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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Or" ,I"> "'"L
EDWARD S. RAYA ,"', -'
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Subject: A RESOLUTION OF THE CITY OF SAN
BERNARDINO APPROVING A SIDE LETTER TO THE
MOU BETWEEN THE CITY OF SAN BERNARDINO
AND EMPLOYEES IN THE GENERAL BARGAINING
UNIT REPRESENTED BY THE SAN BERNARDINO
PUBLIC EMPLOYEES ASSOCIATION APPROVING
AN AGENCY SHOP
Dept:
HUMAN RESOURCES
Date:
DECEMBER 13, 2001
Synopsis of Previous Council Action:
On October 1, 2001, the Mayor and Common Council approved a Resolution of the City of San
Bernardino implernenting a Memorandum of Understanding between the City of San Bernardino
and employees in the General Bargaining Unit of the City of San Bernardino represented by San
Bernardino Public Employees Association.
Recommended Motion:
Adopt Resolution.
_& ~'l\
Sign~
Contact Person:
Edward S. Rava
Phone:
384-5161
Supporting Data Attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
No Cost to the City
Source: (Acet No)
(Acct Description)
Finance: ,fft2ti(l/~jf 4 /~
Council Notes: P J/€ U IOUJLi 1/;),/ !O.J ,-J!: N .
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
A Resolution of the City of San Bernardino approving a side letter to the Memorandum of
Understanding (MOD) between the City of San Bernardino and employees in the General Unit
represented by the San Bernardino Public Employees Association approving an Agency Shop.
BACKGROUND
California Senate Bill 739, which became effective January 1, 2001, allows General Unit
Employees expanded rights including the right to an agency shop. An agency shop agreement
between a union and the City of San Bernardino requires all employees in a bargaining unit to
become dues paying members, or alternatively, pay an eqnivalent fee to the union.
Under SB 739, a union must initiate discussion at the bargaining table; after negotiating for thirty
days, the union can subrnit a petition signed by thirty percent of the members requesting an
election. The San Bernardino Public Employees Association (SBPEA) complied with all the
mandated requirements set forth in SB 739. On October 19, 2001, the State of California
Department of Labor Relations mailed ballots to all General Unit Employees, as identified by the
City. The ballots were due to the State of California on November 6, 2001; on November 14,
2001, representatives of the City of San Bernardino, SBPEA and the State of California counted
the ballots. A total of 207 ballots were received; 140 voted for the agency shop with 67 voting
against it.
As a result of the election, effective January 31,2002, the City of San Bernardino General Unit
Employees will be required to pay $7 per pay period for union dues. These fees will be deducted
from the employees' paychecks at the regular scheduled pay period. This action approves the
Resolution, which amends the MOU to allow for the implementation of the Agency Shop.
FINANCIAL IMPACT
While there is no direct financial impact to the City, there will be some administrative costs
associated with processing the fee payments.
RECOMMENDATION
Adopt Resolution.
HRIAgenda Items:SR.Agency.Shop.SBPEA 01/02102
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City of San Bernardino
INTEROFFICE MEMORANDUM
TO:
The Honorable Mayor and Common Council
Ed ~ Director of Human Resources
FROM:
SUBJECT:
Side Letter to Resolution No. 2001-303
DATE:
February 28, 2002
COPIES:
Stephanie Easland, Deputy City Attorney; Jorge Carlos, Executive
Assistant to the Council
Attached please find a copy of the letter template, which has been sent to all affected
employees in relation the new agency shop and those General Unit employees of elected
officials who are now being placed in the new "Management/Confidential and
Unclassified Employees" group.
Thank you
ESRldp.l
attachment
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February 28, 2002
ADDRESSEE
Dear (employee first name):
Effective January 1, 2001, California Senate Bill 739 altered the requirements for employee
associations to request the right to an agency shop. On October 19, 2001, the San Bernardino
Public Employees Association (SBPEA), in conjunction with the State of California Department
of Labor Relations, mailed ballots to all General Unit Employees as identified by the City. On
November 14, 2001, the ballots were counted A total of 207 ballots were received; 140 voted
for the agency shop with 67 voting against it. An agency shop agreement between the SBPEA
and the City of San Bernardino requires all employees in a bargaining unit to become dues
paying members to the SBPEA, or alternatively, pay an equivalent fee to a charitable or similar
organization.
