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HomeMy WebLinkAboutAGENDA BACKUP 02-03-94
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Central Contra Costa Sanitary lJistrict
BOARD OF DIRECTORS
PAGE 1 OF 1
POSITION PAPER BOARD MEETING oFFebruary 3, 1994
NO.
4. CONSENT CALENDAR a.
SUBJECT
DATE
\January 21, 1994
AUTHORIZE MEDICAL LEAVE WITHOUT PAY FOR
DENNIS ALMOND, MAINTENANCE CREW MEMBER II,
THROUGH APRIL 30, 1994
TYPE OF ACTION
PERSONNEL
SUBMITTED BY
INITIATING DEPT./DIV.
John A. Larson
i n
ISSUE: Board authorization is required for Leave Without Pay in excess of 30 days.
BACKGROUND: Dennis Almond, Maintenance Crew Member II, has been off work since April 22,
1993, due to a non-industrial injury. Mr. Almond was granted continuing Medical Leave Without
Pay by the Board at its August 23, 1993, meeting. Mr. Almond needs additional time, through
April 30, 1994, in order to resolve his situation.
RECOMMENDATION: Authorize Medical Leave Without Pay for Dennis Almond, Maintenance
Crew Member II, through April 30, 1994.
REVIEWED AND RECOMMENDED FOR BOARD ACTION
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CRF
Central Contra Costa Sanitary District
BOARD OF DIRECTORS
PAGE 1
OF 13
BOARD MEETING OF
February 3, 1994
NO.
6. PERSONNEL a.
SUBJECT
DATE
January 24, 1994
TYPE OF ACTION
ADOPT CHANGE IN REPRESENTATIONAL UNIT FOR
CHEMIST 1/11 CLASSIFICATION
PERSONNEL
SUBMITTED BY
Cathryn Radin Freitas, Personnel Officer
INITIATING DEPT.lDIV.
Administrative
ISSUE: In accordance with Chapter 4 of the District Code, modifications to representational units
must be authorized by Board resolution.
BACKGROUND: Pursuant to District Code Chapter 4.24.050, the District received a petition in
October, 1993, from the six District Chemist 1/II's. The petition requested removal of the
Chemist 1/11 classification from the General Employee Representation Group and inclusion in the
Management Support/Confidential Representation Group (MS/CG) (see Attachment A). In
accordance with the provisions of Chapter Four, Deputy General Manager Paul Morsen issued
his determination that the General Employee representation unit should be modified by deleting
the Chemists and adding them to the MS/CG (see Attachment B). The MS/CG stated by letter
that they had no objection to the requested modification (see Attachment C).
Following the Deputy General Manager's response to the petition, representatives of the General
Employee bargaining unit met and conferred with staff. As a result, Local One has decided to
"not interfere with their (the Chemists') request..." (see Attachment D).
Therefore, staff is recommending that the Board adopt the resolution (see Attachment E)
modifying the respective bargaining units by deleting the Chemist 1/11 classification from the
General Employee representation group and placing it in the MS/CG representation group. The
proposed effective date is May 1, 1994, the day after the expiration of the current Memoranda
of Understanding with both bargaining groups. By taking this action now, the Chemists will
know who is representing them in the coming M.O.U. negotiations.
RECOMMENDATION: Adopt the resolution modifying the MS/CG representation group p~rsuant
to the October, 1993 petition of the Chemist 1/II's, effective May 1, 1994.
RE~EWEDANDRECOMMENDEDFORBOARDAcnON
INITIATING DEPT.lDIV.
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1302A-7/91 CRF
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ATTACHMENT A
CENTRAL CONTRA COSTA SANITARY DISTRICT
mrn@rnnurnm
r~T 1 1993
C"-t'')
ADMINiH1i.w:C:I
October 1, 1993
TO:
Paul Morsen
Deputy General Manaqer
FROM:
Laboratory Chemists
SUBJECT:
Petition for Modification of Established
Representation units
Dear Mr. Morsen:
This is a petition for modification of Central Contra Costa
Sanitary District's (CCCSD) certified unions: Public Employees'
Union, Local No. 1 and the Management Support/Confidential
Representation Unit (the Mid-Management Group). As professional
employees of the District, we would like to exercise our option of
not being included in Local No. 1 with nonprofessional employees
as explained in Title 4, Part 5 of section 4.24.030; however, we
would like to be eligible to become members of the Mid-Management
Group.
In essence, chemists at CCCSD are a management support group. We
must "exercise technical supervision over subordinate laboratory
personnel" (i.e. co-op and summer students). In the absence of
the Senior Chemist and/or the Laboratory Superintendent, we must
be able to prepare the daily report, interpret data in order to
advise the necessary personnel, and remedy unexpected situations.
Also, we must have a Bachelor's Deqree or an equivalent education.
Therefore, we feel our occupational community of interest and
our job duties are more aligned with the Management Support/
Confidential Representation Unit rather than Local No.1.
(Page 1 of 2)
,
Given the above reasoning, we hope you will determine that the
Management support/Confidential Representation Unit and Local
No. 1 should be modified to reflect the changes needed in order
to establish more appropriate representation. We feel these
changes will have no effect on the operation of the District
but it will promote a more sound employer/employee relationship.
Thank you for your reply.
A. I i(~J ~Il~
arJ. Es a a
~t1Ul ~
Patrick Fisher
~h I\C /h J 9iu'NJdu7t?u!Jv
Susan Hasselwander
-+>e..cR.."o ~~~
Pedro Mendo .
r;; 7U1 ~(<..~A~
Tri~'yen
~oh,o.J [)~
lJ Jonalea Ostlund
cc: Wayne Miner
Al Cambron
(Page 2 of 2)
ATTACHMENT B
Central Contra Costa Sanitary District
December 3, 1993
TO: MARY LOU ESPARZA, CHEMIST II
PATRICK FISHER, CHEMIST II
SUSAN HASSELWANDER, CHEMIST II
PEDRO MENDOZA, CHEMIST II ~
TRI NGUYEN, CHEMIST II
JONALEA OSTLUND, CHEMIST II , .
FROM: PAUL MORSEN, DEPUTY GENERAL MANAGER ~
SUBJECT: DETERMINATION OF THE PETITION FROM THE DISTRICT'S
CHEMISTS TO BE REMOVED FROM THE EMPLOYEES'
ASSOCIATION, PUBLIC EMPLOYEES' LOCAL ONE BARGAINING UNIT
AND BE PLACED IN THE MANAGEMENT SUPPORT/CONFIDENTIAL
BARGAINING GROUP EFFECTIVE MAY 1, 1994
On October 19, 1993 I sent a letter to Public Employees', Local One Business Agent
Scott Wildman requesting his comments by October 29, 1993 regarding your petition
to join the Management Support/Confidential Group (MS/CG) bargaining unit. I
received a letter from him regarding this issue on November 10, 1993 stating that the
Chemists' request was inappropriate as Local One did not have any information leading
them to believe that the Chemists had a community of interest with the MS/CG. I
have considered this input along with the other criteria spelled out in Chapter Four of
the District Code. Also, I have received a letter dated October 26, 1993 from the
MS/CG President stating that while the MS/CG does not solicit additional members, if
a determination is made to include the Chemists in their bargaining group, they will be
welcome.
Pursuant to the District Code 4.24.050., Modification of established reoresentation
unit, the petition has been properly filed within the time lines established in the Code.
Moreover, twice the required number of signatures from the Chemists were obtained
on the petition (one-hundred percent of the Chemists are included in and have signed
the request). The petition describes the reasons for modifying the MS/CG bargaining
unit as follows:
1 . professional status;
1
2. exercise technical supervision over subordinate laboratory
personnel;
3. in absence of supervisor or superintendent, prepare daily reports,
interpret data and handle emergencies; and
4. possess a bachelors degree or equivalent.
The Code requires that I ascertain if the petition is based "only upon substantial
changes in District functions, organizational structure or job classification"
(4.24.050.B). After reviewing the history and current status of the laboratory and the
Chemist classification, I have concluded that major changes in laboratory functions and
the organizational structure have taken place. Consequently, it is appropriate for the
Chemists to be represented by the MS/CG commencing May 1, 1994, after the
expiration of the current Memorandum of Understanding.
In 1 981, when the MS/CG was first formed, the Laboratory had six employees in four
classifications: one Superintendent, one Senior Chemist, two Chemists and one
Laboratory Technician. Throughout the early 1980's the Laboratory Superintendent
hired additional Laboratory Technicians on either a full or part-time basis when extra
help with the work load in the Lab was needed. However, in the late 1980's, it
became apparent that the Laboratory Technician position could no longer be expected
to perform the new and complex analytical work required for the detection levels
mandated by more stringent regulatory standards. In contrast to the early 1980's
when test results were reported in parts per million, Chemists were required to report
test results regarding the identification and evaluation of elements in parts per billion
and in some cases, parts per trillion. As a result of the additional skills needed to
achieve these results, in 1989 the Laboratory Technician positions were eliminated and
degreed Chemist positions were created to replace the Laboratory Technician
classification (Attachment A, Historv of Laboratorv OraanizationL Today, the
Laboratory has eight employees in three classifications: one Superintendent, one
Senior Chemist, and six Chemists.
