Loading...
HomeMy WebLinkAbout2011-06-21; City Council; 20588; IMPASSE LABOR NEGOTIATIONS CITY AND CCEACITY OF CARLSBAD -AGENDA BILL AB# MTG. DEPT. 20,588 06/21/11 HR IMPASSE IN LABOR NEGOTIATIONS BETWEEN THE CITY AND THE CARLSBAD CITY EMPLOYEES' ASSOCIATION (CCEA) DEPT. HEAD CITY ATTY. CITY MGR.\u-— RECOMMENDED ACTION: 1. By motion, determine to resolve the impasse that exists on the remaining disputed item between the City of Carlsbad and the Carlsbad City Employees' Association (CCEA) by action of the City Council. 2. Adopt Resolution No. 2011-134 resolving the impasse on the remaining disputed item and adopting and implementing certain terms and conditions for employees represented by the CCEA. ITEM EXPLANATION: The City and the Carlsbad City Employees' Association (CCEA) representatives have been meeting and conferring since November 8, 2010 in an effort to reach agreement on a Memorandum of Understanding (MOU). The parties held nine face-to-face meetings, discussed extensive language changes to the MOU between the City and the CCEA, tentatively agreed to many of these changes and exchanged economic proposals. As the parties failed to reach agreement and exhausted all possibilities of settlement, the City initiated the impasse procedure on May 6, 2011 pursuant to Section IV of the City's Employer-Employee Relations Rules and Regulations. The written request for an impasse meeting and a statement of the City's position on all disputed issues was sent to both the CCEA and the City Manager. An impasse meeting with the City Manager was held on May 18, 2011 for the purpose of reviewing the positions of the City and the CCEA in a final effort to reach agreement on the disputed issues. At the impasse meeting various proposals were put forward and the parties were able to reach tentative agreement on the terms and conditions of a successor MOU. This MOU is being presented for approval by the City Council as part of a separate action. However, the parties continued to be at impasse regarding the City's right 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 (Article 8). Based on the information provided at the impasse hearing, it was the conclusion of the City Manager that the parties had reached a point where continued negotiations concerning these issues would be futile. The parties agreed to the MOU without changes to Article 8 with the acknowledgement that the changes to Article 8 would be immediately imposed by the City Council. These provisions are outlined in Exhibit 2. DEPARTMENT CONTACT: Julie Clark 760-602-2440 julie.clark@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D Dn n CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Dn Dn Page 2 The contract provision that is still in dispute between the parties is Article 8 of the current MOD entitled City Rights. The City is proposing to change this article to include the language that is underlined below: Article 8 City Rights The rights of the City include, but are not limited to the exclusive right to determine the 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. As discussed by the parties, an impasse still exists and both parties agree that any further meetings on the disputed City rights issue would be futile. In addition, as discussed by the parties, an impasse hearing with the City Council will not be required and both parties agree that all of the impasse procedure requirements outlined in the City's Employer-Employee Relations Rules and Regulations have been satisfied. The City has met its obligation to meet and confer in good faith, pursuant to the Meyers-Milias- Brown Act (Government Code Sections 3500 et. seq.). Consequently, as the City Council possesses the authority to resolve the impasse in negotiations pursuant to the Meyers-Milias- Brown Act and Section IV of the City's Employer-Employee Relations Rules and Regulations, the City Council may choose to adopt and implement Exhibit 2, which outlines the City rights provision that is still at issue and reflects the City's last, best and final offer in this area. Should the City Council decide to adopt and implement the terms and conditions for employees represented by the CCEA as outlined above, this would necessitate adopting the Resolution that is attached as Exhibit 1. FISCAL IMPACT: There is no fiscal impact associated with implementing the changes to the City Rights provision as described above. ENVIRONMENTAL IMPACT: This amendment is statutorily exempt from CEQA pursuant to Public Resources Code Section 21080(b)(1). Page 3 EXHIBITS: 1. Resolution No. 2011-134 resolving the impasse on the remaining disputed item and adopting and implementing certain terms and conditions for employees represented by the Carlsbad City Employees' Association 2. City's Last, Best and Final offer to the Carlsbad City Employees' Association: City Rights provision 1 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 o City's Employer-Employee Relations Rules and Regulations; and 9 WHEREAS, the City and the CCEA have previously entered into a Memorandum 10 of Understanding which took effect on January 1, 2008, and expired on December 31, 11 2010; and 12 WHEREAS, the City and the CCEA began meeting and conferring on November 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 18 possibilities of settlement have been exhausted; and 19 WHEREAS, the City has initiated the impasse procedure by filing a written 20 request for an impasse meeting together with a statement of its position on all disputed 21 issues in negotiations; and 22 WHEREAS, the City's written request for an impasse meeting was sent to both 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 28 1 WHEREAS, the parties have reached tentative agreement on the terms and 2 conditions of a successor MOD which will be presented for approval by the City Council as part of a separate action; and 4 WHEREAS, the City and the CCEA were unable to reach agreement on changes 5 to the City Rights provision (Article 8 of the current MOU); and 6 WHEREAS, it was determined by the parties that additional meetings on the 7 disputed City rights issue was unnecessary; and8 o 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 16 WHEREAS, the City and the CCEA have reached an impasse in their 17 negotiations of an agreement covering said employees regarding the City Rights 18 provision; and 2Q 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 26 27 28 1 2 3 4 5 6 7 8 9 10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That an impasse in negotiations regarding the City Rights provision exists between the City and the CCEA. 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. 11 // 12 // 13 II 14 II 15 II 16 17 " 18 " 19 20 21 22 // 23 // 24 II 25 II 26 27 " 28 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 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: RAlKlE M. WOOD, City' Cle (SEAL) * 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.