HomeMy WebLinkAbout2011-06-21; City Council; Resolution 2011-1341 RESOLUTION NO.2011-134
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, RESOLVING THE IMPASSE
3 ON THE REMAINING DISPUTED ITEM AND ADOPTING
4 AND IMPLEMENTING CERTAIN TERMS AND
CONDITIONS FOR EMPLOYEES REPRESENTED BY THE
5 CARLSBAD CITY EMPLOYEES' ASSOCIATION
6 WHEREAS, the Carlsbad City Employees' Association (CCEA) is the exclusively
7 recognized employee organization representing miscellaneous employees under the
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City's Employer-Employee Relations Rules and Regulations; and
9 WHEREAS, the City and the CCEA have previously entered into a Memorandum
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of Understanding which took effect on January 1, 2008, and expired on December 31,
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2010; and
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WHEREAS, the City and the CCEA began meeting and conferring on November
14 8, 2010 in an effort to reach agreement on a Memorandum of Understanding and have
15 held nine additional subsequent meetings over the last seven months; and
16 WHEREAS, the parties have failed to reach an agreement and there is no
17 possibility of settlement by direct discussion between the City and CCEA and all
possibilities of settlement have been exhausted; and
19 WHEREAS, the City has initiated the impasse procedure by filing a written
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request for an impasse meeting together with a statement of its position on all disputed
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issues in negotiations; and
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WHEREAS, the City's written request for an impasse meeting was sent to both
24 the CCEA and the City Manager on May 6, 2011; and
25 WHEREAS, this impasse meeting was held on May 18, 2011 for the purpose of
26 reviewing the position of the City and the CCEA in a final effort to reach agreement on all
27 disputed issues; and
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1 WHEREAS, the parties have reached tentative agreement on the terms and
2 conditions of a successor MOU which will be presented for approval by the City Council as
3 part of a separate action; and
4 WHEREAS, the City and the CCEA were unable to reach agreement on changes
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to the City Rights provision (Article 8 of the current MOU); and
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WHEREAS, it was determined by the parties that additional meetings on the
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disputed City rights issue was unnecessary; and8
g WHEREAS, as agreed to by the parties, an impasse hearing with the City
10 Council will not be required and all of the impasse procedure requirements outlined in the
11 City's Employer-Employee Relations Rules and Regulations have been satisfied; and
12 WHEREAS, as a result of said negotiations and impasse procedures, the City
13 has developed and has made a last, best and final single year offer to the CCEA
14 regarding the City Rights provision; and
WHEREAS, as of June 7, 2011, the CCEA has rejected said final offer; and
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WHEREAS, the City and the CCEA have reached an impasse in their
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negotiations of an agreement covering said employees regarding the City Rights
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provision; and
20 WHEREAS, the City Council believes it is in the best interest of the City to
21 impose the City Rights provision; and
22 WHEREAS, the City Council possesses the power to resolve the impasse in
23 negotiations pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500
et. seq.) and Section IV of the City's Employer-Employee Relations Rules and
25 „Regulations; and
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1. That the above recitations are true and correct.
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2. That an impasse in negotiations regarding the City Rights provision exists
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between the City and the CCEA.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
3. That the City Council determines that the impasse in negotiations between
the City and the CCEA shall be resolved by adopting and implementing the City Rights
provision that constitutes the City's last, best and final single year offer in this area as set
forth in Exhibit 2, attached hereto and incorporated by reference herein.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 21st day of June 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
MATT HALL, Mayor'
ATTEST:
JLAf.it*,
(SEAL)
M. WOOD, City" Cflefk
%\/.
Exhibit 2
Articles City Rights
The rights of the City include, but are not limited to the exclusive right to determine mission of its
constituent departments, commissions, committees, and boards; set standards of service; determine
procedures and standards of selection for employment and promotions; direct its employees; take
disciplinary action; relieve its employees from duty because of lack of work or other legitimate reason;
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. After meeting and conferring over the
decision and the effects, the rights of the City include the ability to transfer employees among various
City activities and work groups; implement unpaid furloughs of employees; contract out bargaining
unit work to third parties or assign work to City employees outside the bargaining unit.