This chapter shall be known as the employer-employee relations resolution of the Western Municipal Water District of Riverside County.
(Res. 3046 § 1, 2018)
The purpose of this chapter is to implement Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Section 3500 et seq.) captioned "Local Public Employee Organizations" by providing orderly procedures for the administration of employer-employee relations between the district and its employee organizations and for resolving disputes regarding wages, hours, and other terms and conditions of employment.
(Res. 3046 § 2, 2018)
As used in this chapter, the following terms shall have the meanings indicated:
A. "Appropriate unit"
means a unit established pursuant to WMWDC § 2.20.110.
B.
"District" means the Western Municipal Water District of Riverside County, and where appropriate herein, "district" refers to the board of directors of said district, the governing body of said district, or any duly authorized management employee as herein defined.
C. "Consult" or "consultation in good faith"
means to communicate orally or in writing for the purpose of presenting and obtaining views or advising of intended actions; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a memorandum of understanding.
D. "Employee"
means any regular full-time employee of the district except those persons elected by popular vote. This does not include part-time, temporary or seasonal employees of the district.
E. "Employee, confidential"
means an employee who, in the course of his or her duties, has access to confidential information relating to the district's administration of employer-employee relations.
F. "Employee, management"1. 2.
means:
Any employee having significant responsibilities for formulating, managing or administering district policies and programs, including but not limited to the chief executive officer and department heads; or
Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
G. "Employee, professional"
means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and various types of physical, chemical and biological scientists.
H. "Employee organization"
means any organization which includes employees of the district and which has as one of its primary purposes representing such employees in their employment relations with the district.
I. "Employer-employee relations"
means the relationship between the district and its employees and their employee organization, or when used in a general sense, the relationship between district management and employees or employee organizations.
J. Grievance.
This term is defined in WMWDC § 2.20.220(A).
K. "Impasse"
means (1) a deadlock in the annual (or periodic) discussions between an exclusive representative and the district over any matters concerning which they are required to meet and confer in good faith, or over the scope of such subject matter; or (2) any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the district employee relations officer made pursuant to WMWDC § 2.20.090, § 2.20.100 or § 2.20.110.
L. "Exclusive representative"
means an employee organization, or its duly authorized representative, that has been granted formal recognition by the district employee relations officer as representing the majority of employees in an appropriate unit.
M. "Mediation" or "conciliation"
means the efforts of an impartial third person, or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution to an impasse, through interpretation, suggestion and advice. "Mediation" and "conciliation" are interchangeable terms.
N.
"Meet and confer in good faith" (sometimes referred to herein as "meet and confer" or "meeting and conferring") means performance by duly authorized district representatives, excluding members of the board of directors, and duly authorized representatives of an employee organization recognized as the exclusive representative of their mutual obligation to meet at reasonable times and to confer in good faith regarding matters within the scope of representation, including wages, hours, and other terms and conditions of employment, in an effort to:
1.
Reach agreement on those matters within the authority of such representatives; and
2.
Reach agreement on what will be recommended to the board of directors of the district on those matters within the decision making authority of said board. This does not require either party to agree to a proposal or to make a concession.
O. Peace Officer.
This term is defined in California Penal Code Section 830.
P. "Recognized employee organizations"1. 2.
means an employee organization which has been acknowledged by the district employee relations officer as an employee organization that represents employees of the district. The rights accompanying recognition are either:
"Formal recognition,"
which is the right to meet and confer in good faith as the majority representative in an appropriate unit; or
"Informal recognition,"
which is the right to consult in good faith by all recognized employee organizations.
Q. "Resolution"
means, unless the context indicates otherwise, the employer-employee relations resolution of the Western Municipal Water District of Riverside County.
R. "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. District rights (WMWDC § 2.20.050) are excluded from the scope of representation.
S. "District employee relations officer"
means the district's principal representative in all matters of employer-employee relations. The district employee relations officer shall be the general manager or the general manager's designee.
T. "Confirmation of understanding"
means a letter confirming the district's understanding regarding certain terms and conditions of employment for the district's management, professional, and confidential employees.
