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HomeMy WebLinkAbout2002-076 ~. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ 1 2 Resolution No. 2002-76 3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION 2001-303, RESOLUTION IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT REPRESENTED BY THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Director of Human Resources are hereby authorized and directed to execute on behalf of said City a Side Letter to Resolution No. 2001-303, amending Article I, Administration, Section 2, Employee Rights, and Article II, Employer-Employee Relations, Section, 3, Payroll Deductions for Union Dues, a copy of which amendments are attached hereto and incorporated herein marked Exhibit A. III III III III III III III III III III III III 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2002-76 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SIDE LETTER TO RESOLUTION 2001-303, RESOLUTION IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT REPRESENTED BY THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common 7 Council of the City of San Bernardino at a joint regular meeting thereof, held on the 4th day of March , 2002, by the following vote, to wit: COUNCILMEMBERS: ESTRADA LIEN MC GINNIS DERRY SUAREZ ANDERSON MC CAMMACK AYES NA YES ABSTAIN ABSENT x y x x x x x ~~lJ.~ Rac I G. Clark, City Clerk 5TH The foregoing resolution IS hereby approved this March ,2002. Approved as to form and Legal content: JAMES F. PENMAN, City Attorney By: L 7-./~_ o ' of HRI Agenda Items:RESO.side.Letter.Agency,Shop , " . 2002-76 EXHIBIT 'A' SIDE LETTER TO RESOLUTION NO. 2001-303 FOR GENERAL UNIT EMPLOYEES The following sets forth the Side Letter to Resolution No. 2001-303 for full-time General Unit Employees: Article I. Section 2 - Emplovee Ril!hts A. Employees of the City shall have the right to form, join and participate in the activities of SBPEA for the purpose of representation on all matters of Employer-Employee Relations, including but not limited to, wage, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations, bnt will be required to pay a service fee. pursuant to Article II. Section 3. herein. B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City, or SBPEA, or other employee organization(s) because of the exercise of his /her rights under this Article. C. The City, through its representatives, shall meet and confer in good faith only with representatives of formally recognized employee organizations regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment. Article II. Section 3 - Payroll Deductions for Union Dues (Existing language in this section to be removed in its entirety and replaced with the following:) Under the provisions of SB 739, Chapter 901, of the Statutes of 2000, all current employees and all employees who are hired after this Memorandum of Understanding as approved by the City Council, and who are in a job classification within the SBPEA representation unit covered by this Memorandum of Understanding, shall within thirty (30) working days from mailing of notice of implementation of this Article to employee in the Bargaining Unit, become members of SBPEA or pay a service fee. Each fiscal year, SBPEA shall inform the City in writing of the membership dues per month and the service fee per month. Payment of dues or service fee shall be through payroll deduction to SBPEA. The requirement to pay dues or a service fee shall not apply to employees not represented by SBPEA. Changes in membership fees will take effect within thirty (30) days of written notification. Every employee required to pay a service fee shall annually receive written notice from SBPEA of: , 2002-76 A. The amount of the service fee which is to be expressed as a percentage of the annual dues per member based upon the chargeable expenditures identified in the notice; B. The basis for the calculation ofthe service fee; and C. The procedure for appealing all or any part of the service fee. Such written notice shall be sent/distributed to the employee subject to the service fee either: D. At least thirty (30) days prior to collection of the service fee, after which SBPEA shall place those fees subject to objection in escrow pursuant to 8 California Code of Regulations 932995; or E. Concurrent with the initial service fee collection, provided however, that all service fees so noticed shall be held in escrow in total until all objections are identified. Thereafter, only the service fees for service fee objectors shall be held in escrow, pursuant to 8 California Code of Regulations 932995. Prior to the City withholding service fees, SBPEA shall implement a Service Fee Appeal Procedure in accordance with 8 California Code of Regulations 932994 which provides a reasonably prompt opportunity for those employees subject to the service fee to challenge the fee amount before an impartial decision maker. Dues/Service Fees withheld by the City shall be transmitted to the SBPEA Officer designated in writing by SBPEA as the person authorized to receive such funds at the address specified, The parties agree that the obligations herein are a condition of continued employment for employees in positions represented by SBPEA ("unit members"), The parties further agree that the failure of any unit member to remain a member in good standing of SBPEA or to pay the service fee during the term of this Agreement shall constitute, generally, just and reasonable cause for termination. The City shall not be obligated to put into effect any new, changed or discontinued deduction until a SBPEA membership card is submitted to the City's Finance Department in sufficient time to permit normal processing ofthe change or deduction. No unit member shall be required to join SBPEA or to make a service fee payment if the unit member is an actual verified member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exception shall not be granted unless and until such unit member has verified the specific circwnstances with SBPEA by filing a letter from the local head of the religion, body or sect. Employees verified to be conscientious objectors must arrange with SBPEA to satisfy hislher obligation by donating the equivalent amount to a non-labor, non-religion charitable fund, tax-exempt under Section 501(c)(3) of the Intemal Revenue Code (IRe), chosen by the 2002-76 employee from the United Way, the American Cancer Society or the March of Dimes. SBPEA