HomeMy WebLinkAbout2001-07-24; City Council; 16293; Agency Shop Arrangement w/ CCEACITY OF CARLSBAD - AGENDA BILL . r
AB#’ lb@ 93 TITLE: DEPT. HD.
MTG. ? 6w/ Approval of an Agency Shop Arrangement With the SE CITY ATTY .
DEPT. L Carlsbad City Employees’ Association (CCEA) CITY MGR. k
RECOMMENDED ACTION:
&2oOJ-daL) Adopt Resolution No. \ approving an agency shop arrangement with the Carlsbad
City Employees’ Association (CCEA).
ITEM EXPLANATION:
Effective January 1,2001, SB739 became law allowing employee organizations to
negotiate and/or petition for an agency shop/agency fee arrangement among represented
employees. An agency shop arrangement requires that, as a condition of employment,
employees either join the employee association and pay dues or if they choose not to join
the association, pay a service fee to the association. The agency shop arrangement
applies to all employees whose job classifications are represented by an association
except for management, supervisory or confidential employees.
The Carlsbad City Employees’ Association (CCEA) requested that the City meet and
confer on the agency shop issue. This process has been completed, and the parties have
agreed on the side agreement for an agency shop arrangement attached as Exhibit 2. This
agreement provides for an election to be held on August 8,200l. Should the City
Council approve the agreement and should a majority of the employees casting ballots in
the election vote in favor of having an agency shop arrangement, the agreement will
become effective after the election results are certified. Agency fee payroll deductions
will commence on the first day of the first full payroll period occurring 30 days after the
election.
FISCAL IMPACT:
There is no fiscal impact associated with the approval and implementation of an agency
shop arrangement.
EXHIBITS: 3OOI-3W
1. Resolution No. ! approving an agency shop arrangement with the Carlsbad
City Employees’ Association.
2. Side Agreement for an Agency Shop Arrangement
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m3soLunoN No. 2001-224
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGENCY SHOP ARRANGEMENT WITH THE
CARLSBAD CITY EMPLOYEES’ASSOCIATION.
WHEREAS, representatives of management and the Carlsbad City Employees’
Association have met and conferred in good faith pursuant to the Meyers-Millias-Brown
Act regarding terms and conditions of employment; and
WHEREAS, said representatives have reached agreement which they desire to
submit to the City Council for consideration and approval; and
WHEREAS, the City Council has determined it to be in the public interest to
accept such an agreement and to incorporate the appropriate changes into the
Memorandum of Understanding between the City and the Carlsbad City Employees’
Association, marked Exhibit 2 and incorporated by reference herein; and
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That should a majority of the employees casting ballots in the election vote in
favor of having an agency shop arrangement, the Memorandum of Understanding
between the Carlsbad City Employees’ Association and representatives of management is
hereby amended as per Exhibit 2.
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3. There is no immediate fiscal impact associated with the aforementioned
amendment to the Memorandum of Understanding.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad
City Council held on the 24thday of July ,200l; by the following
vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None.
ABSENT: None.
ATTEST: n
(SEW
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 Car&bad City Employees’ Association (“the Association”) for the
purpose of creating an agency shop arrangement in accordance with California
Government Code section 3502.5.
1.0 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 and positions:
Accounting Supervisor
Administrative Secretary - City Manager’s Office
Administrative Secretary - Human Resources Department
Applications Specialist III
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 irhplementation 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 8,2001, 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 II:30 a.m. - I:30 p.m.
1 of6
Employee break room at City Hall 3:00 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, “ 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
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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.
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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,
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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
Jl$k+ RICHARD, President
CITY OF CARLSBAD
APPROVED AS TO FORM
.L=4GL I2 L
RONALD R. BALL, City Attorney
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.
7/lg/z, )
Date
3UL 3 0 2001
Date
7la-ec7QI.
Date
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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.
1.0 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 and positions:
Accounting Supervisor
Administrative Secretary - City Manager’s Office
Administrative Secretary - Human Resources Department
Applications Specialist III
Community&Wary Outreach Supervisor
Custodian I I
Human Resources Technician Ifi I Legal Assistant
I Office Specialist II - City Manager’s Office r-3n I Records Management Supervisor
I Recreation Supervisor I
Recreation Supervisor I I
” I Senior Building Inspector
I Senior Circulation Supervisor
Senior Librarian
Senior Office Specialist - Human Resources Department cm “\,
DRAFT 1 of7 (Rev. 7/g/01) 3
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 one August 8, 2001,4%em- . . . . . . . 8 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 1 I :30 a.m. - I:30 p.m.
Employee break room at City Hall 3:00 p.m. - 5:00
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 > . . . . . Lread, “ 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 ten (10) business days prior to the election.
Notices will also be posted on employee bulletin boards at those City facilities
where covered employees work.
DRAFT 2of7 (Rev. 7/9/O 1)
g
In addition, at least ten (10) 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 I obtain a copy of the Association’s annual financial report.
2.6 . . The ballots will be counted by]
EHWHWG@ the State Mediation and Conciliation Service. Once the ballots
have been tabulated and the results agreed upon and verified by thee . . w Service, the results will be certified 4
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.
3.2 At least thirty (30) calendar days prior to the initial collection of the 1
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
DRAFT 3 of 7 (Rev. 7/9/01)
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 1
section 3.0.
4.2 Within forty-five (45) calendar days after the last day for filing an I
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 te-
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. The Association will pay for all costs
associated with the hearing, unless the Association and the objecting employee
otherwise agree.
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 I 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
(Rev. 7/g/01) 7
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
G$ In lieu of paying the agency fee, an employee who is a member of I
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 . m !? g &wbbp\L( Gld#hoMI Fmld &In
The employee must provide proof of payment to the City and the
Association on a monthly basis.
7.0 Payroll Deduction Process
7.1 If there is sufficient support for an agency shop arrangement and . , this Agreement becomes effective, &
7.2 I I . . ot. wu Athe
Human Resources Director will arrange for the agency fee to be deducted from-
the covered employee%’ 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
DRAFT 5 of 7 (Rev. 7/9/O 1)
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. kta$r’;‘;------
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, I
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,
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.
DRAFT 6of7 (Rev. 7/9/01)
10.0 Effectiveness and Implementation
This Agreement will not become effective and binding upon the parties
unless and until: c (1) The election discussed in section 2.0 is held and there is sufficient
su port 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
JILL PRICHARD, President Date
CITY OF CARLSBAD
RAYMOND R. PATCHETT, City Manager Date
APPROVED AS TO FORM
RONALD R. BALL, City Attorney Date
DRAFT 7 of 7 (Rev. 7/g/01) lo