Chapter 2.25
EMPLOYER-EMPLOYEE RELATIONS
Sections:
2.25.050 District rights and representatives.
2.25.060 Representation unit – General provisions.
2.25.070 Informal recognition procedure.
2.25.080 Formal certification of employee organization.
2.25.090 Modification of certified employee organization.
2.25.100 Decertification of employee organization.
2.25.110 Representation procedure.
2.25.120 Employees meeting on district time.
2.25.130 Miscellaneous provisions.
2.25.140 Administration of employer-employee relations ordinance.
2.25.010 Policy.
In the interest of the public, the employees, and the employer, it is the policy of the West County Wastewater District to establish formal policies, rules, and procedures to provide for the orderly and systematic presentation, consideration and resolution of employer-employee relations matters and to promote the improvement of personnel management relations between the district and its employees. These policies will assist the district and protect the public by assuring, at all times, the orderly and uninterrupted operation and services of the district. [Ord. 5-16-95 § 1-501]
2.25.020 Construction.
Nothing in this chapter shall be construed to deny any person or employee the rights granted by federal or state laws. The rights, powers and authority of the district in all matters, including the right to maintain any legal action, shall not be modified or restricted by this chapter. This chapter is in conformance with state legislation (Government Code Sections 3500 – 3900) as currently in effect or as amended in the future. [Ord. 5-16-95 § 1-502]
2.25.030 Definitions.
Unless otherwise specifically provided, or required by the context, the following terms have the indicated meanings in this chapter:
A. “General manager” means the top administrative officer of the district hired by the board of directors, who is responsible for the overall district operations.
B. “Confidential employee” means an employee who is privy to decisions of district management affecting employer-employee relations.
C. “Consult” and “consultation” mean oral or written communication to present or obtain views or advise of intended actions.
D. “Days” means working days.
E. “District” means the West County Wastewater District, a public agency created under the Sanitary District Act of 1923, and where appropriate, “district” refers to the board of directors of said district.
F. “Employee” means any person employed by the district in a designated status (WCWDC 2.10.030).
G. “Employee organization” means an organization which includes employees of the district and which has as one of its primary purposes representing such employees in their employment relations with the district.
H. “Board” means the district’s board of directors.
I. “Majority representative” means an employee organization that has been granted formal recognition by the district.
J. “Management/supervisory employee” means any employee who is in a high administrative and policy-influencing position with responsibility for managing a major function or rendering management advice to the general manager or the board or has responsibility to direct the work of, evaluate, discipline and adjust the concerns of subordinate employees.
K. “Management representative” means any management or confidential employee designated by the general manager or board to participate in the process of meeting and conferring in good faith with a majority representative, or to consult with a recognized employee organization.
L. “Mediation” means effort by an impartial third party to assist in reconciling a dispute regarding wages, hours and other terms and conditions of employment between representatives of the district and the recognized employee organization or recognized employee organizations through interpretation, suggestion, and advice.
M. “Meet and confer in good faith” means the process through which the district, or such representatives as it may designate, and representatives of recognized employee organizations, shall have the mutual obligation to personally meet and confer promptly on matters within the scope of representation in order to freely exchange information, opinions and proposals and to endeavor to reach agreement on matters within their representation authority.
N. “Professional employee” means an employee engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and the various types of physical, chemical, and biological scientists.
O. “Proof of employee approval” means evidence of employee approval to represent employees, to establish a representation unit, or to become a majority representative; which may be by filing a petition or employee organization authorization cards, with signatures executed and dated within 45 days before filing.
P. “Recognized employee organization” means an employee organization which has been recognized by the board.
Q. “Representation unit” means a group of employees deemed appropriate for representation in the employer-employee relations process.
R. “Representative” means a person with written designation and authorization by a recognized employee organization to represent it in dealing with the district.
S. “Scope of representation” means all matters relating to employment conditions and employer-employee relations, including but not limited to wages, hours, and other terms and conditions of employment, but not including consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. [Ord. 5-16-95 § 1-503]
2.25.040 Employee rights.
Each employee of the West County Wastewater District, except elected officials and the general manager, has the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Employees also have the right to refuse to join or participate in the activities of employee organizations, and the right to represent themselves individually in their employment relations with the district.
