled to receive one day of compensatory time off at the regular rate of pay for each holiday, whether or not the holiday falls on a regularly scheduled workday for that employee so long as the pumping plant is manned during the holiday period. 9.1.6 Other regular employees except those listed in Section 8.4.3, if they are required to work on a holiday, shall receive, in addition to the paid holiday, compensation equivalent to one and one-half times their regular rate of pay for the time actually worked during a regularly scheduled holiday. Such employees may in the alternative receive compensatory time off in accordance with Section 8.4.2. -14- 3-28-80 • 9.1.7 In order to be eli(jible for holiday pay, an employee must be either at work or on paid leave of absence on the regularly scheduled workday immediately preceding the clay observed as the holiday and the regularly scheduled workday immediately following ,the day observed as the holiday. Section 9.2 - Vacation 9. 2.1 Regular employees in the classified service shall receive annual vacation with pay in accor- dance with the following provisions: (a) Regular, full-time employees with an average regular workweek of 40 hours shall accrue paid vacation at the following rate per year: After 1 year of service - 80 hours or 10 days; After 4 years of service - 120 hours or 15 days; After 15 years of service - 160 hours or 20 days. (b) Regular, part-time employees shall accrue paid vacation in proportion to the average or normal hours worked as a part-time regular ' employee. 9.2.2 For vacation accrual the 31st day of December shall be considered the ending of the accrual year and all accruals for the preceding 12 months or fraction of a year thereof shall be credited to the employee at this time. Vacations accrued prior to December 31 of any year may not be taken until after January 1 of the following year except by a waiver of this rule by the General Manager. 9.2.3 Paid vacations shall continue to accrue in accor- dance with the above provisions during any period of leave with pay. 9.2.4 All vacations shall be scheduled and taken in accordance with the best interest of the District and the department in which the employee is em- ployed. _15- 3-28-80 9.2.5 The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned. The minimum amount of vacation that may be taken at any given time shall be four hours. 9.2.6 A permanent, full-time employee shall be eligible to take any accrued vacation after the first day of January of the year following his employ- ment. 9.2.7 Each employee shall have one (1) hour deducted from his accrued vacation time for each hour of vacation ta'r.en. An employee with a regular work- day of eight (8) hours shall have eight (8) hours deducted from his accrued vacation time for each day of vacation taken. 9.2.8 Vacation which is accrued, but not talon, will be forfeited except with written permission from and at the discretion of the General Manager to accumulate it. The maximum that may be accumu- lated shall not be more than one-half (1/2) years accrual. The General Manager, Secretary and Auditor are exempt from this section of this Rule. 9.2.9 Upon termination, an employee shall be compen- sated in cash at his current rate of pay for any vacation accrued but not taken, provided that he has successfully completed his probationary period. 9.2.10 In the event that any recognized holiday occurs during any employee's vacation, the holiday shall not be charged against the employee's accrued vacation. The only vacation hours that shall be charged against any employee's accrued vacation shall be those hours that the employee is regular- ly scheduled to work. 9.2.11 No employee may draw accrued vacation until his probationary employment period has been satis- factorily completed in accordance with Section 3.7. -16- 3-28-80 Section 9.3 - Sick Leav(2 9.3.1 Sick leave is provided so that an employee will not be seriously handicapped financially if he is unable to work because of illness. 9.3.2 An employee eligible for paid sick leave shall be, granted such leave for the following reasons: (a) Illness of the employed or physical incapacity of the employee due to illness or injury. (b) Enforced quarantine of the employee in accor- dance with community health regulations. (c) The death of a member of any employee's imme- diate family for a period not to exceed three working days; the General Manager may extend the leave to a total not to exceed seven working days in appropriate cases. (d) Serious illness of a member of the employee's immediate family residing in the same household which require the presence of the employee for a period not to exceed five working days. (e) Routine medical or dental appointments for the employee only or illness of an emergency nature within the employee's immediate family. In order to receive sick pay for the routine medical or dental appointments, the employee must notify his immediate supervisor 24 hours in advance, otherwise sick leave will be denied. Sick leave for routine medical or dental leave is for the period of the appointment only. 9.3.3 In the event that an employee is absent on paid sick leave in excess of 24 consecutive hours, the District may require that the employee submit a written statement by a physician licensed by the State of California certifying that the employee's condition prevented him from performing the duties of his position. 