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Home My WebLink About2001-09-09 City CouncilCity of Palo Alto City Manager’s Report 5 TO: FROM: HONORABLE CITY COUNCIL CITY MANAGER DEPARTMENT: HUMAN RESOURCES DATE: SUBJECT: SEPTEMBER 19, 2001 CMR: 357:01 APPROVAL OF RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 1401 OF THE MERIT SYSTEM RULES AND REGULATION REGARDING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND LOCAL 715A, SEIU, AFL-CIO, CLC RECOMMENDATION Staff recommends approval of the attached Tentative Agreement and adoption of the attached resolution amending Section 1401 of the Merit System Rules and Regulations regarding the Tentative Agreement between the City of Palo Alto and the Service Employees’ International Union, Local 715. BACKGROUND In 2000, the State Legislature enacted and the Governor signed into law SB 739, which among other things provided for an agency shop election without employer agreement following good-faith negotiations. This provision requires that 30 per cent of the employees in the bargaining unit sign a petition requesting the election. An "agency shop" is defined as an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization. SB 739 provides for a religious conscientious objection alternative where an amount equal to the agency fee is paid to a charity. DISCUSSION Following negotiations leading to the three-year tentative agreement in June 2001, SEIU met the necessary requirements, including the signed petition, to qualify for the agency shop election. The election was supervised by the State Mediation and Conciliation Service and CMR:357:01 Page 1 of 2 was held on June 6, 2001. Mickie Callahan of the State Mediation and Conciliation Service certified the successful vote, with 264 yes votes and 150 no votes. The attached "Agency Shop Tentative Agreement" sets forth the procedures for implementing the agency shop arrangement in compliance with the provisions of SB 739. RESOURCE IMPACT This recommendation has no resource impact. POLICY IMPLICATIONS This recommendation provides for a new policy enacting and an agency shop arrangement pursuant to the provisions of SB 739. ENVIRONMENTAL REVIEW This action does not require an environmental review. ATTACHMENTS A. Resolution Amending Section 1401 of the Merit System Rules and Regulations B. Agency Shop Tentative Agreement C. Document Certifying the Agency Shop Vote DEPARTMENT HEAD: JAY C. ROUNDS Director of Human Resources CITY MANAGER EMILY ~RISON Assistant City Manager CMR:357:01 Page 2 of 2 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 1401 OF TH~ MERIT SYSTEM RULES AND REGULATIONS REGARDING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND LOCAL 715A, SEIU, AFL-CIO, CLC The Council of the City of Palo Alto does RESOLVE as follows: SECTION I. Section 1401 of the Merit System Rules and Regulations is hereby amended to read as follows: "1401. Memorandum of agreement incorporated by reference. That certain memorandum of agreement by and between the City of Palo Alto and Local 715A, SEIU, AFL-CIO, CLC, consisting of a Preamble and Articles I through XXVII and Appendices A through E, attached thereto and incorporated therein, for a term commencing May i, 2001, and expiring April 30, 2004, is hereby amended by the "Tentative Agreement" between the same parties entered on August I0, 2001, which "Tentative Agreement" is incorporated into these Merit System Rules and Regulations by this reference as though fully set forth herein. Said "Tentative Agreement" revises Article III of the memorandum of agreement to implement an Agency Shop Arrangement. The memorandum of agreement, as amended, shall apply to all employees in classifications represented by said Local 715A, SEIU, AFL-CIO, CLC, except where specifically provided otherwise herein. In the case of conflict between this chapter and any other provision(s) of the Merit System Rules and Regulations, this chapter will prevail over such other provision(s) as to employees represented by said Local 715A, SEIU, AFL-CIO, CLC." SECTION 2. The changes provided for in this resolution shall not affect any right established or accrued, or any offense or act committed, or any penalty of forfeiture incurred, or any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. // // 010521 cl 0032458 1 SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no enwironmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: City Clerk Mayor APPROVED AS TO FORM: Asst. City Attorney City Manager Director of Administrative Services Director of Human Resources 010904 Ips 8120231 2 TENTATIVE AGREEMENT ARTICLE III - UNION ~ ECURITY July. 27, 2001 Section 1. Notice. When a person is hired in any of the covered job classifications, the City shall notify that person that the Union is the recognized bargaining representative for the employee and give the employee a current copy of the Memorandum of Agreement: When a group employee orientation is held for new employees of the bargaining unit, a union representative may make a presentation to such bargaining unit employees for the purpose of explaining matters of representation. The presentation shall not exceed 15 minutes. Section 2. Agency Shop ......................... Section 3. . The City shall supply the Union with: (a) a monthly computer run of the names, addresses and classifications of all bargaining unit employees except those who file wdtten notice with the Human Resources Department objecting to release of addresses, in which case information will be transmitted without address; ~ (b) a list of bargaining unit new hires, terminations and retirements which occurred during the previous month. ,,,Section 4. Payroll Deduction. The City shall deduct Union membership dues, ~, ~, and any other mutually agreed upon payroll deduction, which may include voluntary COPE checkoff, from the bi-weekly pay of.bargaining unit employees. The dues~ deduction must be authorized in writing by th~ employee on an authorization form acceptable to the City and the Union~ ~. The dues deduction form shall include a check box for those employees who wish the Union to receive notification in the event of {Jnsatisfactory work, conduct, or City .shall remit the deducted dues deduction. =ry action taken pursuant to Article XX. to the Union as soon as possible after TENTATIVE AGREEMENT For the City; FOR 8EIU: Date: STATE O~ CAUFO~N~ DEPARTMENT OF INDUSTRIAl- RELATIONS MEDIATION AND GON~CILIATION SERVICE RESULTS OF AGENCY SHOP ELECTION EMPLOYER: CITY OF PALO ALTO EMPLOYEE ORGANIZATION: SEIU LOCAL 715 The following are the results of balloting held at: PALO ALTO The election was held on the question "Do you wish to be covered by an agency shop arrangement which requires all employees to either join the Ur~ion or pay an agency shop fee for representabon 1. Total number of eligible voters .-- ( ~"~’(~ ~ 2. Total number of ballots deposited in the ballot box ....................... {’~ f.~’~ ........ 3. Total number of ballots challenged .......................................... 4. Total number of challenges upheld .......................................... 5. Total number of ballots rejected other than challenges ............. I~fl q 6. Total number of valid ballots .....................................................(Add lines 4 and 5, then subtract from line 2)~ ~ 7. Total number voting "YES" ¯ ..........., ........ / ~ ......8. Total number voting "NO". ........... The above is a true ’, of the election returns. CALIFORNIA STATE MEDIATION AND CONCILIATION SERVICE The undersigned acted as authorized observers in the counting and tabulating of ballots indicated above. We certl that the counting and tabulation were fairly and accurately done, that the secrecy o,f the ba, llots was hereby "fY ¯¯also ackno ge service this tal . Observer: ~=.~F~ For:~, ~’T_Z". (~,~z/.3 -- Observer:_ Observer: For: For: Date: