HomeMy WebLinkAbout2013-01-08; City Council; 21081; Settlement Agreement CCEA v City of CarlsbadCITY OF CARLSBAD - AGENDA BILL
AB# 21,081 REPORTING OUT THE SETTLEMENT
AGREEMENT IN CARLSBAD CITY
EMPLOYEES ASSOCIATION V. CITY OF
CARLSBAD
DEPT. DIRECTOR
MTG. 1/8/2013
REPORTING OUT THE SETTLEMENT
AGREEMENT IN CARLSBAD CITY
EMPLOYEES ASSOCIATION V. CITY OF
CARLSBAD
CITY ATTORNEY
DEPT. CA
REPORTING OUT THE SETTLEMENT
AGREEMENT IN CARLSBAD CITY
EMPLOYEES ASSOCIATION V. CITY OF
CARLSBAD CITY MANAGER ^
RECOMMENDED ACTION:
There is no action to be taken by the City Council.
ITEM EXPLANATION:
The parties have now settled the unfair practice charge filed by the Carlsbad City Employees'
Association (CCEA) under the authority given to the City Attorney by the City Council at its
closed session of December 18, 2012. Under the settlement agreement, among other things,
CCEA recognized the management right to contract out bargaining unit work to third parties,
implement unpaid furloughs of employees, transfer employees among various City activities
and work groups, or assign work to City employees outside of the bargaining unit, after the City
has met and conferred with CCEA regarding both the negotiable decision and the effects of the
negotiable decision, and after completion of any applicable impasse resolution procedures. This
item satisfies the Brown Act requirement to report the fact of a settlement approved in a prior
closed session and makes the terms and conditions ofthe settlement available to the public.
FISCAL IMPACT:
There are minor administrative costs associated with this action.
ENVIRONMENTAL IMPACT:
Reporting out the fact of Settlement is not a "project" within the meaning of CEQA and therefore
environmental review is not required pursuant to CEQA Regulation 15061(b)(3).
EXHIBITS:
1. Settlement Agreement is on file with the City Clerk.
DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891 ron.ball@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED •
STATE OF CALIFORNIA
PUBLIC EMPLOYMENT RELATIONS BOARD
CARLSBAD CITY EMPLOYEES
ASSOCIATION,
Charging Party,
CITY OF CARLSBAD,
Respondent.
Case No. LA-CE-736-M
SETTLEMENT AGREEMENT
In the interest of promoting harmonious labor relations between the parties and to avoid
the uncertainty, inconvenience, and expense of litigation, the Carlsbad City Employees
Association (CCEA or Charging Party) and the City of Carlsbad (City or Respondent), in
settlement ofthe above-captioned unfair practice charge before the Public Employment
Relations Board, agree as follows:
1. A dispute has arisen between the parties concerning an allegation that the City
violated the Meyers-Milias-Brown Act (MMBA) by unilaterally imposing a provision on
CCEA members after the parties ratified and adopted a memorandum of understanding
(MOU).
2. CCEA and the City hereby acknowledge that:
A. The MMBA requires the City to "meet and confer in good faith regarding
wages, hours, and other terms of employment" within the scope of representation with CCEA,
and to "consider fully presentations as are made by [CCEA] on behalf of its members priot to
arriving at a determination of policy or course of action."
B. The MMBA defines "meet and confer" to mean that the City and CCEA "have
the mutual obligation personally to meet and confer promptly upon request by either party and
continue for a reasonable period of time in order to exchange freely information, opinions, and
proposals, and to endeavor to reach agreement on matters within the scope of representation
prior to the adoption by the [City] of its final budget for the ensuring year."
C. The MMBA provides the management right to the City to contract out
bargaining unit work to third parties, implement unpaid furloughs of employees, transfer
employees among various City activities and work groups, or assign work to City employees
outside of the bargaining unit, after it has met and conferred with CCEA regarding both the
negotiable decision and the effects of the negotiable decision, and after completion of any
applicable impasse resolution procedures.
D. The parties are committed to the principles in the MMBA and affirm their
obligations to comply with its terms.
3. The City hereby affirms that it will NOT (and has NOT during the term of the 2011-
2012 MOU) unilaterally change matters within the scope of representation with respect to
CCEA members without meeting its obligations under the MMBA. Specifically, the City will
not (and has NOT during the term of the 2011-2012 MOU): (1) transfer employees among
various City activities and work groups; (2) implement unpaid furloughs of employees; or (3)
contract out bargaining unit work to third parties or assign work to City employees outside the
bargaining unit, without first meeting and conferring with CCEA as to the decision and the
negotiable effects of the decision, thereby complying with the MMBA.
4. CCEA acknowledges that the City retains the management rights set forth in the
MMBA, except where the City has explicitly and unmistakably waived those rights as
memorialized by the parties' MOU.
5. If any subsequent negotiations for any successor Memorandum of Understanding
result in impasse, the parties agree that, after completion of all applicable impasse resolution
procedures, the City will either (1) enter into an MOU with CCEA, or (2) exercise its right to
impose its last, best and final offer (or terms reasonably comprehended within the last, best and
final offer), but not both, unless the parties agree otherwise in writing.
6. This Settlement Agreement is not effective until the City Council approves it at the
next City Council meeting, currently scheduled for December 18, 2012.
7. Following the City Council's approval of this Settlement Agreement, Carlsbad City
Employees Association hereby withdraws Unfair Practice Charge No. LA-CE-736-M with
prejudice.
8. This Settlement Agreement does not constitute an admission of wrongdoing,
contract or statutory violation, or liability on the part of any party to this agreement.
9. This Settlement Agreement represents a full and complete resolution of Unfair
Practice Charge No. LA-CE-736-M.
10. The undersigned parties represent that they have read and understand the terms of
this settlement and that they are authorized to execute this Settlement Agreement on behalf of
their principals.
For Charging Party:
Pam Drew
President
Date
For Respondent:
Julie Clark
Human Resources, Director Muman Kesources.L
Date
APPROVED AS TO FORM AND CONTENT:
City Council
Date
For Charging Party:
^ren Arens
Hayes & Cunningham, LLP
Attorney
Date
For Respondent
Adrianna Guzman
Liebert Cassidy Whitmore
Attorney
Date
PT-Bemo^rrswi
Assistant City Attorney
Date