The purpose of this chapter is to implement Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "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.
(Ord. 300 §1, 1989)
As used in this chapter, the following terms shall have the meanings indicated:
"Appropriate unit"
means a unit established pursuant to Section 3.20.100 of this chapter.
"Board of directors"
means the board of directors of Marin Municipal Water District, a public corporation.
"Consult or consultation in good faith"
means to communicate verbally or in writing for the purpose of presenting and obtaining views or advising of intended actions.
"District"
means the Marin Municipal Water District, a public corporation, and where appropriate herein, "district" refers to the board of directors of the Marin Municipal Water District, the governing body of the district, or any duly authorized management employee as herein defined.
"Employee"
means any person regularly employed by the district, except those persons elected by popular vote.
"Employee, confidential"
means an employee who is privy to decisions of district management affecting employer-employee relations.
"Employee, management"
means:
(A) 
Any employee having significant responsibilities for formulation and administering district policies and programs, including but not limited to the general manager and department heads; and
(B) 
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 being not of a merely routine or clerical nature, but requiring the use of independent judgment.
"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, engineers, architects, and various types of physical, chemical and biological scientists.
"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.
"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.
"Grievance"
means the definition in Section 3.20.140(a).
"Impasse"
means:
(A) 
A deadlock in the annual (or periodic) discussions between a majority 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
(B) 
Any unresolved complaint by an affected employee organization, advanced in good faith, concerning a decision of the municipal employee relations officer made pursuant to Section 3.20.090, 3.20.100 or 3.20.110.
"Majority representative"
means an employee organization, or its duly authorized representative, that has been granted formal recognition by the municipal employee relations officer as representing the majority of employees in an appropriate unit.
"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.
"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 and duly authorized representatives of an employee organization recognized as the majority 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:
(A) 
Reach agreement on those matters within the authority of such representatives; and
(B) 
Reach agreement on what will be recommended to the board of directors on those matters within the decision making authority of the board of directors. This does not require either party to agree to a proposal or to make a concession.
"Municipal employee relations officer"
means the district's principal representative in all matters of employer-employee relations designated pursuant to Section 3.20.120, or his duly authorized representative.
"Chapter"
means, unless the context indicates otherwise, Chapter 3.20 of the Marin Municipal Water District Code, titled "Employer-Employee Relations."
"Peace officer"
means as this term is defined in Section 830, California Penal Code.
"Recognized employee organizations"
means an employee organization which has been acknowledged by the municipal employee relations officer as an employee organization that represents employees of the district. The rights accompanying recognition are either:
(A) 
Formal recognition, which is the right to meet and confer in good faith by all recognized employee organizations; or
(B) 
Informal recognition, which is the right to consultation in good faith by all recognized employee organizations.
"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 (Section 3.20.050) are excluded from the scope of representation.
(Ord. 300 §1, 1989)
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 exercise of these rights.
(Ord. 300 §1, 1989)
Employees of the district classified on a part-time or hourly basis are not eligible for group life insurance benefits, dental benefits, medical insurance benefits, long-term disability insurance benefits, vision care benefits, retiree medical and dental benefits, sick leave or any of the benefits associated therewith, holiday pay, administrative leave, special leave for jury service or subpoenaed appearances, vacations with pay or any other benefits associated therewith, military leave of absence or holidays with pay.
(Ord. 300 §1, 1989)
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 the organization and technology of performing its work.
(Ord. 300 §1, 1989)
(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, nor shall it be required to meet and confer in good faith on employee or district rights as defined in Sections 3.20.030 and 3.20.050. Proposed amendments to this chapter are excluded from the scope of meeting and conferring.
(Ord. 300 §1, 1989)
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.
(Ord. 300 §1, 1989)
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, or by any board or commission of district, and each shall be given the opportunity to meet with such body prior to adoption.
In cases of emergency when the district or any board or commission of district determine 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 district shall provide notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.
(Ord. 300 §1, 1989)
There are two levels of employee organization recognition, formal and informal. The recognition requirements of each are set forth below.
(1) 
Formal Recognition—The right to meet and confer in good faith as majority representative: An employee organization that seeks formal recognition for purposes of meeting and conferring in good faith as the majority representative of employees in an appropriate unit shall file a petition with the municipal employee relations officer containing the following information and documentation:
(A) 
Name and address of the employee organization;
(B) 
Names and titles of its officers;
(C) 
Names of employee organization representatives who are authorized to speak on behalf of its members;
(D) 
A statement that the employee organization has, as one of its primary purposes, representing employees in their employment relations with the district;
(E) 
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;
(F) 
Certified copies of the employee organization's constitution and by laws;
(G) 
A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose;
(H) 
A statement that the employee organization recognizes that the provisions of Section 923 of the California Labor Code are not applicable to district employees;
(I) 
A statement that the employee organization has no restriction on membership based on race, color, creed, sex or national origin;
(J) 
The job classifications or titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein;
(K) 
A statement that the employee organization has in its possession written proof, dated within six months 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 municipal employee relations officers or to a mutually agreed upon disinterested third party;
(L) 
A request that the municipal employee relations officer recognize the employee organization as the majority 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.
