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HomeMy WebLinkAboutCarlsbad City Employees' Association; 2001-07-30;SIDE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND CARLSBAD CITY EMPLOYEES’ ASSOCIATION FOR AN‘AGENCY SHOP ARRANGEMENT This Side Agreement is entered into between the City of Carlsbad (“the City”) and the Carlsbad City Employees’ Association (“the Association”) for the purpose of creating an agency shop arrangement in accordance with California Government Code section 3502.5. 1 .O Covered Employees This Agreement applies to all employees covered by the Memorandum of Understanding between the City and the Association, except employees ’ temporarily or regularly assigned to the following supervisory and/or confidential classifications &d positions: Accounting Supervisor Administrative Secretary - City Manager’s Office Administrative Secretary - Human Resources Department Applications Specialist Ill Community Outreach Supervisor Custodian II . Human Resources Technician Legal Assistant Office Specialist II - City Manager’s Office Records Management Supervisor Recreation Supervisor I Recreation Supervisor II Senior Building Inspector Senior Circulation Supervisor Senior Librarian Senior Office Specialist - Human Resources Department Site Manager 2.0 Election to Determine Support 2.1 Prior to the effectiveness and implementation of this Agreement, an election will be held to determine whether there is sufficient support among covered employees for an agency shop arrangement. 2.2 The election will be held on August 9,2001, at the following locations and times: Employee break room at CMWD building 6:00 a.m. - 7:30 a.m. Employee break room at the Faraday Center 11:30 a.m. - 1:30 p.m. 1 of6 Employee break room at City Hall 3:OO p.m. - 500 p.m. The election will be conducted by the State Mediation and Conciliation Service. Representatives from the Association and the City will be at each polling location to monitor the election process. 2.3 The election will be by secret ballot and will open to all covered employees on the City’s payroll as of the last day of the payroll period immediately preceding the election. 2.4 The ballot question will read, IL Do you wish to be covered by an agency shop arrangement which requires all employees to either join the employee organization or pay an agency fee for representation?” 2.5 The City and the Association will distribute notices regarding the election date, time, and polling locations as well as a copy of this Agreement to all covered employees at least six (6) business days prior to the election. Notices will also be posted on employee bulletin boards at those City facilities where covered employees work. In addition, at least six (6) business days prior to the election, the Association will distribute to all represented employees information about the amount of the agency fee, how the agency fee was calculated, and how to obtain a copy of the Association’s annual financial report. 2.6 The ballots will be counted by the State Mediation and Conciliation Service. Once the ballots have been tabulated and the results agreed upon and verified by the Service, the results will be certified and the ballots will be destroyed. 2.7 There will be a sufficient showing of support for an agency shop arrangement if a majority of the employees casting ballots in the election vote in favor of having an agency shop arrangement. 2.8 If there is not a sufficient showing of support for an agency shop arrangement, this Agreement will not take effect and the Association will not request or otherwise attempt to implement an agency shop arrangement until it is time for the Memorandum of Understanding between the City and the Association to be renegotiated. 3.0 Agency Fee 3.1 The amount of the agency fee will be determined annually by the Association in accordance with Government Code section 3502.5. It will not exceed the standard initiation fee, period dues, and general assessments of the Association. 2of6 3.2 At least thirty (30) calendar days prior to the initial collection of the agency fee or any increase in the amount of the fee, and annually thereafter, each employee covered by this Agreement will receive written notice from the Association indicating: 3.2.1 The amount of the agency fee (expressed as a percentage of the annual dues per member based upon the chargeable expenditures identified in the notice); 3.2.2 The basis for the calculation of the agency fee, which will be supported by an independent audit; 3.2.3 A statement informing the employee about the existence of the independent audit and its availability to the employee upon request; and fee. 3.2.4 The procedure for appealing all or any part of the agency 4.0 Agency Fee Appeal Procedure 4.1 If an employee covered by this agreement disagrees with the Association’s determination of the agency fee amount, the employee may file an agency fee objection with the Association. The objection must be filed no later than thirty (30) calendar days following distribution of the notice described in section 3.0. 4.2 Within forty-five (45) calendar days after the last day for filing an objection, the Association will make a request for a prompt hearing regarding the agency fee before an impartial decision maker. This request can be made to one of three agencies: the Public Employee Relations Board, the American Arbitration Association, or the California State Mediation Service. The agency will then select the impartial decision maker. 