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HomeMy WebLinkAbout2004-03-09; City Council; 17544; Mandatory Change to the Agency Shop ProvisionCITY OF CARLSBAD - AGENDA BILL CITY ATTY @$ - CITY MGR.- ?ECOMMENDED ACTION: Adopt Resolution No. 2004-083 approving a side letter with the Carlsbad City Employees’ Association (CCEA) that amends articles in the CCEA Memorandum of Understanding (MOU) to reflect the mandatory change enacted by Assembly Bill 1141 which concludes that confidential and supervisory employees are no longer exempt from agency shop. ITEM EXPLANATION: The Meyers-Milias-Brown Act (MMBA) authorizes a local public agency and a recognized employee organization that is the exclusive or majority bargaining agent to negotiate an agency shop arrangement. The City of Carlsbad and CCEA have negotiated such an arrangement. Agency shop means that all bargaining unit employees are required to either be dues paying members of the employee organization, pay a service fee in lieu of dues, or contribute to a designated charitable organization. California Government Code section 3502.5 (e) previously limited the agency shop arrangement from applying to confidential or supervisory employees. AB 1141 deleted this exclusion effective January 1,2004. Therefore, staff recommends amending the CCEA MOU to reflect the change resulting from Assembly Bill 1141. Side Letter On February 4,2003, the City Council adopted Resolution No. 2003-033 approving an MOU with the CCEA. The term of the MOU is five (5) years and will expire on December 31,2007. A side letter between the City and the CCEA has been drafted (Exhibit 2) whereby Article 11 and Article 12 would be amended to reflect the change resulting from Assembly Bill 1141. FISCAL IMPACT: There is no fiscal impact to the City of Carlsbad as agency fees are paid by CCEA- represented employees and are payable to CCEA. EXHIBITS: 1. Resolution No. 2004-083 approving a side letter with CCEA 2. Side Letter with CCEA and strikeout copy of the amended Articles 11 and 12 DEPARTMENT CONTACT: Debbie Porter, (760) 602-2441, dport@ci.carlsbad.ca.us STRIKEOUT VERSION ARTICLE 1 1. Confidential Emplovees Confidential employees are restricted from representing any employee organization that represents other employees of the City on matters within the scope of representation. This article does not otherwise limit the right of confidential employees to be members Of- and to hold office in CCEA. The following positions are designated as confidential: 1) Human Resources Department: Administrative Secretary, Human Resources Technician, Senior Office Specialist. 2) City Manager’s Office: Administrative Secretary, Secretary. 3) City Attorney’s Office: Legal Assistant. 4) Finance Department: Administrative Secretary. 5) Information Technology: Applications Specialist I1 assigned to position budgeting responsibilities. The City may create new confidential positions provided that in the regular course of the position’s duties, the employee: Has regular contact with files and correspondence related to management’s Assists or acts in a confidential capacity or who formulates, determines and Has normal access to confidential information contributing significantly to positions and policies related to contract negotiations, andor effectuates management’s policies within the scope of employee-employer relations, andor the development of management’s policies within the scope of employer- employee relations In such cases, the City will notify the Association of the proposed new confidential position and provide the Association with the job specifications of the new position prior to its implementation. ARTICLE 12.B. AGENCY SHOP All bargaining unit employees: 9 are required to be dues paying members of the Association, or pay a service fee in lieu of dues or, if qualified in accordance with section 4.0 below, contribute to a designated charitable organization. ARTICLE 12.B. 1 Covered Employees All employees covered by the Memorandum of Understanding between the City and the Association- .. . .. -are considered covered employees under this Article. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 . 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SIDE LETTER REGARDING AN AMENDMENT TO THE MOU BETWEEN THE CITY AND 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 wages and other 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 in the form of a side letter marked Exhibit 2 and incorporated by reference herein. 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. Ill Ill Ill Ill Ill Ill Ill Ill 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. hereof, is adopted. That the side letter, set forth in Exhibit 2, attached hereto and made a part PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of March ,2004; by the following vote, to wit on behalf of the City: AYES: Council Members Lewis, Finnila, Kulchin and Hall NOES: Council Member Hall R ABSENT: None ATTEST: dORRy M. WOOD, City Clerk (SEAL) Resolution No. 2004-083 page 2 3 Exhibit 2 SIDE-LETTER AMENDING CCEA MOU ARTICLE 11 - CONFIDENTIAL EMPLOYEES, ARTICLE 12.B -AGENCY SHOP AND ARTICLE 12.B.1- COVERED EMPLOYEES WHEREAS, the Carlsbad City Employees’ Association and representatives of the City of Carlsbad (“City”) met and conferred and reached agreement on a Memorandum of Understanding (MOU) for the period from January 1,2003 to December 31,2007. WHEREAS, representatives of the City and the CCEA have reached agreement on the following amendments to the current MOU. THE CCEA AND THE CITY OF CARLSBAD DO HEREBY AGREE THAT: Article 11 is amended to read as follows: ARTICLE 1 1. Confidential Employees Confidential employees are restricted from representing any employee organization that represents other employees of the City on matters within the scope of representation. This article does not otherwise limit the right of confidential employees to be members of and to hold office in CCEA. The following positions are designated as confidential: 1) Human Resources Department: Administrative Secretary, Human Resources Technician, Senior Office Specialist. 2) City Manager’s Office: Administrative Secretary, Secretary. 3) City Attorney’s Office: Legal Assistant. 4) Finance Department: Administrative Secretary. 5) Information Technology: Applications Specialist I1 assigned to position budgeting responsibilities. The City may create new confidential positions provided that in the regular course of the position’s duties, the employee: Has regular contact with files and correspondence related to management’s Assists or acts in a confidential capacity or who formulates, determines and Has normal access to confidential information contributing significantly to positions and policies related to contract negotiations, andor effectuates management’s policies within the scope of employee-employer relations, andor the development of management’s policies within the scope of employer- employee relations In such cases, the City will notify the Association of the proposed new confidential position and provide the Association with the job specifications of the new position prior to its implementation. Article 12.B is amended to read as follows: ARTICLE 12.B. AGENCY SHOP All bargaining unit employees are required to be dues paying members of the Association, or pay a service fee in lieu of dues or, if qualified in accordance with section 4.0 below, contribute to a designated charitable organization. Article 12.B.1 is amended to read as follows: ARTICLE 12.B. 1 Covered Emplovees All employees covered by the Memorandum of Understanding between the City and the Association are considered covered employees under this Article. IN WITNESS WHEREOF, the parties hereto understand and agree to the above terms and conditions and have caused their duly authorized representatives to execute this side letter onmA 1 .f ,2004. CITY OF CARLSBAD CARLSBAD CITY EMPLOYEES’ ASSOCIATION Barbara Nedros City Manager President APPROVED AS TO FORM: 3 -I/-&. Ronald Ball City Attorney