shall be responsible for determination under this paragraph. Employees opting not to join SBPEA for the reasons previously stated are responsible for making donations through means other than payroll deduction. Government Code 93502.5 states that proof of the payments (to charities) shall be made on a monthly basis to the public agency as a condition of continued exemption from the requirement of financial support to the public employee organization. SBPEA shall be fully responsible for expending funds received under this Article consistent with all legal requirements for expenditures of employee dues that are applicable to public sector labor organizations. Whenever a unit member is delinquent in the payment of dues or fees, SBPEA shall give the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of said notice shall be forwarded to the City's Human Resources Department. In the event the unit member remains delinquent for a period of sixty (60) days, SBPEA shall request in writing that the City initiate termination proceedings. The termination proceedings shall be governed by applicable City Civil Service Rules and are specifically excluded from the Grievance Procedure. The City shall not deduct monies specifically eannarked for a Political Action Committee or other political activities. SBPEA shall keep an adequate itemized record of its financial transactions and shall make annually to the City, and upon request, to the employees who are members of SBPEA within sixty (60) days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and operating statement certified as to accuracy by the President and Treasurer or corresponding Principle Officer or by a Certified Public Accountant. A copy of financial reports required under or referred to in the Labor-Management Disclosure Act of 1959 or Government Code Section 3546.5 shall satisfy this requirement. This organizational security arrangement shall be null and void if rescinded by a vote of employees in the unit pursuant to Government Code Section 3502.5(d). SBPEA shall defend, indemnify and hold hannless the City and its officers and employees from any claim, loss, liability, cause of action or administrative proceeding arising out of the operation of this Article. Upon commencement of such legal action, administrative proceedings or claim, SBPEA shall have the right to decide and determine whether any claim, administrative proceeding, liability, suit or judgment made or brought against the City or its officers and employees because of any application of this Article shall not be compromised, resisted, defended, tried or appealed. Any such decision on the part of SBPEA shall not diminish SBPEA's defense and/or indemnification obligations under this Agreement. The City, immediately upon receipt of notice of such claim, proceeding or legal action, shall inform SBPEA of such action, provide SBPEA with all information, documents and assistance necessary for SBPEA defense or settlement of such action, and fully cooperate with SBPEA in providing all necessary employee witnesses and assistance necessary for said defense. The cost of any such assistance shall be paid by SBPEA. 1- , , 2002-76 SBPEA, upon,its compromise or settlement of such action or matter, shall immediately pay the parties to such action all sums due under such settlement or compromise. SBPEA, upon final order and judgment of a court or of competent jurisdiction awarding damages or costs to any employee, shall pay all sums owing under such order or judgment The provisions of this Article relating to agency shop shall become null and void during the period of any violation of SBPEA of the no-strike provisions of this MOV found in Article II, Section 2. This MOV will be in effect for the three-year period commencing July 1, 2001, and ending June 30, 2004. Agency shop will continue as long as SBPEA is the recognized bargaining organization, DATE: 4-J-Jco.J- REPRESENTATIVES OF: ATTEST:~~' ~ C CLERK FOR THE CITY: ~(~ , .. EXHIBIT 'A' SIDE LETTER TO RESOLUTION NO. 2001-303 FOR GENERAL UNIT EMPLOYEES The following sets forth the Side Letter to Resolution No. 2001-303 for full-time General Unit Employees: Article I. Section 2 - Employee Ril!hts A. Employees of the City shall have the right to form, join and participate in the activities of SBPEA for the purpose of representation on all matters of Employer-Employee Relations, including but not limited to, wage, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations, but will be required to pay a service fee. pursuant to Article II. Section 3. herein. B. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City, or SBPEA, or other employee organization(s) because of the exercise of his/her rights under this Article. C. The City, through its representatives, shall meet and confer in good faith only with representatives of formally recognized employee organizations regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment. Article II. Section 3 - Payroll Deductions for Union Dues (Existing language in this section to be removed in its entirety and replaced with the following:) Under the provisions of SB 739, Chapter 901, of the Statutes of 2000, all current employees and all employees who are hired after this Memorandum of Understanding as approved by the City Council, and who are in a job classification within the SBPEA representation unit covered by this Memorandum of Understanding, shall within thirty (30) working days from mailing of notice of implementation of this Article to employee in the Bargaining Unit, become members of SBPEA or pay a service fee. Each fiscal year, SBPEA shall inform the City in writing of the membership dues per month and the service fee per month. Payment of dues or service fee shall be through payroll deduction to SBPEA. The requirement to pay dues or a service fee shall not apply to employees not represented by SBPEA. Changes in membership fees will take effect within thirty (30) days of written notification. Every employee required to pay a service fee shall annually receive written notice from SBPEA of: 1(0. J3 8/1)0& A. The amount of the service fee which is to be expressed as a percentage of the annual dues per member based upon the chargeable expenditures identified in the notice; B. The basis for the calculation of the service fee; and C. The procedure for appealing all or any part of the service fee. Such written notice shall be sent/distributed to the employee