V. "MOU"
means a memorandum of understanding or agreement between the district and a formally recognized employee organization which sets forth all agreed upon matters in a written document. The MOU must be ratified by the district's board of directors.
W. Skelly Hearing.
Prior to the district imposing discipline that impairs a regular employee's property rights, such as a termination, demotion, or unpaid suspension, the regular employee is entitled to advanced notice of the proposed disciplinary action, the reasons for the disciplinary action, and a copy of the charges and materials upon which the disciplinary action is based. (Unpaid suspensions of four days or less will be provided a "Skelly hearing" before, during or within seven calendar days following the suspension.) The regular employee is also entitled to respond to the proposed discipline either orally or in writing. If the employee chooses to respond orally, the meeting with management is called a Skelly hearing or Skelly meeting. The purpose of the Skelly meeting is to provide the employee the opportunity to respond informally to the disciplinary charges prior to the imposition of discipline. The Skelly meeting is not a full evidentiary hearing.
(Res. 3046 § 3, 2018)
Employees of the district shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations including, but not limited to, wages, hours, and other terms and conditions of employment. Employees of the district also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the district. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the district or by any employee organization because of his/her exercise of these rights.
(Res. 3046 § 4, 2018)
The rights of the district include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government 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. Nothing in this section shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the district by the Municipal Water District Law of 1911, as amended, or other laws regulating, authorizing or empowering the district to act or refrain from acting.
(Res. 3046 § 5, 2018)
A.
The district, through its representatives, shall meet and confer in good faith with representatives of formally recognized employee organizations with majority representation rights regarding matters within the scope of representation including wages, hours and other terms and conditions of employment within the appropriate unit.
B.
The district shall not be required to meet and confer in good faith on any subject preempted by federal or state law or by the enabling laws affecting the district, nor shall it be required to meet and confer in good faith on employee or district rights as defined in WMWDC § 2.20.040 and § 2.20.050.
(Res. 3046 § 6, 2018)
All matters affecting employer-employee relations, including those that are not subject to meeting and conferring, are subject to consultation. The district, through its representatives, shall consult in good faith with representatives of all recognized employee organizations on employer-employee relations matters which affect them. Advance notice on matters subject to consultation, but outside the scope of representation, is desirable but not mandatory.
(Res. 3046 § 7, 2018)
Reasonable written notice shall be given to each recognized employee organization affected by any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the board of directors of the district, or by any board or commission of the district, and each shall be given the opportunity to appear before such body prior to adoption.
In cases of emergency when the district or any board or commission of the district determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the district or the board or commission of the district shall provide such notice and opportunity to appear before such body at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.
(Res. 3046 § 8, 2018)
There are two levels of employee organization recognition: formal and informal. The recognition requirements of each are set forth below.
A.
Formal Recognition – The Right to Meet and Confer in Good Faith as Exclusive Representative. An employee organization that seeks formal recognition for purposes of meeting and conferring in good faith as the exclusive representative of employees in an appropriate unit shall file a petition with the district employee relations officer containing the following information and documentation:
1.
Name and address of the employee organization.
2.
Names and titles of its officers.
3.
Names of employee organization representatives who are authorized to speak on behalf of its members.
4.
A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the district.
5.
A statement whether the employee organization is a chapter or local of, or affiliated directly or indirectly in any manner with, a regional or state, or national or international organization, and, if so, the name and address of each such regional, state or international organization.
6.
Certified copies of the employee organization's constitution and bylaws.
7.
A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.
8.
A statement that the employee organization recognizes that the provisions of Section 923 of the Labor Code are not applicable to district employees.
9.
A statement that the employee organization has no restriction on membership based on race, color, creed, sex, or national origin or any other applicable protected category.
10.
The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.
11.
A statement that the employee organization has in its possession written proof, dated within 90 days of the date upon which the petition is filed, to establish that employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the district. Such written proof shall be submitted for confirmation to the district employee relations officer or to a mutually agreed upon disinterested third party.
