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Resolution No. 1462 • RESOLUTION NO. 1462 A RESOLUTION OF THE BOARD OF DIRECTORS OF SOUTH TAHOE PUBLIC UTILITY FORMALLY RECOGNIZING THE SOUTH TAHOE PUBLIC UTILITY DISTRICT EMPLOYEES ASSOCIATION AND SETTING FORTH DISTRICT RULES AND REGULATIONS FOR SUCH RECOGNITION. BE IT RESOLVED, by the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT, County of El Dorado, State of California, as follows: 1. That the Rules and Regulations for EMPLOYER- Elv1PLOYEE RELATIONS RESOLUTION are as set forth in EXHIBIT "A" attached hereto and made a part hereof. PASSED AND ADOPTED at a regular meeting of the Board of Directors of SOUTH TAHOE PUBLIC UTILITY DISTRICT on the 6th day of August, 1970, by the following vote: AYES: Directors: Fesler, Ream, Hegarty, Wakeman NOES: None ABSENT: Director: Kortes ROBERT W. FESLER, President of the Board, SOUTH TAHOE PUBLIC UTILITY DISTRICT ATTEST: DAVID W. CALLAHAN, Clerk and ef- Secretary of the Board, SOUTH TAHOE PUBLIC UTILITY DISTRICT rriiployee Peloti Officer shell determine whether: • • k ir m P1OYER--1; PLOW E RELATIONS RESOLUTION SECTION 1. STATEMENT OF PURPOSE The purpose of these Rules and Regulations is to implement the EMPLOYER- - EMPLOYEE RELATIONS RESOLUTION for the SOUTH TAHOE PUBLIC UTILITY DISTRICT, (hereinafter referred to as the "Resolution "), and also Chapter 10, Division 4, Title 1 of the Government Code of the State of California (sections 3500 et seq.) . SECTION 2. DEFINITIONS (A) The terms used in these Rules and Regulations, which are defined in Section 3 of the Resolution, shall have the same meaning as set forth therein. (B) DAYS - means "calendar days" unless otherwise stated. SECTION 3. RULE 1 - REPRESENTATION PROCEEDINGS (A) FORMAL RECOGNITION AS THE MAJORITY REPRESENTATIVE IN AN APPROPRIATE UNIT (1) An employee organization that seeks formal recognition as the majority representative in an appropriate unit shall file a petition for Recognition with the District Employee Relations Orftcer containing all of the' information set forth in Section 9 (A) of the Resolution, accompanied by written proof that at least 30% 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. Upon receipt of the Petition for Recognition, the District e=mployee Rn'ati.ons Officer shall determine whether: • thy (1) there has been compliance with the requirements of the Peti.ti_on for Recognition, and • (ii) the prop')sed unit is an appropriate unit 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) If the written proof submitted by the employee organ- ization in the unit found to be appropriate establishes that it represents more than 50% of the employees in such unit, kir the District Employee Relations Officer may, in his discretion, grant formal recognition to such employee organization with- out a secret ballot election. (3) When an employee organization in the unit found to be appropriate submits written proof that it represents at least 30% of the employees in such unit, and it does not qualify for or has not been granted recognition pursuant to Sub - Section 2 above , the District Employee Relations Officer shall arrange for a secret ballot election to be conducted by the District Clerk (or such other method normally used by the District to conduct an election), the California State Con - ciliation Service, the American Arbitration Association, or some agreed upon third party. All challenging organizations who have submitted writte proof that they represent at 'east 10% of the employees in the unit found to be appropriate, and have submitted a Petition for Recognition as required by Section 9 of the Resolution, shall be included on the ballot. -2- The choice of "rio organization" shall also be included on the ballot. l t ,d to such 1 shall. , those Piiiiii0yc.:is entitled vote in such e election shall. )Je.�. ui��Se persons regularly oniplcyod 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, va -ation or authorized leaves of Absence and who are employe-' 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 run -off election if: (i) 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% plus 1 of the votes of all eligible employees) , or (ii) at least 6b% of the total number of emplyees in the unit eligible to vote have voted in the election or run -off election, and an employee organization receives a numerical majority of all votes cast in the election (i.e., 50% of the votes cast plus 1) . (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.) (iii) in an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run -off election shall be conducted • between the two choices receiving the largest number of • valid votes cast. The rules governing an initial election shall also apply to a run -off election. (4) There shall be no more than one valid eloct.ion in a 12 month period within the same unit. (8) DECERTIFICATION OP ESTAL IS1_ ILD UNIT (1) A petition for Decertification alleging that an employee organization granted formal recognition is no longer the majority representative of the employees in an appropriate unit may be filed with the District Employee Relations Officer only during the months of October. or November, of each year