The professional knowledge and expertise required for Laboratory staff must be
emphasized. An integral part of the District's mission is to protect the health of
390,000 Central Contra Costa County residents and the water environment of Suisun
Bay. This means the District must meet the ever-changing, increasingly stringent
environmental standards imposed by the United States Environmental Protection
Agency (E.P.A.), and the State of California Water Resources Control Board and the
State Department of Health Services. In order to do so, the Laboratory staff must
possess a high degree of competence an.d training in operating a variety of computer
controlled instruments. These instruments include a Kratos MS25RFA Gas
Chromatograph/Mass Spectrometer with a Data General DG30 Minicomputer and 286
PC terminal; a Perkins-Elmer 51 OOC Atomic Absorption Spectrophotometer with an
AS60 Heated Graphite Analyzer and AS90 Autosampler (386 PC controlled); a Leeman
PS200 Flow Injection Cold Vapor Mercury Analyzer with an Autosampler and 386 PC; ~ -
2
and an Hitachi l6200 High Performance Liquid Chromatograph with an l400
Ultraviolet Detector, a F1050 Fluorescence Spectrophotometer and Dual 02500
Computer Integrators. This complex equipment did not exist in the Laboratory in the
early 1980's when the bargaining units were formed. It has become necessary for the
Chemists in the laboratory to utilize this complex equipment to monitor much lower
concentrations of metals, toxics and organics in order that the District to meet the
more stringent discharge standards.
Moreover, the Chemists must directly communicate with the E.P.A. and Department of
Health Services regarding the District's Quality Assurance/Quality Control Program and
laboratory certification program. On weekends the Chemists work independently to
generate the highly detailed analytical reports for the regulatory agencies. If the
District did not have qualified Chemists to conduct this work, the District would not be
a state-certified laboratory and the work would have to be sent to other laboratories at
much greater cost to the ratepayer. laboratories achieve state certification not only
based on their performance, but to the extent that they have adequate Quality
Assurance/Quality Control programs and meet all requirements for the professional
competence of their staffs.
Organizationally, the MS/CG represents most of the District's professional employees,
skilled craft supervisors, and several technical supervisors, as well as the confidentially
designated employees (Attachment 8, MS/CG Classifications). The group named itself
in 1981 based on its commonalty of purpose. A community of interest exists among
these classifications because of their supervisory, confidential and/or professional
responsibilities.
Legally, by definition, Chemists are considered professionals in at least three areas
related to employee relations:
1.) Section 709 (c) Title VII of the Civil Rights Act of 1964, as
amended. This section requires the reporting of individuals by category,
race and sex to the U.S. Equal Employment Opportunity Commission.
"Professionals" are defined as, "Occupations which require specialized
and theoretical knowledge which is usually acquired through college
training or through work experience and other training which provides
comparable knowledge."
2.) The Fair Labor Standards Act defines a professional employee as
engaging in work primarily requiring a prolonged course of specialized
intellectual instruction and study, generally characterized by the
attainment of an academic degree. The work must require the consistent
exercise of discretion and judgment. The work product must be
predominately intellectual and varied in character and cannot be
standardized in relation to a given time period.
3
The Department of Labor lists at (29 C.F.R.> Section 541-302
(e)(1) a number of professions which, generally speaking, meet the
requirement of a prolonged course of specialized intellectual instruction
and study, including various types of "physical, chemical and biological
sciences" .
3.) Most significantly, the Meyers-Milias-Brown Act, in the California
Government Code Section 3507.3 defines professional employees as
"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 the various types of physical,
chemical, and biological scientists" .
Clearly, each of these occupations is characterized by an advanced level
of education and training, exactly like that required of the District's
Chemist classification. As professionals, they should be represented by
MS/CG.
Given the substantial organizational changes of the Laboratory, the professional nature
of the Chemists' work, and the community of interest with the MS/CG, it is apparent
to me that the petition should be granted within the guidelines established by Chapter
Four of the District Code.
cc: R. Boylan
A. Cambron
D. Craig
C. Freitas
J. Lucey
J. Stallsmith
S. Wildman
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