12.
A request that the district employee relations officer recognize the employee organization as the exclusive representative of the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith on all matters within the scope of representation.
B.
Informal Recognition – The Right to Consult in Good Faith. An employee organization that seeks recognition for purposes of consultation in good faith shall file a petition with the district employee relations officer containing the following information and documentation:
1.
All the information enumerated in subsections (A)(1) through (9) of this section inclusive.
2.
A statement that the employee organization has in its possession written proof, dated within 90 days of the date upon which the petition is filed, to establish that employees 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 district employee relations officer or to a mutually agreed upon disinterested third party.
3.
A request that the district employee relations officer recognize the employee organization for the purpose of consultation in good faith.
4.
The petition, including all accompanying documents, shall be verified, under oath, by the executive officer and secretary of the organization that the statements are true. All changes in such information shall be filed forthwith in like manner.
5.
The district employee relations officer shall grant recognition, in writing, to all employee organizations who have complied with either subsection A or B of this section and, in addition, subsection C of this section for purposes of consultation in good faith for its members. Employee organizations seeking formal recognition as exclusive representative must, in addition, establish to the satisfaction of the district employee relations officer that it represents a majority of the employees in the manner prescribed in WMWDC § 2.20.100(A). No employee may be represented by more than one recognized employee organization for the purposes of this chapter.
(Res. 3046 § 9, 2018)
A.
Formal Recognition as the Exclusive Representative in an Appropriate Unit.
1.
An employee organization that seeks formal recognition as the exclusive representative in an appropriate unit shall file a petition for recognition with the district employee relations officer containing all of the information set forth in WMWDC § 2.20.090(A), accompanied by written proof that at least 30 percent of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the district; provided, however, the employee organization may request that such written proof be submitted to a mutually agreed upon disinterested third party. Upon receipt of the petition for recognition, the district employee relations officer shall determine whether:
a.
There has been compliance with the requirements of the petition for recognition; and
b.
The proposed unit is an appropriate unit. If an affirmative determination is made by the district employee relations officer on the foregoing two matters, he or she shall give notice of such request for formal recognition to the employees in the unit and shall take no action on said request for 30 days thereafter; if either of the foregoing matters are not affirmatively determined, the district employee relations officer shall inform the employee organization of the reasons therefor in writing.
2.
Within 30 days of the date notice to employees is given, any other employee organization (hereinafter referred to as the "challenging organization") may seek formal recognition in an overlapping unit by filing a petition for recognition; provided, however, such challenging organization must submit written proof that it represents at least 30 percent of employees in such unit. The district employee relations officer shall hold a hearing on such overlapping petitions, at which time all affected employee organizations shall be heard. Thereafter, the district employee relations officer shall determine the appropriate unit or units as between such proposed overlapping units in accordance with the criteria set forth in WMWDC § 2.20.110.
3.
If the written proof submitted by the employee organization in the unit found to be appropriate establishes that it represents more than 50 percent of the employees in such unit, the district employee relations officer may, in his or her discretion, grant formal recognition to such employee organization without a secret ballot election.
4.
When an employee organization in the unit found to be appropriate submits written proof that it represents at least 30 percent of the employees in such unit, and it does not qualify for or has not been granted recognition pursuant to subsection (A)(3) of this section, the district employee relations officer shall arrange for a secret ballot election to be conducted by the secretary or assistant to the secretary of the board of directors of the district, the California State Mediation and Conciliation Service, the American Arbitration Association, or some agreed upon third party. All challenging organizations who have submitted written proof that they represent at least 30 percent of the employees in the unit found to be appropriate, and have submitted a petition for recognition as required by WMWDC § 2.20.090, shall be included on the ballot. The choice of "no organization" shall also be included on the ballot. Employees entitled to vote in such election shall be those persons regularly employed in permanent positions within the unit who were employed during the pay period immediately prior to the date which is 15 days before the election, including those who did not work during such period because of illness, vacation or authorized leaves of absence and who are employed by the district in the same unit on the date of the election. An employee organization shall be granted formal recognition following an election or runoff election if:
a.