4.3 If the Association receives multiple agency fee objections, either the Association or the employee(s) involved may request that the hearings be consolidated based on case similarities. At any time prior to the start of the hearing, any party may make a motion to the impartial decision maker challenging the consolidation of the hearing. 4.4 The Association will bear the burden of establishing the reasonableness of the agency fee. 4.5 The hearing will be fair, informal, and conducted in conformance with basic precepts of due process. Unless the Association and the objecting 3of6 employee otherwise agree, the Association will pay for all hearing costs other than the cost of the objecting employee’s representative. 4.6 All decisions of the impartial decision maker will be in writing, and will be rendered no later than thirty (30) calendar days after the close of the hearing. Any party may obtain expedited judicial review of the impartial decision maker’s decision under Code of Civil Procedure section 1094.8. 5.0 Escrow of Agency Fees in Dispute 5.1 The Association will open an account in an independent financial institution in which to place in escrow agency fees collected from employees who have made timely objections under section 4.0 5.2 The escrowed agency fees will not be released until after either: 5.2.1 Mutual agreement between the objecting employee and the Association has been reached on the proper amount of the agency fee; or 5.2.2 A final decision has been rendered by the impartial decision maker (or the courts, if judicial review is sought under Code of Civil Procedure section 1094.8). 5.3 The Association will pay interest at the prevailing rate on all rebated fees. 6.0 Religious Exemptions In lieu of paying the agency fee, an employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee associations may pay an amount equivalent to the agency fee to one of the following nonreligious, nonlabor charities: United Way Special Olympics Carlsbad Educational Foundation The employee must provide proof of payment to the City and the Association on a monthly basis. The Association may also require the employee to provide the Association with proof of membership or of continued membership in the religion, body, or sect upon which the religious exemption is based. 4of6 7.0 Payroll Deduction Process 7.1 If there is sufficient support for an agency shop arrangement and this Agreement becomes effective, the Human Resources Director will arrange for the agency fee to be deducted from covered employees’ paychecks and transmitted to the Association. The deductions will commence during the first full payroll period occurring thirty (30) calendar days after the election results showing sufficient support for an agency shop arrangement have been certified. However, if an employee has submitted an objection to the agency fee in accordance with section 4.0 above or requested a religious exemption under section 5.0, deductions for that employee will not commence pending the final determination of the objection or exemption. 7.2 If, after deductions commence, a dispute arises between the employee and the Association over the amount or propriety of the agency fee, deductions will continue to be made and the disputed fees will be placed in an escrow account in accordance with section 5.0 above. 7.3 All other legal and required deductions (e.g., payroll taxes, income taxes, health care premiums) have priority over agency fee deductions. No agency fee deduction will be made from an employee’s paycheck unless the employee’s earnings are sufficient to cover the agency fee after all other legal and required deductions are made. 7.4 If there is a non-disputed change in the exclusive representative for all or a portion of the covered employees, the City will transmit the agency fees deducted from the paychecks of those employees to the new representative without interruption. If there is a disputed change in the exclusive representative for all or a portion of the covered employees, the City will place the agency fees deducted from the paychecks of those employees in an interest-bearing accounting pending final resolution of the dispute. 8.0 Records and Reports The Association will keep itemized records of its financial transactions. In addition, annually, within sixty (60) calendar days after the end of its fiscal year, the Association will make available to the City and to all represented employees a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant. 9.0 Indemnification The Association agrees to defend, indemnify and hold the City (including its Water District and Redevelopment Agency and their officers, employees, agents, and elected or appointed officials) harmless from all claims, demands, 5 of 6 losses, damages, disputes, obligations, liabilities, expenses (including attorney fees), or other actions arising out of or relating to this Agreement or the agency shop arrangement 10.0 Effectiveness and Implementation This Agreement will not become effective and binding upon the parties unless and until: (1) The election discussed in section 2.0 is held and there is sufficient support among the covered employees for an agency shop arrangement; and (2) The City Council acts, by a majority vote, to formally approve and adopt the Agreement. IN WITNESS WHEREOF, the parties to this Agreement have caused their duly authorized representative to execute this Agreement on the day, month, and year indicated below. CARLSBAD CITY EMPLOYEES’ ASSOCIATION JF RICHARD, President CITY OF CARLSBAD APPROVED AS TO FORM RONALD R. BALL, City Attorney 7/(g/a I Date JUL 3 0 2001 Date 7/a-6/a-I. Date 6 of 6 16