No governmental or private person or agency shall interfere with, intimidate, restrain, coerce, or discriminate against an employee because of his exercise of these rights, which include the rights granted in Government Code Sections 3502 and 3506. [Ord. 5-16-95 § 1-504]
2.25.050 District rights and representatives.
A. It is the exclusive right of the district to make all decisions of a managerial or administrative character including, but not limited to, decisions:
1. On the type, extent, and standards of services to be performed;
2. On the methods, means and personnel by which the district’s operations and services are to be conducted;
3. To exercise complete control and discretion over organization, performance, staffing; and
4. Necessary to exercise control over district operations in the most efficient and economical manner practicable and in the best interest of all citizens and exercise any other rights, duties or obligations conferred by law.
B. It is the exclusive right of the district to direct its employees including, but not limited to, giving directions for:
1. Scheduling work, assigning work, or ordering overtime;
2. Classifying and establishing positions;
3. Hiring, promoting, demoting, transferring, laying-off, discharging, and disciplining employees; and
4. Employee safety and plant security matters.
C. It is the exclusive right of the district to take whatever action may be necessary in an emergency situation as declared by the general manager or the board.
D. The board of directors may designate management representatives. The general manager or designated representative(s) shall be the district employer representative in employer-employee relations. [Ord. 5-16-95 § 1-505]
2.25.060 Representation unit – General provisions.
For the purposes stated in this section, the district board of directors shall establish appropriate representation units on a case-by-case basis, using occupational community of interest, history of representation, and the effect of the unit on the efficient operation of the district and sound employer-employee relations, and other factors, subject to the following limitations:
A. No district classification and no employee shall be included in more than one representation unit;
B. Management/supervisory employees, as defined in WCWDC 2.25.030, shall not be included in the same representative unit, which includes nonmanagement or nonconfidential employees;
C. Professional employees, as defined in WCWDC 2.25.030, shall be included in a representative unit with nonmanagement and/or technical employees. Professional employees may be excluded from a nonmanagement unit if such professional employees properly file a petition for unit modification to form a separate unit under WCWDC 2.25.080, and the general manager determines that such unit modifications are appropriate;
D. Temporary employees shall not be included in a representation unit;
E. Management and confidential employees shall not represent any employee organization, which represents other than management and confidential employees of the district on matters within the scope of representation;
F. The general manager, using the criteria set forth in this chapter, shall make the initial determination of all questions that may arise as to whether classifications or employees included in a representation unit are in fact management, professional, confidential, technical, or general employees. Any action of the general manager in determining issues contained in this section which is not satisfactory to the employee organization(s) shall be resolved in the meet and confer process and, if the dispute is not resolved, by the board of directors. [Ord. 5-16-95 § 1-506]
2.25.070 Informal recognition procedure.
A. An employee organization may file a written request for informal recognition with the general manager. If informal recognition is granted, the employee organization shall be limited to consulting with the district on matters within the scope of representation. The contents of the written request shall contain the following:
1. The name, address, and telephone number of the employee organization and the employee representative for the organization;
2. A membership list;
3. Copies of the organization’s constitution, by-laws or rules, and statement of purpose and affiliation (direct or indirect) with any other organization;
4. A statement that the organization’s members support the request for informal recognition and are not members of a recognized employee organization; and
5. A statement that the organization shall not discriminate based on race, color, creed, national origin, sex, age, or physical handicap.
B. The general manager shall have the right to request additional information from the organization seeking informal recognition.
C. The general manager shall submit the request to the board of directors with a recommendation for final disposition. [Ord. 5-16-95 § 1-507]
2.25.080 Formal certification of employee organization.
A. Petition Requirements. An employee organization may be certified as the exclusive representative of a representation unit for the purposes stated in this chapter. Any employee organization that meets the following minimum requirements may petition, in writing, 30 to 60 days prior to the expiration of the memorandum of understanding, to represent the employees in a representation unit as established in WCWDC 2.25.060. These requirements are to be filed with the general manager in a statement of representation, signed by the presiding officer of the employee organization, and shall state, certify and/or include the following:
1. The organization’s name, mailing address (and business telephone number, if any);
2. A statement whether the organization is a chapter or local of, or affiliated directly or indirectly in any manner with, any regional, state, national, or international organization, and if so, the name and mailing address of each such other organization;
3. A list of the names and titles of the organization’s officers;
4. A statement that the organization includes employees of the district who are members;
5. A statement that one of the organization’s primary purposes is representation of such employees in the employer-employee relations with the district;
6. Current copies of the organization’s constitution and by-laws;
7. The designation of two persons, and their addresses, to whom notice, sent by regular United States mail, will constitute notice;
8. A statement that the organization has no restriction on membership based on race, color, creed, national origin, sex, age, or physical impairment; and
9. A statement that the employee organization has in its possession written proof, dated within 30 calendar days of the date upon which the petition is filed, to establish that 35 percent of the eligible employees within the representation unit 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 general manager.