That employee organization has received the vote of a numerical majority of all the employees eligible to vote in the unit in which the election is held (i.e., 50 percent plus one of the votes of all eligible employees); or
b.
At least 60 percent of the total number of employees in the unit eligible to vote have voted in the election or runoff election, and an employee organization receives a numerical majority of all votes cast in the election (i.e., 50 percent of the votes cast plus one). (For example: If 100 employees are eligible to vote in an election, but only 59 actually vote, an employee organization must obtain 51 votes for formal recognition. If 90 employees vote, an employee organization must receive at least 46 votes for formal recognition.)
c.
In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a runoff election shall be conducted between the two choices receiving the largest number of valid votes cast. The rules governing an initial election shall also apply to a runoff election.
5.
There shall be no more than one valid election in a 24-month period within the same unit.
B.
Decertification of Established Unit.
1.
A petition for decertification alleging that an employee organization granted formal recognition is no longer the exclusive representative of the employees in an appropriate unit may be filed with the district employee relations officer only during the 30-day period beginning 90 days prior to the expiration of the memorandum of understanding covering the established unit and if there is no MOU, following the first full year of formal recognition. The petition for decertification may be filed by an employee, a group of employees or their representative, or an employee organization. The petition, including all accompanying documents, shall be verified, under oath, by the person signing it, that its contents are true. It may be accompanied by a petition for recognition by a challenging organization. The petition for decertification shall contain the following information:
a.
The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.
b.
The name of the formally recognized employee organization.
c.
An allegation that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts.
d.
Written proof that at least 30 percent of the employees in the unit do not desire to be represented by the formally recognized employee organization. Such written proof shall be dated within 90 days of the date upon which the petition is filed and shall be submitted for confirmation to the district employee relations officer or to a mutually agreed upon disinterested third party.
2.
The district employee relations officer shall arrange for a secret ballot election to determine if the formally recognized employee organization shall retain its recognition rights. The formally recognized employee organization shall be decertified if a majority of those casting valid ballots vote for decertification.
3.
There shall be no more than one valid decertification election in the same unit in any 12-month period.
C.
Modification of Established Unit. A petition for modification of an established unit may be filed by an employee organization with the district employee relations officer during the period for filing a petition for decertification. The petition for modification shall contain all of the information set forth in WMWDC § 2.20.090(A), along with a statement of all relevant facts in support of the proposed modified unit. The petition shall be accompanied by written proof that at least 50 percent of the employees within the proposed modified unit have designated the employee organization to represent them in their employment relations with the district; provided, however, the employee organization may request that such written proof be submitted to a mutually agreed upon disinterested third party. The district employee relations officer shall hold a hearing on the petition for modification, at which time all affected employee organizations shall be heard. Thereafter, the district employee relations officer shall determine the appropriate unit or units as between the existing unit and the proposed modified unit. If the district employee relations officer determines that the proposed modified unit is the appropriate unit, then he or she shall follow the procedures set forth in subsection A of this section for determining formal recognition rights in such unit.
The employee relations officer may on his/her own motion propose that an established unit be modified. The employee relations officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the employee relations officer shall determine the composition of the appropriate unit or units, and shall give written notice of such determination to the affected employee organizations. The employee relations officer's determination may be appealed as provided in WMWDC § 2.20.130. If a unit is modified pursuant to the motion of the employee relations officer hereunder, and the classification(s) are not placed in an existing unit, employee organizations may thereafter file recognition petitions seeking to become the exclusively recognized employee organization for such new appropriate unit or units pursuant to subsection A of this section.
Any valid MOU shall not be affected by any of the procedures set forth in this subsection C and the district shall not be obligated to meet and confer with any newly recognized employee organization or any newly modified bargaining unit to which the MOU applies, on any matters addressed or considered in the meet and confer sessions which resulted in the MOU, until such MOU expires.