9.3.4 Employees shall accrue annual sick leave with pay in accordance with the following provisions: -17- 3-28-80 (a) Regular, full-tune employees with an average regular workweek of 40 hours shall receive paid sick leave at the rate of one day per month. (b) Regular, part-time employees shall receive sick pay in proportion to the average or normal hours worked as a part-time, regular employee. (i.e. An employee whose regular workweek is 20 hours shall receive 1/2 day sick leave per month). (c) Employees shall be eligible to take sick leave upon satisfactory coripleti.on of a probationary period. During tho probationary period sick leave may accumulate in accordance with Sec- tions (a) and (b) above. (d) Paid sick leave shall continue to accrue in accordance with the above provisions during any period of leave with pay. 9.3.5 Each employ ee shall have one hour deducted from his accrued sic k leave time for each hour of sick leave taken. An employee with a regular workday of eight (8) hours shall h ave eight hours deducted f roan his accrue d sick leave time for each regularly scheduled working day that he is on paid sick leave. 9.3.6 In the event that any paid holiday occurs during a period when any employee is paid sick leave, the holiday shall not be charged against the employee's accrued sick leave. The only sick leave hours that shall be charged against any employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. 9.3.7 Any officer or employee who retires (in accordance with the Public Employees Retirement System qualifi- cations) shall be paid at the rate of his final salary for 3/8 of his accumulated days of sick leave, if any, at the time of separation from active employment. If the officer or employee should die, his estate shall be entitled to such payment. --18- 3 -28-80 Section 9.4 - Disability Leave 9.4.1 In situations where an employee has been injured in a non-duty accident and his disability leave exceekis one calendar month or the total of his accumulated leaves, including sick leave, compen3a- tory,time off and vacation, that portion of the leave exceeding 30 days or the total of accumulated leaves, whichever is more, shall constitute a break in service and his merit review dates and anniver- sary date will be adjusted accordingly. 9.4.2 An employee injured in the scope and course of his employment with the District may elect to take as much of his accumulated sick leave, or his accumu- lated vacation, in minimum of one hour increments, as when added to his disability indemnity will result in a payment to him of not more than his full salary or wage. Section 9.5 - Military Leave Military Leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give the Personnel Officer an opportunity within the limits of military regulations to determine when such leave shall be taken. Compensation received for military service shall be offset against compensation otherwise due from the District as authorized by law. , Section 9.6 - Leave of Absence Without Pay 9.6.1 Department Heads may grant a regular or probationary employee leave of absence without pay for a period not to exceed two weeks. Such leaves shall be reported to the Personnel Officer in the manner and method which he shall prescribe. 9.6.2 The General Manager may grant a regular or proba- tionary employee leave of absence without pay or seniority for a period not to exceed six months. After six months, the leave of absence may be extended if authorized by the Board of Directors. No such leave shall be granted except upon written -19- 3-28-80 r 0 request of the employee, setting forth the reason for the.request. Approval shall be in writing from the General Manager or his designee. 9.6.3 In situations where an employee shall request leave without pay for a period in excess of one calendar month, he shall submit to the District any and all actual benefit premiums. If an employee chooses not to submit any or all of these premiums; his coverage shall be terminated within the limit.s prescribed by the benefit carriers and will be reinitiated within the limits prescribed by the benefit carrier at the time of his reinstatement of the District. 9.6.4 In the event that leave without pay is granted an employee for reasons of illness or injury, the District shall continue to pay for any hospitaliza- tion and major medical insurance previously paid for by the District. 9.6.5 Upon expiration of a regularly approved leave or within 24 hours' notice to return to duty, the employee shall be reinstated in the position held at the time the leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. The depositing in the United States mail of a first-class postage paid letter addressed to the employee's last known place of address shall be reasonable notice. Section 9.7 - Jury Duty/Court Testimony Any classified employee who is called as a witness or required to serve as a trial juror shall be entitled to be absent from his duties during the period of such service. During these periods of service the employee shall receive full compensation from the District if any additional compensation received, except mileage reimbursement, from the court is submitted to the District Auditor. -20- 3-28-80 u~ • RULE 10. PERQUISITES • Section 10.1 - Meals During Emergency Service If any employee in the classified service is re- quired to remain at work for at least two hours following the close of his regular workday for the purpose of performing emergency overtime work,, the District shall provide him with an adequate meal. If an employee in the classified service is called out to perform emergency overtime work during the morning hours of a regularly scheduled working day, the District shall provide him with an adequate meal if such overtime work, continues past the hour of 7:00 a.m. If an employee in the classified service is called out to perform emergency over- time work, the District shall provide him with an adequate meal at four-hour intervals during the