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HomeMy WebLinkAbout05 - Newport Beach City Employees Association MOUMarch 27, 2001 Agenda Item 5 CITY OF NEWPORT BEACH CITY MANAGER'S OFFICE TO: Mayor and City Council FROM: Sharon Wood, Assistant City Manager SUBJECT: Supplemental Memorandum of Understanding with Newport Beach City Employees Association, Providing for an Election on an Agency Shop Provision Recommendation Approve the attached Supplemental Memorandum of Understanding (MOU). Discussion SB 739, which took effect on January 1, 2001, changes the way an "agency shop" arrangement may be established by employee associations. With an agency shop arrangement, employees represented by the bargaining unit are required either to join the association or to pay the association a service fee. Previously, an association would have to negotiate this arrangement with the City as part of the collective bargaining process. Under the new law, the City and association have 30 days to negotiate. If agreement is not reached, a petition signed by 30% of the employees in the bargaining unit causes an election to be held. If a majority of those voting approve, the agency shop must be implemented. The City received a request for agency shop from the City Employees Association (CEA), which represents our clerical and library employees. Pursuant to direction from the City Council, staff negotiated the attached Supplemental MOU. If the Council approves the Supplemental MOU, the City Clerk's office will conduct a secret ballot election to determine if the unit members wish to be covered by an agency shop provision. The Association agrees to comply with all legal requirements regarding agency shop. Although the City is agreeing to collect Association dues and/or service fees through the payroll deduction process, the Association agrees that complying with agency shop provisions shall not be a condition of employment, and that the Association will assume responsibility for enforcement of agency shop provisions. All other provisions of the existing MOU will remain in effect. Staff believes that this is a fair agreement for both parties, as the Association will have the opportunity to benefit from increased participation by represented employees, and will be responsible for enforcement and the majority of increased record - keeping. The Association has ratified the Supplemental MOU. Attachment: Supplemental Memorandum of Understanding 2 MRR -15 -2001 17:38 SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING P.03 This supplemental Memorandum of Understanding amends the Memorandum of Understanding between the City of Newport Beach and the Newport Beach City Employees Association dated July 1, 1998 through June 30, 2001. Except as modified by this supplemental MOU, all the provisions of the Memorandum of Understanding between the City and the Newport Beach City Employees Association remain unchanged. The City and the Newport Beach City Employees Association agree as follows: A. AGENCY SHOP 1. The City will arrange, through the City Clerk's office, to conduct a secret ballot election to determine if unit members wish to be covered by an agency shop provision. A simple majority of those voting shall determine the election outcome. 2. The Association shall comply with all statutory and legal requirements regarding agency shop, should it be approved through the election process. This will include all requisite procedures for appeals, record - keeping, establishment of the service fee amount; designating acceptable charities pursuant to Section 3502.5 of the Government Code, etc. 3. The City and Association shall agree on an appropriate fact sheet explaining agency shop for distribution to unit members prior to the election. 4. Complying with agency shop provisions shall not be a condition of employment. Enforcement shall be the responsibility of the Association; utilizing appropriate civil procedures. The City will cooperate with Association efforts to achieve enforcement. 5. The collection of Association dues and/or service fees shall continue to be handled through the payroll deduction process. 6. The Association and UPEC -LIUNA 777 agree to defend, indemnify and hold harmless the City for its actions pursuant to this section. Except as provided herein, the Memorandum of Understanding between the City and the Newport Beach City Employees Association remains in full force and effect. This supplemental Memorandum of Understanding shall be incorporated into the Memorandum of Understanding between the City and Association for the contract period beginning July 1, 1998 through June 30, 2001. FOR THE CITY OF NEWPORT BEACH mno_.c. nnn. .n..n FOR THE NEWPORT BEACH CITY EMPLOYEES ASSOCIATION TOTAL P.03