B. Appropriateness of Proposed Unit. Upon receipt of a petition, the general manager shall notify the board and the recognized employee organizations of the petition and review the proposed unit to determine if it is an appropriate one based on the community of interest standard and other relevant facts.
For the purposes stated in this section, the district board of directors shall establish appropriate representation units on a case-by-case basis, using occupational community of interest, history of representation, and the effect of the unit on the efficient operation of the district and sound employer-employee relations, and other factors, subject to the following limitations:
1. No district classification and no employee shall be included in more than one representation unit.
2. Management/supervisory employees, as defined in WCWDC 2.25.030, shall not be included in the same representative unit, which includes nonmanagement or nonconfidential employees.
3. Management and confidential employees shall not represent any employee organization which represents other than management and confidential employees of the district on matters within the scope of representation.
4. Professional employees, as defined in WCWDC 2.25.030, shall be included in a representative unit with nonmanagement and/or technical employees. Professional employees may be excluded from a nonmanagement unit if such professional employees properly file a petition for unit modification to form a separate unit under this section, and the general manager determines that such unit modification is appropriate.
5. The general manager, using the criteria set forth in this chapter, shall make the initial determination of all questions that may arise as to whether classifications or employees included in a representation unit are in fact management, professional, confidential, technical, or general employees. Any action of the general manager in determining issues contained in this section which are not satisfactory to the employee organization(s) shall be resolved in the meet and confer process and where that process fails, by the board of directors.
C. Unit Determination. The general manager shall, within 30 days after an effective petition is filed, review the proposed unit and make a preliminary determination on the appropriateness of the unit(s). After the time for review has expired, the general manager, or designee, and the petitioning employee organization shall meet and confer to see if they can agree on the composition of an appropriate representation unit. Unless otherwise agreed, the period for meeting and conferring shall expire 60 days after the preliminary determination has been communicated to the petitioning party.
After the meet and confer process is completed and if the parties agree on the composition of the unit, the general manager shall recommend that the board confirm the unit as a representation unit.
If, after the meet and confer process the parties cannot agree on the composition of an appropriate representation unit, then the matter shall be referred to the board for determination.
When the representation unit has been determined, the general manager shall take no other action on said request for 30 days thereafter.
D. Intervention Petition. Within 10 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 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 35 percent and otherwise in the same form and manner as set forth in this section. If such challenging petition seeks establishment of an overlapping unit, the general manager shall call for a meet and confer 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 general manager shall determine the appropriate unit or units in accordance with the standards set forth in this section. The petitioning employee organizations shall have 15 days from the date notice of such unit determination is communicated to them by the general manager to amend their petitions to conform to such determination.
E. Election Procedure.
1. The general manager shall arrange for a secret ballot election as mutually agreed upon by the district and all employee organizations concerned. The secret ballot election must be held no sooner than 20 calendar days after the final determination of the appropriate representation unit or units, and not more than 40 calendar days after such determination. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this section shall be included on the ballot.
2. The choice of “no organization” shall be on the ballot unless there is a runoff election.
3. To be entitled to vote, each employee must have been employed in a regular position within the designated representation unit and have been actively employed during the pay period ending at least 30 days immediately preceding and including the election date, including those who did not work during such period because of illness, vacation or other authorized leaves of absence.
4. An employee organization shall be formally acknowledged as the recognized employee organization for the designated appropriate unit following an election or runoff election if it received a numerical majority (50 percent plus one) of all valid votes cast in the election; and provided, that at least 50 percent of the employees eligible to vote in such election have voted. If less than 50 percent of the employees vote in such election, the election shall be declared invalid and subject to the 12-month rule herein below stated.