In the event of a unit modification, if unit members are removed from an existing unit pursuant to a unit modification petition and form a new unit, such unit members will still be governed by the MOU that governed them in their prior unit. In such a situation, the remaining unit members will also still be governed by the unit's existing MOU. If unit members are transferred to a previously established unit pursuant to a unit modification petition, those transferred unit members will be governed by the MOU of the unit to which they are transferred as opposed to the MOU of their previous unit.
D.
Duration of Formal Recognition. When an employee organization has been formally recognized, such recognition shall remain in effect for two years from the date thereof and thereafter until such time as the district employee relations officer shall determine, on the basis of a secret ballot election conducted in accordance with the foregoing rules, that the formally recognized employee organization no longer represents a majority of the employees in the appropriate unit or until such time as the unit may be modified as provided in subsection C of this section.
E.
Cost of Election Proceedings. The cost of any election proceeding shall be borne by the employee organization or organizations whose name(s) appear on the ballot.
F.
New Classes and Modification of Existing Classes. When a new class or classes are added to the classification plan, or when an existing class or classes are changed or modified, the employee relations officer shall make an evaluation of the relationship of these classes to the existing representation units and make an assignment to the appropriate unit or units if one exists. After notification to directly affected recognized or registered employee organizations and employees, such organizations or employees who disagree with the director's assignment may file a protest with the employee relations officer.
G.
Appeals in Representation Proceedings. Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the district employee relations officer made pursuant to subsection A, B, C, D, or F of this section shall be processed in accordance with the procedures set forth in WMWDC § 2.20.130; provided, however, the written request for an appeal, as described in WMWDC § 2.20.130, must be filed with the district employee relations officer within the time limits of that section, or its complaint will be considered closed and not subject to any other appeal.
(Res. 3046 § 10, 2018)
A.
The district employee relations officer, after reviewing the petition filed by an employee organization seeking formal recognition as the exclusive representative, shall determine whether the proposed unit is an appropriate unit. The principal criterion in making this determination is whether there is a community of interest among such employees. The following factors, among others, are to be considered in making such determination:
1.
Which unit will assure employees the fullest freedom in the exercise of rights set forth under this chapter.
3.
The effect of the unit on the efficient operation of the district and sound employer-employee relations.
4.
The extent to which employees have common skills, working conditions, job duties or similar educational requirements.
5.
The effect on the existing classification structure of dividing a single classification among two or more units; provided, however, no unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized.
B.
In the establishment of appropriate units, (1) professional employees shall not be denied the right to be represented separately from nonprofessional employees; and (2) management and confidential employees who are included in the same unit with nonmanagement or nonconfidential employees may not represent such employees on matters within the scope of representation.
(Res. 3046 § 11, 2018)
The board of directors of the district shall designate, by resolution, a district employee relations officer who shall be the district's principal representative in all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation including wages, hours and other terms and conditions of employment.
The district employee relations officer so designated is authorized to delegate these duties and responsibilities.
(Res. 3046 § 12, 2018)
An employee organization aggrieved by an appropriate unit determination of the employee relations officer under WMWDC § 2.20.110 may, within 10 days of notice thereof, request the intervention of the California State Mediation and Conciliation Service pursuant to Government Code Sections 3507.1 and 3507.3, or may, in lieu thereof or thereafter, appeal such determination to the board of directors for decision within 15 days of notice of the employee relations officer's determination or the termination of proceedings pursuant to Government Code Sections 3507.1 and 3507.3, whichever is later.
An employee organization aggrieved by a determination of the employee relations officer that a recognition petition (WMWDC § 2.20.090); challenging petition (WMWDC § 2.20.100); or decertification petition (WMWDC § 2.20.100(B)) has not been filed in compliance with the applicable provisions of this chapter may, within 15 days of notice of such determination, appeal the determination to the board of directors for final decision.
Appeals to the board of directors shall be filed in writing with the district secretary, and a copy thereof served on the employee relations officer. The board of directors shall commence to consider the matter within 30 calendar days of the filing of the appeal. The board of directors may, in its discretion, refer the dispute to a third party hearing process. Any decision of the board of directors on the use of such procedure, and/or any decision of the board of directors in determining the substance of the dispute, shall be final and binding.