performance of such overtime work. Mealtime shall be con3idered working time and shall be compensated for at the appropriate overtime rate. The District shall not provide meals before, during or after any overtime work which is scheduled in advance. Section 10.2 - Life Insurance The District shall pay a portion of the premium for employee group life insurance coverage in accordance with the provi-• sions of any contract between the District and any company or companies providing such coverage; and the individual employee shall bear the cost of the difference in prem- ium. Section 10.3 - Health and Accident Insurance The District shall pay a portion of the premium for hospi- talization and medical insurance for employees in the classified service in accordance with the provisions of any contract between the District and any company or companies providing such service; and the individual employee shall bear the cost of the difference in prem- ium. -21- 3-28-80 I'• Section 10.4 - Retirement Plan • The District is a member of the Public Employees Retire- ment System (PERS) and District Employees shall be eligible to participate in accordance with the rules of PERS. Section 10.5 - Dental Insurance Dental insurance is provided by the District for all regular ✓ full-time employees after they have worked for two full calendar months. The District pays the premium for the employees' portion of the dental insurance. Section 10.6 - Travel Expense Allowances Travel expense allowances for ems while on District business, shall dance with regulations established and/or the Board of Directors. RULE 11. SERVICE AWARDS ?loyees and Directors, be provided in accor- by the General Manager10 r The Board of Directors may authorize the presentation of appropriate Service Awards to employees and Directors for varying years of service. RULE 12. PAYROLL DEDUCTIONS Deductions of authorized amounts shall be made from employ- ees' pay for the following purposes: (a) Withholding tax; (b) Contribution to retirement benefits; (c) Contribution to survivors' benefits;. (d) Payment of life insurance and accidental death and dismemberment insurance premium; (e) Payment of hospitalization and major medical insurance premium; and (f) Other purposes as may be authorized by the Board of Directors, or required by State or Federal law. -22- 3-28-80 hlb- RULE 13. OUTSIDE C,4PLOYME:NT An employee in the classified service may engage in employ- ment other than his job with the District with the approval of his Department Bead and General Manager and if such outside employment does not interfere with the performance of assigned duties and does not constitute a conflict of interest. tai employee who participates in outside employ- ment without prior approval will be subject to disciplinary action. RULE 14. NEPOTISM Section 14.1 - Policy No closely related person of any pointed officer or employee in shall be hired by the District so appointed officer or employee in remains as such, except as may be Manager or Board of Directors. present elected or ap- the classified service long as such elected or the classified service approved by the General Section 14.2 - Related Person Defined For purposes of this Rule, a closely related person shall be defined as any of the following: Husband Sister-in-law Wife Brother-in-law Son Grandmother Daughter Grandfather Son-in-law Adopted Child Daughter-in-law Stepmother Mother Stepfather Father Stepbrother Mother-in-law Stepsister Father-in-law Stepson Brother Stepdaughter Sister If related by blood: Uncle Nephew Aunt Niece RULE 15. GRIEVANCE PROCEDURE - NONDISCIPLINARY MATTERS Section 15.1 - Purpose The purpose of this section is to enhance communications between the District and its employees by providing a -23- 3-28-80 fair and impartial review and consideration of grievances at the level closest to their point of origin within a reasonable time period without jeopardizing the employees' position or employment. Section 15.2 - Matters Subject to the Grievance Procedure 15.2.1 A grievance may be filed for the alleged viola- tion of the Personnel Rules; alleged improper treatment of an employee; or alleged violation of commonly accepted safety practices or procedures. 15.2.2 The grievance procedure shall not be used to establish new policies or change any existing rules. It shall not be used in matters resulting from disciplinary action. 15. 2.3 Any matter being grieved by an employee shall be kept confidential. Section 15.3 - Informal Grievance Adjustment Y 15.3.1 Whenever possible, an employee who has a com- plaint should try to solve the problem through informal discussion with his supervisor without delay. The supervisor shall make whatever inves- tigation he deems necessary and reply within five working days. Any matters for which he does not have authority to make a decision, should be brought to the attention of a higher level super- visor who does have the proper authority. 15.3.2 If the employee is not satisfied with the deci- sion reached through the informal discussion, and/or some other extenuating circumstances exist, he may bring the matter to the attention of the next level of authority. If the employee is still not satisfied with the decision he may file a formal grievance within five working days after having received the reply. Section 15.4 - Formal Grievance Procedure 15.4.1 The formal grievance procedure may be followed only after failure to resolve a problem through • informal grievance adjustment. If the employee is not in agreement with the decision reached, he may, within five working days, file a formal grievance in writing with the Personnel Offi- cer with a copy to the General Manager. The -24- 3-28-00 • Personnel Officer shall make whatever investiga- tion he deems necessary to allow fair considera- tion of the situation and shall present a written reply to the employee within ten working days after receipt of the grievance. A copy of the reply shall be forwarded to the General Manager. 