following the first full year of formal recognition (e.g. , for an employee organizationg formal recognition between December 1, 1968, and September 30, 1969, a Petition for Decertification could not be filed until October, 1970.) The ilw Petition for. Decertification may he 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: (1) The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. k lbe (ii) The name of the formally recognized employee organization. (iii) 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. (iv) Written proof that at least 30% 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 six: months 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 arr=ange 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 kire 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 Section 9 (A) of the Resolution, 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% 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 employees 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 Mo: if.ication, at which time all a:fected employee organization., 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 L ir the appropriate unit, then he shall follow the procedures set forth in Sect :on 3 (A) for determining for1L-1 recognit;.,.i rights in such unit. -5- k ire (D) DURATION OF FORMAL, RECOGNITION When an employee organization has been formally recognized, such recognition shall remain in effect for one year 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 Sub --- Section (C) . (E) COST OP ELECTION PROCEEDINGS The cost of any election proceeding shall be borne by the employee organization or organizations whose name (s) appear on the ballot. (P) IMPASSES 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 Sub - Sections (A) , (B) , (C), or (D) above shall be processed in accordance with the procedures set forth in Section 13 of the Resolution. Provided , however, the written request for an impasse meeting, as described in Section 13 of the Resolution, must be filed with the District Employee Relations Officer, or the District Clerk, within 7 days after the affected employee organization first receives notice of the ihrie decision upon which its complaint is based, or its complaint will be considered closed and not subject to the impasse procedures or to any other appeal. SECTION 4. RULE 2 - DUES CIIECK -OFF Only a formally recognized employee organization (i.e. , the majority • . representatives of einplolees in an appropriate iinit) 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. - --- 01T,,, ion of cIiin check-off heretofore granted to any employee organization. Dues deduction shill 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 at any time by the member upon voluntary written notice to the District Employee Relations Officer. Dues deduction authorization or cancellation shall be made upon cards provided by the District Employee Relations Officer. Dues deduction may be continued only upon voluntary written authorization of the member for a period of time not to exceed one year. 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 South Tahoe Public Utility District harmless against any claims made and against any suit instituted against the South Tahoe Public Utility District, on account: of check - -off of employee organization dues. In addition, all such employee organizations shall refund to the South Tahoe PuIdle Utility District any amounts paid to it in error upon presentation of supporting evidence. SU(. DIMS AU'I kiOMATtON FROVLS1ON I hereby authorize ancl direct the District Employee Relations Officer of the South Tahoe Public Utility District to make a payroll deduction from my earnings, once each month, for my formally recognized employee or- ganization dues in the amount of $1.00, the same to be paid to the (name of formally recognized employee organization) . This authorization may be cancelled and the payroll deduction discontinued at any time upon written notice to the District Employee Relations Officer. Authorization for this payroll deduction will. expire _(date_) . (Renewal for one year of authorization to deduct dues may be made during month preceding ex- piration of current authorization.) First deduction to be made on the payroll for the payroll period ending (date) Effective Date __. Signature of Employee SECTION 5. RULE 3 - REASONABLE TIME OFF TO MEET AND CONFER The formally recognized employee organization may select not more than four 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 without loss of k ir compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the District Employee Relations Officer at least two worki.:g days in advance of such meetings. Provided, further: (1) 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. (2) That any such meeting is subject to scheduling by District manayeinent in a manner consistent with operating needs and work schedules. k ire Nothing provided herein, however, shall. limit or restrict the District management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances. SECTION 6. RULE 4 - ACCESS TO WORT< LOCATIONS Reasonable access to employee work locations shall be granted 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 