(Res. 3046 § 13, 2018)
If the meet and confer process has reached impasse as defined in this chapter, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the employee relations officer. The purpose of such meeting shall be:
A.
To review the position of the parties in a final effort to reach agreement on a memorandum of understanding and/or personnel policy and procedure manual; and
B.
To discuss arrangements for the utilization of the impasse procedures provided herein if the impasse is not resolved.
(Res. 3046 § 14, 2018)
Impasse procedures are as follows:
A.
If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.
(Res. 3046 § 15, 2018)
The costs for the services of a mediator utilized by the parties, and other mutually incurred costs of mediation, shall be borne equally by the district and the exclusively recognized employee organization. The cost for other separately incurred costs shall be borne by each party.
(Res. 3046 § 16, 2018)
An exclusively recognized employee organization may request that the parties' differences be submitted to a fact finding panel. The request shall be accompanied by a statement that the parties have been unable to effect a settlement. Such a request may be filed:
A.
Not sooner than 30 days, but not more than 45 days, following the appointment or selection of a mediator pursuant to the parties' agreement to mediate; or
B.
If the dispute was not submitted to mediation, not later than 30 days following the date either party provided the other with written notice of a declaration of impasse.
The request must be filed with the appropriate Public Employees Relations Board (PERB) regional office; service and proof of service are required.
(Res. 3046 § 17, 2018)
The fact finding panel shall consist of one member selected by each party as well as a chairperson selected by the PERB or by agreement of the parties as follows:
A.
If the PERB determines that the request complies with the requirements specified in WMWDC § 2.20.170, each party shall select a person to serve as its member of the fact finding panel within five days following this determination.
B.
If the PERB determines that the request complies with the requirements specified in WMWDC § 2.20.170, the PERB shall, within five working days following this determination, submit to the parties the names of seven persons drawn from the list of neutral fact finders established pursuant to Government Code Section 3541.3(d). The PERB will thereafter designate one of the seven persons to serve as the chairperson unless notified by the parties within five working days that they have mutually agreed upon a person to chair the panel in lieu of a chairperson selected by the PERB. The costs of the chairperson must be borne equally by the parties.
(Res. 3046 § 18, 2018)
The panel shall, within 10 days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. For the purpose of the hearings, investigations, and inquiries, the panel shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence.
If the dispute is not settled within 30 days after the appointment of the fact finding panel, or upon agreement by both parties within a longer period, the panel shall make findings of fact and recommend terms of settlement, which shall be advisory only. In arriving at their findings and recommendations, the fact finders shall consider, weigh, and be guided by the criteria listed in Government Code Section 3505.4(d).
The fact finders shall submit, in writing, any findings of fact and recommend terms of settlement to the parties before they are made available to the public. The district shall make these findings and recommendations publicly available within 10 calendar days after their receipt.
(Res. 3046 § 19, 2018)
The costs for the services of the panel chairperson, including per diem fees, if any, and actual and necessary travel and subsistence expenses shall be borne equally by the district and the exclusively recognized employee organization. Any other mutually incurred costs shall also be borne equally by the parties. Any separately incurred costs for the panel member selected by each party shall be borne by that party.
(Res. 3046 § 20, 2018)
After any applicable mediation and fact finding procedures have been exhausted, but no earlier than 10 days after the fact finders' written findings of fact and recommended terms of settlement have been submitted to the parties, if any, the board of directors may, after holding a public hearing regarding the impasse, implement its last, best, and final offer, but shall not implement a memorandum of understanding.
The unilateral implementation of the district's last, best, and final offer shall not deprive a formally recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the district of its annual budget, or as otherwise required by law.
(Res. 3046 § 21, 2018)
A.