5. In an election involving three or more choices, where none of the choices receive a majority of the valid vote cast, a runoff election shall be conducted between the two choices receiving the largest number of valid votes; the rules governing an initial election being applicable to a runoff election.
6. The general manager shall report the results to the board, and, if a majority representative has been selected and has also met all the minimum qualifications as stated in subsections (A)(1) through (9) of this section, then the board shall certify that employee organization as the established representation unit.
7. There shall be no more than one certification election in a 12-month period with the same representation unit, except as provided above for runoff elections.
8. The cost of conducting elections shall be borne in equal shares by the district and by each employee organization appearing on the ballot.
9. A decision of the board of directors dismissing a claim for certification by an employee organization shall be valid and effective for a period of 12 months from the date of dismissal. [Ord. 5-16-95 § 1-508]
2.25.090 Modification of certified employee organization.
A. An employee organization may file a petition for the modification of an existing representation unit with the general manager only within 90 days of the expiration of any memorandum of understanding.
B. The petition shall be based on changes in district functions, organizational structure and/or job classifications and the criteria used for determining the appropriateness of representation units in WCWDC 2.25.060.
C. The petition shall describe the proposed modification, impact on the district’s classification plan and all supporting facts.
D. The general manager must issue a determination of whether a representation unit should be modified within a reasonable period after the petition was submitted.
E. The general manager may, on his or her own motion, propose that an established unit be modified within the time requirements for petitions in subsection (A) of this section. The general manager must provide written notice to any affected employee organization of the proposed modification. An affected employee organization may submit written objections within 10 days after the written notice is provided. Such objections must contain all relevant facts and grounds for opposing the unit modification. The general manager must issue a determination responding to the objections submitted by the employee organization and which takes final action on the proposed unit modification. If a unit is modified by the motion of the general manager, employees of the new modified unit may thereafter file a petition for recognition.
F. An employee organization may file an appeal of a unit modification determination with the board within 10 days after such determination is issued. The appeal must be in writing and contain a detailed statement of the facts and grounds for objecting to the determination of the general manager. The board has the full discretion to establish appropriate procedures for resolving the appeal. The board shall issue a decision on the appeal within 60 days of its filing unless additional time is necessary. The decision of the board shall be final and binding. [Ord. 5-16-95 § 1-509]
2.25.100 Decertification of employee organization.
A. Procedure of Decertification. The status of an organization as majority representative may be contested by employees of the unit, after two years has elapsed from the most recent date of formal recognition, by submitting a petition with proof of employee approval of at least 35 percent of the employees in the representation unit. The majority representative shall be decertified if the results of a secret ballot election show a majority (as defined in WCWDC 2.25.080(E)(4)) for another recognized organization or “no organization.” Decertification of a majority representative shall not affect the provisions of any memorandum of understanding between the district and the former representative governing the terms and conditions of employment of employees in such unit. A decertification petition shall contain the following information and documentation:
1. The names of the established representation unit and of the incumbent certified employee organization sought to be decertified as the representative of that unit;
2. An allegation that the incumbent certified employee organization no longer represents a majority of the employees in the unit and any other relevant and material facts relating thereto;
3. Proof of employee support that at least 35 percent of the current employees in the unit no longer desire to be represented by the incumbent certified employee organization;
4. When the decertification petition also requests certification of another organization, then that petition shall include those requirements as set forth in WCWDC 2.25.080(A)(1) – (9).
5. The timetable for submitting a petition for decertification shall occur when the term of the memorandum of understanding has less than 120 days and more than 90 days remaining or any time after the memorandum of understanding has expired.
6. If there is a second nonincumbent union desiring to intervene on the decertification petition, then those provisions in WCWDC 2.25.080(D) shall be followed.
B. Process of Decertification. Upon receipt of a decertification petition, the general manager shall place the matter on the agenda of the next regularly scheduled meeting of the board of directors. If the employee petition is found to be valid, then the board shall require a secret ballot election by a neutral party. The majority representative shall be decertified if the results of a secret ballot election show that employees of the unit no longer desire representation by that organization, as indicated by the vote for “no organization” or another recognized organization, as specified in the election procedure cited in WCWDC 2.25.080(E), Election Procedure. In the event of a tie vote, the incumbent certified employee organization shall not be decertified. The results of the election become binding and final.