The Agency Shop has brought to light an issue involving unit assignment of employees working
for elected officials. Under the Charter, employees of elected officials are unclassified and, as
such, are considered "at will employees." The City Attorney's Office has issued an opinion,
which determined that assignment to these bargaining units conferred certain rights on these
employees, which are in conflict with the City Charter.
As a result, you will be moved from the General Unit to the newly retitled
"Management/Confidential and Unclassified Employees" group and also be retitled to
"Unclassified ." Salaries will remain unchanged, however your salary range number will
be changed to reflect assignment to the new group. You will go from Range _ to Range
_ All future salary increases will be based on the language stated in the
"Management/Confidential and Unclassified Employee" resolution. The next cost-of-living
increase will occur on July 1, 2002, which will result in a 2% increase in your current salary
range. Any future merit increases will now be based on performance; and increases can vary
from 1 % to 5%. There will be no change to your current anniversary date. In addition, as a
Management/Confidential and Unclassified Employee, you will not eligible for certification or
bilingual pay.
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Page 2 -
Assignment to the new group will result in a change to the City contribution to your benefit
package. The contribution will increase from $400.00 per month fur Employee and Family
coverage to $880.71 per month. If you are currently paying a portion fur your benefits, you will
realize a savings effective with the March 15, 2002 payroll. However, although the benefit
amount will increase you may not utilize the higher amount to change health plans until the
September 2002 open enrollment period with an effective date of January I, 2003.
If you wish to remain a member of a bargaining unit, the City is willing to consider your request
and attempt to transfer you to a like position in another department, if an opening is available.
Your request to be considered for transfer must be in writing to my attention. Your written
requested should be submitted to the Human Resources Department within 30 days from the date
of this letter.
Should you have any questions, please do not hesitate to contact me at 909-384-5161. I would
be more than happy to meet with you to discuss these changes.
Sincerely,
Edward S. Raya
Director of Human Resources
ESRldp
cc: Judith Valles, Mayor
Council Members
Bonnie Clark, Labor Relations Representative, SBPEA
Stephanie Easland, Deputy City Attorney
Fred Wilson, City Administrator
(EACH EMPLOYEES DEPARTMENT HEAD)
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(G(Q)LBW
Resolution No.
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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
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Director ofHurnan 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.
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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
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common
Council of the City of San Bernardino at a meeting thereof, held on the
day of , 2002, by the following vote, to wit:
COUNCILMEMBERS:
ESTRADA
LIEN
MC GINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
AYES
NA YES
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
The foregoing resolution IS hereby approved this
of
,2002.
Judith Valles, Mayor
City of San Bernardino
Approved as to form and
Legal content:
JAMES F. PENMAN,
City Attorney
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HR/ Agenda Items:RESO.side.Leller.Agency.shop
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EXHIBIT 'A'
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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 hislher 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
e 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:
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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
hislher 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
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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 earmarked 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 harmless 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.
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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 MOU found in Article n,
Section 2.
This MOU 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:
ATTEST:
CITY CLERK
FOR THE CITY:
REPRESENTATIVES OF:
SAN BERNARDINO PUBLIC
EMPLOYEES ASSOCIATION
HR/Agenda Items:Side Letter.Agency Shop 02/06/02
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 7, 2002
TO:
Edward S. Raya, Director of Human Resources
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-76
At the Mayor and Common Council meeting of March 4, 2002, the City of San Bernardino
adopted Resolution 2002-76 - Resolution 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.
Attached are three (3) original agreements. Please obtain signatures in the appropriate locations
and return the original agreements to the City Clerk's Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date:
Please sign and return
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): :J:,".1\ -O.:J- Item #
Vote: Ayes \-, Nays if
Change to motion to amend original documents:
?-;}- Resolution # ? aO d -I h
Abstain kr Absent C+-
Reso. # On Attachments: ~ Contract term: ~
Note on Resolution of Attachment stored separately:-=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: ?, - 5 - G?,
Date of Mayor's Signature: ::,- S -02
Date of ClerklCDC Signature: 3- (., -0 &
NullNoid After: -
By: -
Reso. Log Updated: ,/'
Seal Impressed: ~
Date Memo/Letter Sent for Signature: :) ",-0 ;;.
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: L Date Returned: 4 - 3 -() :r
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (~85, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services
Police Public Services
Water
Notes:
Yes .,/
Yes
Yes
Yes
Yes
No
By
By
By
By
By_
No~
No ,/
No >(
No ./
EDA
Finance
Others: -l-I . 12 .
MIS
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date: Lj-=) -().:;L-
Revised 01/12/01