2.25.090 Employee organization rights.
A. Status as Exclusive Recognized Representative. An employee organization shall be certified or recognized as the exclusive recognized employee organization, pursuant to the provisions of CVWDC 2.25.060. An exclusive recognized employee organization must represent all employees within the bargaining unit to which it has been certified, regardless of unit members’ membership status in the employee organization.
B. Bargaining Rights. An exclusive recognized employee organization shall have the right to meet and confer in good faith with authorized representatives of the district. The district is under no obligation to meet and confer with any employee organization, unless it has been certified and/or recognized as an exclusive recognized employee organization. If an employee organization is decertified pursuant to CVWDC 2.25.060(B), the district is under no obligation to meet and confer with such organization.
An exclusive recognized employee organization shall have the right to represent their members in their general employment relations with the district. Employee organizations may establish reasonable restrictions regarding who may join and may make reasonable provisions for dismissal of individuals from membership.
C. Time Off for Employee’s Appearance for Employee Organization. The exclusive recognized employee organization may select not more than two employee members of such organization to serve as representatives, and to attend scheduled meetings during regular work hours with the district employee relations officer or other district representatives on matters within the scope of representation. The district shall grant reasonable time off for these scheduled meetings during regular work hours, without loss of compensation or other benefits.
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. The employee organization and/or employee representatives must comply with the following requirements:
1. No employee representative shall leave his or her duty, work station, or assignment without the specific approval of the department head or other authorized district management official.
2. Any scheduled meeting shall be scheduled by district management in a manner consistent with operating needs and work schedules. Nothing provided herein shall limit or restrict district management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances.
D. Access to Work Locations. Reasonable access to employee work locations shall be granted to recognized employee organizations or officers, whether they are employee members or non-employee representatives, for the purpose of processing grievances or contacting members of the employee organization about business within the scope of representation. Such representatives or officers shall not enter any work location without the prior consent of the relevant department head or the district employee relations officer. Access shall be restricted so as not to interfere with the normal operations of the relevant department, or with established safety and/or security requirements.
Solicitation of membership, as well as activities concerned with the internal management of an employee organization such as collecting dues, holding membership meetings, campaigning for office, conducting employee organization elections, and distributing literature, will not be permitted during work hours.
E. 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 nonwork hours for meetings of employees, provided space is available and such meetings are not used for organizational activities or membership drives. Employee organizations shall submit all such requests in writing, stating the purpose(s) of the meeting. A copy of the agency shall be provided to the district employee relations officer as soon as it is available, but in no event less than 24 hours prior to such meeting.
The use of district equipment, other than items normally used in the conduct of such meetings such as desks, chairs, and blackboards, is strictly prohibited, the presence of such equipment in approved district facilities notwithstanding.
F. Use of District Bulletin Boards. Exclusive recognized employee organizations may use portions of district bulletin boards, subject to the following conditions:
1. All materials must receive the prior approval of the department, or division head in charge of the departmental bulletin board.
2. All materials must be dated and identify the organization that published them.
3. 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, posted materials will be removed 31 days after the publication date. Materials which the department head considers objectionable will not be posted. However, the department head shall first discuss the denial of submitted materials, deemed objectionable, with the district general manager.
4. The district reserves the right to determine where bulletin boards shall be placed, and what portion of these boards are to be allocated to recognized employee organization materials.
5. An employee organization that does not abide by these rules will forfeit its right to have materials posted on district bulletin boards.
G. Availability of District Data. The district will make available to employee organizations such nonconfidential information, pertaining to employment relations with the employee organization, as is contained in the public records of the district. Such nonconfidential 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 when applicable. Such nonconfidential information includes regularly published data covering subjects under discussion or collective bargaining. If data is collected subject to a promise to keep its source confidential, such information may be made available in statistical summaries but shall not disclose its source.
Nothing in this rule shall be construed to require disclosure of:
1. Any records or information where the public interest served by not making the information available, or the privacy interests of third parties clearly outweighs the public interest served by disclosure or the employee organization’s stated need for the record or information.
2. Personnel, medical, or similar files, as disclosure of such records or information would constitute an unwarranted invasion of a third party’s privacy.
3. Records or information pertaining to pending or imminent litigation, as well as claims and/or appeals which have not been settled, to which the district is a party.
This right is subject to the limitations set forth in this section and Cal. Gov’t Code §§ 6250 through 6260. This right shall not be construed to require the district to do research for an inquirer, to program, or to otherwise assemble data in a manner other than is usually done by the district. (Ord. 1270.1 § 9, 2017)