Department Head 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, sha.11 not be conducted during working hours. SECTION 7. RUDE 5 - USE OF DISTRICT FACILITIES Employee organizations may, with the prior approval of the District Employee Relations Officer, be granted the use of District facilities during non -work hours for meetings of District employees provided space is available, and provided further such meetings are not used for organizational activities or merbership drives of District employees. All such requests shall be in writing and shall state the purpose or purposes of the meeting. A copy of the meeting agenda shall be furnished to the District Employee Relations Officer as soon as it is available, but in no event less than 24 hours prior to such meal ing, The District re serves the right to assess reasonable charges for the use of such facilities. The use of District equipment other than items normally used in the conduct of business meetings, sUcir as desks, chairs, ashtrays, and • blackboards, is strictly prohibited, the i :wosenco of such equipment in approved District facilities notwithstanding. SECTION 8. RULl-;6 ! USE OF BULLETIN BOARDS Recognized employee organizations may use portions of District bulletin boards under the following conditions: (1) All materials must receive the approval of the department or division head in charge of the departmental bulletin board. (2) All materials must be dated and must identify the organization that published them. (3) The actual posting of materials will. be done by District as t hw 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 department head considers objectionable will not he posted, provided, however, the department head shall first discuss this denial with the chief executive officer. (4) 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' material. (5) An employee organization that does not abide by these rules will forfeit its right to have materials posted on the District bulletin boards. SECTION 9. 'ROTE 7 - AVAILABILITY OF DATA The District will make available to employee organizations such non - confidential 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-- - 6260. Such information shall be made available during regular office hours in accordance withthe District's rules and procedures for malting public -10- i hry records available and after payment of reasonable costs, vvhero ap 1)]LC;a }jlC, Information which shall be made available to employee organizations includes regularly published data covering subjects under discus�,ioiz. Data Collected on a promise to keep its source, confidential nlay 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 aro: • (1) Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles; (2) 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; (3) Records pertaining to pending litigations to which. the District is a party, or to claims or appeals which have not been settled; (4) 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. SECTION 10. RULE 8 - PEACEFUL PERFORMANCE OF DISTRICT SERVICES Participation by any employee in a strike c_ work stoppage is unlawful and shall subject the employee to disciplinary action, up to and including discharge. No employee organization, its representatives, or members shall engage in, cause, instigate, encourage, or condone a strike or work stoppage of any kind. • -11- • k ibre If a recognized employee organization, its representatives, or members engage in, Cause, Instigate, encourage, or condone a strike or a work stoppage of any kind, in addition to any other lawful remedies or disciplinary aoLi.ons, the District Employee Relations Officer may suspend or revoke the recognition granted to such employee organization, may suspend or cancel any or all payroll deductions payable to such organiza- tion, and prohibit the use of bulletin boards, prohibit the use of District facilities, and prohibit access to former work or duty stations by such organization. As used in this Section "strike or work stoppage" means the concerted failure to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment. Any decision of the District Employee Relations Officer made under the provisions of this Section may be appealed to the District Board of Director by filing a written Notice of Appeal with the District Employee Relations Officer or the District Clerk, accompanied by a complete statement setting forth all of the grounds upon which the appeal is based. Such Notice of Appeal must be filed within 7 days after the affected employee organization first receives notice of the decision upon which its complaint i iisv is based, or its complaint will be considered closed and not subject to any other appeal. • -12- 9 1 • A + I hereby certify that the foregoing is a full, true and correct copy of a Resolution duly and regularly adopted by the Board of Directors of the SOUTH TAHOE PUBLIC UTILITY DISTRICT, El Dorado County, California, at a meeting thereof duly held on the 6th day of August, 1970, by the following vote: AYES: Directors: Fesler, Hegarty, Ream, Wakeman NOES: None ABSENT: Director: Kortes DAVID W. CALLAHAN, Clerk and Ex Officio Secretary of the Board SOUTH TAHOE PUBLIC UTILITY DISTRICT