Definition of a Grievance. A "grievance" is any dispute concerning the interpretation or application of this chapter (but excluding those matters for which an appeal is provided pursuant to WMWDC § 2.20.130), or of rules or regulations governing personnel practices or working conditions, or of the practical consequences of a district rights' decision on wages, hours and other terms and conditions of employment. This section is not applicable as it relates to disciplinary procedures to executive managers hired or promoted into the classifications set forth below on or after June 15, 2016, as they are at-will employees.
The affected classifications are as follows:
1.
Deputy general manager;
2.
Assistant general manager;
3.
Director of administration;
4.
Director of community affairs;
5.
Director of engineering;
6.
Director of finance;
7.
Director of human resources;
8.
Director of operations;
9.
Director of water resources;
10.
Deputy director of operations;
11.
Deputy director of water resources.
All incumbents hired or promoted into these classifications after June 15, 2016, are at-will and serve at the pleasure of the general manager and may be released from district service at any time with or without cause.
The list may be amended to include additional classifications upon the mutual agreement of the general manager and the affected employee.
B.
Time Limits. All grievances must be presented within seven calendar days from the date the event occurs which gives rise to the grievance. Failure to file a grievance within this time period shall constitute a waiver of the right to file a grievance. Grievances that are not appealed within the time limits specified in this rule shall be considered as settled on the basis of the decision last given. Appeals or grievances regarding terminations, demotions or unpaid suspensions of five days or more shall skip steps l through 3 and proceed immediately to the fourth step. (Unpaid suspensions of less than five days are not subject to the grievance procedure, but employees will be provided a "Skelly hearing" before, during or within seven calendar days following the suspension.) All grievances or appeals, regardless of which step, must be presented to the appropriate recipient before the close of business on the last day as provided by the appropriate time limit.
C.
First Step. The employee, or the employee organization, having the grievance will have a verbal discussion with the employee's immediate supervisor. The parties shall make an attempt to settle the grievance.
D.
Second Step. If the grievance is not settled on the basis of the first step discussion, then, within five regularly scheduled work days from the first step discussion the employee or employee organization having the grievance must appeal verbally to the next higher supervisory level, if such level exists without proceeding to the district employee relations officer level. The parties shall make an attempt to settle the grievance. If no such next higher supervisory level exists, the parties may dispense with this step.
E.
Third Step. If the grievance is not settled on the basis of the second step discussion or on the basis of the first step discussion where the second step is dispensed with as is specifically provided for therein, then within seven calendar days of the date of such discussion, the grievance shall be reduced to writing and submitted to the district employee relations officer. The written grievance shall indicate the facts on which the grievance is based, shall set forth facts sufficient to indicate compliance with the first and second steps, where applicable, and shall be signed by the employee or a representative of the employee organization prosecuting the grievance. Within seven calendar days from the date the grievance is personally received by the district employee relations officer, he or she shall meet with the employee having the grievance and a member of that employee's employee organization, or in the case of a grievance filed by an employee organization with a representative of that organization, to discuss the grievance. The district employee relations officer shall give a written answer to the grievance within seven calendar days from the date of the third step meeting.
F.
Fourth Step. If the grievance is not settled on the basis of the district's third step answer, then within 10 calendar days of the date of such discussion, or in the case of terminations, demotions or unpaid suspensions of five days or more, within 10 calendar days from the date of the notice of such adverse action, the employee or employee organization prosecuting the grievance, or the employee subject to a termination, demotion or suspension, may appeal the grievance or adverse action to the board of directors of the district by written notice to the board. The board shall, at its next regularly scheduled meeting after receipt of the written notice, set the matter for hearing before the full board, nominate one of its members to arbitrate the grievance, or order any other reasonable dispute resolution procedure. The decision reached by the procedure established by the full board shall be in writing and within the scope of the issues submitted; it shall be final and binding on the district (except as provided for below), the employee organization and the employee(s) involved. Decisions by less than the full board will only be advisory to the board.
(Res. 3046 § 22, 2018)
When the meeting and conferring process is concluded between the district and a formally recognized employee organization representing a majority of the employees in an appropriate unit, all agreed upon matters shall be incorporated in a written memorandum of understanding signed by the duly authorized district and exclusive representatives.