15. If the employee is not satisfied with the deci- sion of the Personnel Officer, he may file a written appeal to the General Manager within five working days after having received the reply of the Personnel Officer. within ten working days, the General Manager shall make a written. decision which shall be final and binding on all parties. Section 15.5 - General Conditions 15.5.1 The Personnel Officer shall receive and retain copies of all written materials pertaining to the grievance. 15.5.2 An employee may represent himself or select whomever he desires to represent him in the grievance procedure. 15. If an employee fails to proceed with a grievance within any of the time limits specified in this section, the grievance shall be deemed settled on the basis of the last decision reached. 15.5.4 Any of the time limits specified] in this section may be extended when mutually agreed upon by all parties concerned. RULE 16. EMPLOYEE REPRESENTATION ORGANIZATIONS Section 16.1 - Purpose This Rule, authorized under the provisions of Sections 3500-3510 of the California Government Code (entitled the "Meyers-Milias-Drown Act") is intended to establish pro- cedures for recognition of employee organizations, and to promote communication between the District, its em- ployees and recognized employee organizations so as to provide a reasonable and orderly method of resolving questions regarding wages, hours and other terms and conditions of employment. -25- 3-28-80 Section 16.2 - Definitions Terms used in this Rule that are used in the Meyers-Milias- Brown Act (Govt. Code §3500-3510) will have the same meaning in this Rule as they have in said Act, except that all terms defined in this section will be construed, for purposes of this Rule, according to the definitions of this section. 16.2.1 Management Employee: Any member of the Board of Directors or of any commission or committee ap- pointed by the Board of Directors; and any Adminis- trative, Supervisory or Confidential Employee, as those terms ara defined in this section. The Personnel officer shall designate all positions to be included within the categories of Administra- tive, supervisory or Confidential Employees for purposes of employer-employee relations. (a) Administrative Employee: Any employee whose primary duty consists of the performance of office or non-manual work directly related to management policies or general business opera- tions of the District; and who customarily and regularly exercises discretion and independent judgment; and who regularly and directly assists another Management Employee, or who performs only under general supervision work along technical lines requiring specialized training, experience or knowledge, or who executes under only general supervision special assignments and tasks. (b) Su ervisor~VEmployee. An employee having authority to exercise independent judgment to hire, transfer, suspend, lay off, recall, pro- mote, discharge, assign, reward or discipline other employees or having the responsibility to direct them, or to adjust their grievances, or effectively to recommend any 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 indepen- dent judgment. (c) Confidential Employee. Any employee whose duties would give the employee access to confi- dential decisions or decision-making processes of the District concerning any matter relating to employer-employee relations. -26- 3-28-80 16.2.2 Recognized Employee Organization: An employee organization that the District has formally acknowledged as representing the majority of the employees within an Employee Unit designated by the Personnel Officer. An employee organiza- tion so recognized shall be the only Recognized Employee Organization for the Employee Unit for purposes of employee-employer relations. 16. 2.3 Employee Re resentative: The authhorized repre- sentative of a Recognized Employee Organization. No more than one Employee Representative shall be permitted to communicate with the Representa- tive at any stage of employer-employee negotia- tions. A Recognized Employee organization shall designate its Employee Representative in advance of any negotiation and shall notify the District of such designation. 16.2.4 District Representative: The Personnel Officer of the District or his representative shall be the Representative in employer-employee rela- tions. 16. 2.5 Employee Unit: A unit which has been established in accordance with Section 16.5. 16.2.6 Negotiation: Negotiation shall mean the process by which an Employee Representative and the District Representative meet a reasonable number of times and confer in good faith in an effort to agree upon joint recommendations for presenta- tion to the Board of Directors regarding wages, hours and other terms and conditions of employ- ment. When appropriate, proposals and coun- ter-proposals may be used to resolve differences in an effort to avoid an impasse. The negotia- tion process does not obligate either party to accept a proposal or make a compromise. 16. 2.7 Impasse: Impasse means the point at which the District Representative and an Employee Repre- sentative agree that they are unable to reach agreement concerning a subject over which the District is required to meet and confer in good faith. Impasse shall occur only upon agreement between the District Representative and a duly authorized Employee Representative. -27- 3-28-80 16. 