(2) 
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 municipal employee relations officer containing the following information and documentation:
(A) 
All of the information enumerated in subdivisions (A) through (I) of subsection (1) of this section inclusive;
(B) 
A statement that the employee organization has in its possession written proof, dated within six months 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 municipal employee relations officer or to a mutually agreed upon disinterested third party;
(C) 
A request that the municipal employee relations officer recognize the employee organization for the purpose of consultation in good faith.
(3) 
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.
(4) 
The municipal employee relations officer shall grant recognition, in writing, to all employee organizations who have complied with subsection (1) or (2) and (3) of this section for purposes of consultation in good faith for its members. Employee organizations seeking formal recognition as majority representative must, in addition, satisfy the requirements of Section 3.20.110(a)(1). No employee may be represented by more than one recognized employee organization for the purposes of this chapter.
(Ord. 300 §1, 1989)
(a) 
The municipal employee relations officer, after reviewing the petition filed by an employee organization seeking formal recognition as majority 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.
(2) 
The history of employee relations:
(A) 
In the unit;
(B) 
Among other employees of the district; and
(C) 
In similar public employment.
(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.
(Ord. 300 §1, 1989)
A petition for modification of a unit and/or decertification may be filed with the municipal employee relations officer no sooner than one year after the unit's certification but no later than one hundred fifty days prior to the expiration or renewal date of a collective bargaining agreement between the certified organization and the district. A petition may be filed by:
(1) 
the certified employee organization as a disavowal of interest;
(2) 
another employee organization provided the petition is accompanied by authorization cards signed by at least thirty percent of all employees in the (proposed) unit;
(3) 
any group of employees consisting of at least ten percent of all employees in the unit; or
(4) 
the general manager for reasons related to substantial changes in district functions, organizational structure or job classifications.
Any petition filed pursuant to this section shall conform to the requirements of Section 3.20.090(1) if the petitioner is an employee organization other than one presently certified. The municipal employee relations officer shall determine whether a proposed modification or decertification is appropriate by applying the criteria set forth in Section 3.20.100.
(Ord. 378 §1, 1997)
(a) 
The municipal employee relations officer shall:
(1) 
Determine the majority representative of district employees in an appropriate unit by arranging for a secret ballot election or by any other reasonable method which is based upon written proof, and is designed to ascertain the free choice of a majority of such employees. The employee organization found to represent a majority of the employees in an appropriate unit shall be granted formal recognition and is the only employee organization entitled to meet and confer in good faith on matters within the scope of representation for employees in such unit. This shall not preclude other recognized employee organizations, or individual employees, from consulting with management representatives on employer-employee relations matters of concern to them;
(2) 
Revoke the recognition rights of a majority representative which has been found by secret ballot election no longer to be the majority representative.
(b) 
The recognition rights of the majority representative designated in accordance with this section shall not be subject to challenge for a period of twelve months following the date of such recognition.
(Ord. 300 §1, 1989)
The board of directors shall designate, by resolution or ordinance, a municipal 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 municipal employee relations officer so designated is authorized to delegate these duties and responsibilities.
(Ord. 300 §1, 1989)
(a) 
Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted.
(b) 
The impasse procedures are as follows;
(1) 
Mediation or conciliation (defined in subsection (14) of Section 3.20.020). All mediation proceedings shall be private. The mediator shall make no public recommendation nor taken any public position concerning the issues;
(2) 
A determination by the board of directors after a hearing on the merits of the dispute;
(3) 
Any other dispute resolving procedures to which the parties mutually agree or which the board of directors may order.
(c) 
Any party may initiate the impasse procedure by filing with the other party (or parties) affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled by the municipal employee relations officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold:
(1) 
To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues; and
(2) 
If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute shall be submitted; in the absence of agreement between the parties on this point, the matter shall be referred to the board of directors.
(d) 
The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable one-half by the district and one-half by the employee organization or employee organizations.
(Ord. 300 §1, 1989)
(a) 
A grievance is a dispute which involves the interpretation or application of any provision of any memorandum of understanding which may be in effect from time to time between the district and a formally recognized employee organization representing a majority of the employees in an appropriate unit.
(b) 
Grievances shall be processed in accordance with the procedures set forth in the memorandum of understanding between the district and the formally recognized employee organization representing the majority of employees in the unit of which the grievant is a member.
(Ord. 300 §1, 1989)
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 majority representatives.
As to those matters within the authority of the board of directors, the memorandum of understanding shall be submitted to the board of directors for determination.
(Ord. 300 §1, 1989)
The board of directors may adopt such rules and regulations necessary or convenient to implement the provisions of this chapter and Chapter 10, Division 4, Title 1 of the Government Code of the State of California.
(Ord. 300 §1, 1989)
(a) 
Nothing in this chapter shall be construed to deny any person or employee the rights granted by federal and state laws.
(b) 
The rights, powers and authority of the board of directors in all matters, including the right to maintain any legal action, shall not be modified or restricted by this chapter.
(c) 
Nothing contained in this chapter shall abrogate any written agreement between any employee organization and the district in effect on the effective date of this chapter. All such agreements shall continue in effect for the duration of the term specified therein unless modified or rescinded by mutual agreement of the parties thereto.
(d) 
Any employee organization granted recognition prior to September 10, 1969, shall continue to be so recognized until such recognition is changed in accordance with Sections 3.20.090, 3.20.100 and 3.20.110 hereof.
(e) 
The provisions of this chapter are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the state of California.
(Ord. 300 §1, 1989)