As to those matters within the authority of the board of directors of the district, the memorandum of understanding shall be submitted to said board of directors for approval.
(Res. 3046 § 23, 2018)
The formally recognized employee organization may select not more than two employee members of such organization to attend scheduled meetings with the district employee relations officer or other management officials on subjects within the scope of representation during regular work hours, without loss of compensation. Where circumstances warrant, the district employee relations officer may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the district employee relations officer at least two working days in advance of such meetings; provided further:
A.
That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized district management official.
B.
That any such meeting is subject to scheduling by district management in a manner consistent with operating needs and work schedules.
Nothing provided herein, however, shall limit or restrict district management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances.
(Res. 3046 § 24, 2018)
Reasonable access to employee work locations shall be granted to officers of recognized employee organizations and their officially designated representatives, for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the supervisor or the district employee relations officer. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours.
(Res. 3046 § 25, 2018)
Recognized employee organizations may use portions of district bulletin boards under the following conditions:
A.
All materials must be approved by the district employee relations officer prior to posting.
B.
All materials must be dated and must identify the organization that published them.
C.
The actual posting of materials will be done by the district as soon as possible after they have been approved. Unless special arrangements are made, materials posted will be removed 31 days after the publication date. Materials which the district employee relations officer considers objectionable will not be posted.
D.
The district reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allocated to employee organizations' materials.
E.
An employee organization that does not abide by these rules will forfeit its right to have materials posted on district bulletin boards.
(Res. 3046 § 26, 2018)
The district will make available to employee organizations such nonconfidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Sections 6250 through 6260.
Such information shall be made available during regular office hours in accordance with the district's rules and procedures for making public records available and after payment of reasonable costs, where applicable.
Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source.
Nothing in this rule shall be construed to require disclosure of records that are:
A.
Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles;
B.
Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record;
C.
Records pertaining to pending litigations to which the district is a party, or to claims or appeals which have not been settled;
D.
Nothing in this rule shall be construed as requiring the district to do research for an inquirer or to do programming or assemble data in a manner other than usually done by the agency.
(Res. 3046 § 27, 2018)
Only a formally recognized employee organization (i.e., the majority exclusive representatives of employees in an appropriate unit) may be granted permission by the district employee relations officer to have the regular dues of its members deducted from their paychecks in accordance with procedures prescribed by the district employee relations officer and applicable law; provided, however, this shall not preclude the continuation of dues check-off heretofore granted to any employee organization.
Dues deduction shall be for a specified amount and shall be made only upon the voluntary written authorization of the member. Dues deduction authorization may be cancelled and the dues check-off payroll discontinued by the member upon voluntary written notice to the employee organization, who shall then notify the district employee relations officer. Employee payroll deduction authorizations shall be in uniform amounts for dues deductions.
The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues check-off authorized. When a member in good standing of the formally recognized employee organization is in a nonpay status for an entire pay period, no dues withholding will be made to cover that pay period from future earnings nor will the member deposit the amount with the district which would have been withheld if the member had been in a pay status during that period. In the case of an employee who is in a nonpay status during only a part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made.
In this connection, all other legal and required deductions have priority over employee organization dues.
Dues withheld by the district shall be transmitted to the officer designated in writing by the employee organization as the person authorized to receive such funds, at the address specified.
All employee organizations who receive dues check-off shall indemnify, defend, and hold the district harmless against any claims made and against any suit instituted against the district on account of check-off of employee organization dues. In addition, all such employee organizations shall refund to the district any amounts paid to it in error upon presentation of supporting evidence.
(Res. 3046 § 28, 2018)
A.
Nothing in this chapter shall be construed to deny any person, employee, organization, the district or any authorized officer, body or other representative of the district the rights granted by federal and state laws.
B.
The rights, powers and authority of the board of directors of the district in all matters, including the right to maintain any legal action, shall not be modified or restricted by this chapter.
(Res. 3046 § 30, 2018)
If any provision of this chapter, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
(Res. 3046 § 31, 2018)