2.8 Decertification: The process of withdrawing recognition of a Recognized Employee Organization in accordance with Section 16.11 of this Rule. Section 16.3 - District Responsibilities and Riqhts To insure that the District is- able to carry out its statutory functions and responsibilities, the following matters will not be subject to the meet and confer process, but shall be within the exclusive discretion of the Dis- trict: (1) The right to direct the work force; (2) The right to select and determine the number, quali- fications and classification of employees required; (3) The right to assign work to employees in accordance with the requirements determined by the District; (4) The right to establish and change work schedules and assignments; (5) The right to hire, transfer and promote or lay off employees for lack of work or funds and to suspend, disci- pline and discharge employees for proper cause; (6) The right to expand or diminish services; (7) The right to contract any work or operations of the District; (8) The right to determine and change methods of opera- tions; (9) The right to determine salary ranges for new job classifications prior to appointment of any persons to fill such classifications; (10) The right to determine and change, at its sole discre- tion, the number of locations, relocations and types of operation and the processes and materials to be employed; (11) The right and responsibility of final decisions regarding wages, hours, and other terms and conditions of employment. Such right and responsibility shall be within the exclusive discretion of the Board of Direc- tors; -28- 3-28-80 (12) The right to amend or recommend amendment to this Rule. Section 16.4 - Employee Rights 16.4.1 Employees shall have the right outside of their regular working hours to form, join and partici- pate in the activities of employee organizations of their own choosing. 16. Employees shall have the right to refuse to join or participate in the activities of any employee organization and shall have the right to repre- sent themselves individually in their employee- employer relations with the District. 16.4.3 Neither the District nor any employee organiza- tion shall interfere with, intimidate, restrain, coerce or discriminate against employees who exercise their rights under this section. Section 16.5 - Determination of Appropriate Employee Unit 16.5.1 In order to be recognized for the purposes of meeting and conferring with the District, an employee organization must represent a major- ity of the employees in an Employee Unit to be designated by the Personnel Officer. The princi- pal criterion to be used by the Personnel officer for determining an appropriate Employee Unit shall be the largest feasible groups of employees having a community of interest. In addition, the following factors are to be considered by the Personnel Officer in making such determination: (a) Which Employee Unit will assure employees the fullest freedom in the exercise of rights set forth under this Rule. (b) The history of employee relations in this, unit. and among other employees of the District, and in similar public employment. (c) The effect of the unit on the efficient operations of the District and sound employer- employee relations. (d) The extent to which employees in the unit have common skills, working conditions, job duties or similar educational requirements. -29- 3-28-80 ( e ) The effect on the existing job classifica- tion structure of dividing a single job classifi- cation among two or more units. 16.5.2 No Employee Unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized. 16.5.3 Management Employees shall, as a condition of employment, not represent a Recognized Employee organization on matters within the scope of repre- sentation, nor shall they serve on committees of a Recognized Employee Organization at the time such committee considers matters of wages, hours and conditions of employment of the District, except in the case of an employee unit consisting solely of other Administrative, Supervisory or Confidential Employees. Section 16.6 - Procedure for Recognition of Employee Organizations 16.6.1 An organization representing employees which seeks recognition as the majority representative of the employees in an Employee Unit shall file with the Personnel Officer a petition containing the following information: ` (a) Name and address of the organization., (b) Names and titles of its officers. (c) Name of the authorized Employee Representa-, tive and any alternates. (d) A statement that it is or is not a chapter or local of, or affiliated with, a regional or state, or national or international organization, and if it is, the name and address of each such regional, state, national or international organi- zation. (e) A certified copy of the employee organiza- tion's constitution or by-laws, which shall contain a statement that the employee orga- nization has, as one of its primary purposes, the representation of employees in their employment relations with the District. -30- 3-28-80 1 1 (f) A statement that the organization includes employees of the District as its members who have designated such organization to represent them in their employer-employee relations with the Dis- trict and a list which demonstrates proof of such designation by at least thirty percent (30%) of the employees in each Employee Unit, sought to be represented, through signed membership cards or other ineans determined by the Personnel Officer. Such a list shall include each such employee's name, classification title and department where employed. Such signatures shall have been obtained within the 90 days previous to their submission to the District. (g) A statement that it has no membership restric- tions based on race, color, creed, national origin, sex or age. The request for recognition, including the accompanying documents, shall be verified, under oath, by the execu- tive officer of the petitioning organization. 