A notice of decertification shall be sent by certified mail whenever an employee organization is voted to be decertified by a majority of the voting employees. The notice shall be delivered to the last known officer(s) of the employee organization.
In the event the incumbent certified employee organization is decertified, the decertification shall not negate the terms of the then existing memorandum of understanding between the district and that organization. [Ord. 5-16-95 § 1-510]
2.25.110 Representation procedure.
A. Timetable for Requests. Requests from recognized employee organizations for changes in wages, hours, and/or other terms and conditions of employment shall be submitted to the general manager at least 90 days before the expiration of the current memorandum of understanding so that proposals can be properly considered.
B. Notice. Recognized employee organizations, except in cases of emergency, have the right to reasonable advance notice of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the board, and to meet with the body or person considering the matter. Board agendas are available in the home office on the Friday preceding a regularly scheduled board meeting.
In cases of emergency when the board determines that it must act immediately without such notice or meeting, it shall give such notice and opportunity to meet as soon as practicable before or after its action.
C. Meet and Confer. Majority representative(s) are entitled to meet and confer as defined in WCWDC 2.25.030(M). If agreement is reached, a memorandum of understanding may be prepared and signed by the general manager and by an authorized representative(s) of the majority representative(s) and then submitted jointly to the board for final action.
D. Consultation in Good Faith. All matters affecting employer-employee relations, including those that are not subject to meet and confer, are subject to consultation. The district, through its employer representative, shall consult in good faith with representatives of all recognized employee organizations in employer-employee relations matters which affect them. [Ord. 5-16-95 § 1-511]
2.25.120 Employees meeting on district time.
District employees shall be allowed to attend meetings held by the district during regular working hours on district time only under the following circumstances:
A. If their attendance is required at a specific meeting by district management.
B. If their attendance is sought by the hearing officer for presentation of testimony or other reasons.
C. In addition, official representatives of a certified employee organization(s) shall be allowed time off on district time for meeting during regular working hours when formally meeting and conferring in good faith or consulting with district representative(s) on matters within the scope of representation. Advance arrangements for the time away from his/her work station or assignment shall be made with the appropriate supervisor. [Ord. 5-16-95 § 1-512]
2.25.130 Miscellaneous provisions.
A. Advance Notice. Written notice shall be given to recognized employee organizations of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the board of directors.
B. Reasonable space shall be allowed on district bulletin boards (or equivalent) for use by employees and employee organizations to communicate with other employees on matters relating to employer-employee relations.
C. Any authorized representative of a recognized employee organization shall have the right to contact individual employees working within the representation unit during business hours on matters within the scope of representation, provided prior arrangements have been made for each contact with the general manager or appropriate department manager.
D. No contact shall be permitted during working hours with employees regarding internal employee organization business, such as membership, collection of money, or election of officers.
E. In the event provisions of this chapter should require amendments, the district or its representative shall consult with employee organizations prior to enactment of such amendments. [Ord. 5-16-95 § 1-513]
2.25.140 Administration of employer-employee relations ordinance.
A. The general manager is the board’s designated representative and authorized spokesperson on all matters concerning the employer-employee relations between the district and its employees. The general manager is further authorized to establish rules and procedures as appropriate to implement and administer this chapter.
B. The rights of the district include, but are not limited to, the exclusive right to determine the missions of its constituent departments and divisions; set standards of services; determine the procedures and standards of selection for employment and promotion; direct and assign its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of district operations; determine the methods, means, and personnel by which district operations are to be conducted; determine the content of job classifications; 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; provided, however, that the exercise of such district rights shall not conflict with the express provisions of this chapter or applicable laws.
1. The rights, powers and authority of the board of the district in all matters, including the right to maintain legal action, shall not be modified or restricted by this chapter.
2. The provisions of this chapter are intended to be consistent with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et seq.,) as amended.
C. Nothing in this chapter shall be construed to restrict or in any way modify the right of an individual employee to present matters involving his/her employment relationship with the district.
D. Nothing contained in this chapter is deemed to modify or abrogate existing rights and responsibilities of the district or its employees or employee organizations, to the extent they are governed by law or the terms of a memorandum of understanding. If any part or section of this chapter is found to be contrary to existing law or laws subsequently adopted by any court of proper jurisdiction, the remainder shall not be affected thereby. [Ord. 5-16-95 § 1-514]