subject to the service fee either: D. At least thirty (30) days prior to collection of the service fee, after which SBPEA shall place those fees subject to objection in escrow pursuant to 8 California Code of Regulations 932995; or E. Concurrent with the initial service fee collection, provided however, that all service fees so noticed shall be held in escrow in total until all objections are identified. Thereafter, only the service fees for service fee objectors shall be held in escrow, pursuant to 8 California Code of Regulations 932995. Prior to the City withholding service fees, SBPEA shall implement a Service Fee Appeal Procedure in accordance with 8 California Code of Regulations 932994 which provides a reasonably prompt opportunity for those employees subject to the service fee to challenge the fee amount before an impartial decision maker. Dues/Service Fees withheld by the City shall be transmitted to the SBPEA Officer designated in writing by SBPEA as the person authorized to receive such funds at the address specified. The parties agree that the obligations herein are a condition of continued employment for employees in positions represented by SBPEA ("unit members"). The parties further agree that the failure of any unit member to remain a member in good standing of SBPEA or to pay the service fee during the term of this Agreement shall constitute, generally, just and reasonable cause for termination. The City shall not be obligated to put into effect any new, changed or discontinued deduction until a SBPEA membership card is submitted to the City's Finance Department in sufficient time to permit normal processing of the change or deduction. No unit member shall be required to join SBPEA or to make a service fee payment if the unit member is an actual verified member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exception shall not be granted unless and until such unit member has verified the specific circumstances with SBPEA by filing a letter from the local head of the religion, body or sect. Employees verified to be conscientious objectors must arrange with SBPEA to satisfy his/her obligation by donating the equivalent amount to a non-labor, non-religion charitable fund, tax-exempt under Section 501(c)(3) of the Internal Revenue Code (IRe), chosen by the employee from the United Way, the American Cancer Society or the March of Dimes. SBPEA shall be responsible for determination under this paragraph. Employees opting not to join SBPEA for the reasons previously stated are responsible for making donations through means other than payroll deduction. Government Code 93502.5 states that proof of the payments (to charities) shall be made on a monthly basis to the public agency as a condition of continued exemption from the requirement of financial support to the public employee organization. SBPEA shall be fully responsible for expending funds received under this Article consistent with all legal requirements for expenditures of employee dues that are applicable to public sector labor organizations. Whenever a unit member is delinquent in the payment of dues or fees, SBPEA shall give the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of said notice shall be forwarded to the City's Human Resources Department. In the event the unit member remains delinquent for a period of sixty (60) days, SBPEA shall request in writing that the City initiate termination proceedings. The termination proceedings shall be governed by applicable City Civil Service Rules and are specifically excluded from the Grievance Procedure. The City shall not deduct monies specifically eannarked for a Political Action Committee or other political activities. SBPEA shall keep an adequate itemized record of its financial transactions and shall make annually to the City, and upon request, to the employees who are members of SBPEA within sixty (60) days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and operating statement certified as to accuracy by the President and Treasurer or corresponding Principle Officer or by a Certified Public Accountant. A copy of financial reports required under or referred to in the Labor-Management Disclosure Act of 1959 or Government Code Section 3546.5 shall satisfy this requirement. This organizational security arrangement shall be null and void if rescinded by a vote of employees in the unit pursuant to Government Code Section 3502.5(d). SBPEA shall defend, indemnify and hold hannless the City and its officers and employees from any claim, loss, liability, cause of action or administrative proceeding arising out of the operation of this Article. Upon commencement of such legal action, administrative proceedings or claim, SBPEA shall have the right to decide and determine whether any claim, administrative proceeding, liability, suit or judgment made or brought against the City or its officers and employees because of any application of this Article shall not be compromised, resisted, defended, tried or appealed. Any such decision on the part of SBPEA shall not diminish SBPEA's defense and/or indemnification obligations under this Agreement. The City, immediately upon receipt of notice of such claim, proceeding or legal action, shall inform SBPEA of such action, provide SBPEA with all information, documents and assistance necessary for SBPEA defense or settlement of such action, and fully cooperate with SBPEA in providing all necessary employee witnesses and assistance necessary for said defense. The cost of any such assistance shall be paid by SBPEA, SBPEA, upon its compromise or settlement of such action or matter, shall immediately pay the parties to such action all sums due under such settlement or compromise, SBPEA, upon final order and judgment of a court or of competent jurisdiction awarding damages or costs to any employee, shall pay all sums owing under such order or judgment. The provisions of this Article relating to agency shop shall become null and void during the period of any violation ofSBPEA of the no-strike provisions of this MOD found in Article II, Section 2, This MOD will be in effect for the three-year period commencing July 1, 2001, and ending June 30, 2004, Agency shop will continue as long as SBPEA is the recognized bargaining organization. DATE: -Lf-J -JeYJd- ATTEST: ~h_ ~ CITY CLERK REPRESENTATIVES OF: SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION ~ -,;)~- ~0- tlM '!feM~ ~ FOR THE CITY: l tk-- :s~ c