11 16.6.2 Petitions for recognition of employee oryaniza- tions shall be considered by the Personnel Officer during the month of March. If the Personnel Officer finds a petition for recognition of an employee organization to be properly presented as provided herein, he shall post a notice to such effect in a place where employees of the Employee Unit or Units sought to be represented shall have access for not less than fifteen (15) working days. If a request challenging the representation of the unit by the petitioning organization is not filed as provided below, the Personnel officer shall arrange for an election among the employees in the Employee Unit or Units sought to be represented at the earliest reasonable date. In such' election the voting employees shall designate in writing whether they seek to be represented in their employer-employee relations by the organization in question. 16.6. Within fifteen (15) working days after the date the notice to employees is posted, another em- ployee organization may file a challenging re- quest seeking to become the Recognized Employ- ee Organization of the same Employee Unit or Units. If such challenging organization meets all the criteria outlined in this section, the -31- 3-20-80 Personnel Officer shall arrange for a secret ballot election conducted by the California State Conciliation Service or some other service agreed upon by the District and all petitioning employee organizations. Ballots in such an election shall include the choice, "no organization". The cost of such an election shall be borne equally among the participating employee organizations. 16.6.4 An organization shall be designated as a Recog- nized Einployea Organization for an Employee Unit if it receives favorable votes from more than fifty percent (50%) of the employees of the representation unit at such election. 16.6.5 There shall be no more tlian one representation election in any twelve (12) month period within the same Employee Unit. Section 16.7 - Questions Concerninq Scope of Representa- tion ' In the event there is a dispute over the scope of represen- tation or whether a matter is subject to meeting and con- ferring in good faith and the parties do not voluntarily resolve that dispute, the matter will be submitted to the Distric t Legal Counsel who shall make recommendations to the Personn el Officer for his final determination. Section 16.8 - Timetable for Submission of Requests Requests for changes in wages, hours and other terms and conditions of employment shall be submitted to the District by Recognized Employee Organizations by May 1 of each calendar year. Section 16.9 - Negotiations 16.9.1 Upon request, a Recognized Employee organization may negotiate annually with the District Repre- sentative on wages, hours and other terms and conditions of employment. Agreements reached as a result of negotiations may be reopened only upon the agreement of both the District Represen- tative and a Recognized Employee Organization. 16.9.2 Negotiations year unless agreement of shall conclude extended beyond both parties. 3 2-- -32- on June 1 of each on that date by the X cee__ / 3-2©-©0 C ~ • • 16. 9.3 Negotiations shall not be required on any subject preempted by federal or state law nor shall negotiations be required on employee or District rights as defined in Sections 16.3 and 16.4. Section 16.10 - Disposition of Impasse 16.10.1 Upon Impasse as defined in Section 16.2.7, the following procedure shall be followed. A fact finder will be selected by mutual agreement between the District Representative and Employee Representative. The fact finder selected will meet with the parties in private to aid in the voluntary adjustment of the Impasse. 16.10.2 The authority of the fact finder shall be limited to the determination of the facts, based on evidence submitted to him; provided, however, that upon agreement between the District Repre- sentative and the Employee Representative, the fact finder may also be authorized to make non- binding recommendations for the resolution of an Impasse, such recommendation to be based solely on facts submitted to him. Section 16.11 - Decertification 16.11.1 During the month of March each year requests for decertification or change of a Recognized Employ- ee Organization may be submitted by employees in the Employee Unit to the Personnel Officer. Such decertification or change requests must be accompanied by a petition signed by at least thirty percent (30%) of regular and proba- tionary employees in the Employee Unit. Signa- tures on the petition must have been obtained within the ninety (90) calendar days immediately preceding the date of submission to the Personnel Of f icer. 16.11.2 The Personnel Officer shall determine whether decertification or change petitions meet the criteria provided in this section. If a petition is found to meet these criteria, he shall ar- range a secret ballot election to decide whether or not the Recognized Employee Organization continues to represent a majority of the total probationary and regular employees in the Employee Unit or whether another employee organization • -3 3- 3-28-80 4 A should be recognized as the Recognized Employee Organization for that unit. The cost of such an election shall be borne equally by all parti- cipating parties. Section 16.12 Administration The Personnel Officer is authorized to establish proce- dures to carry out the intent of these rules. I[ v 3-28-80