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HomeMy WebLinkAboutResolution No. 05-5857 RESOLUTION NO. 05 -5857 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A SIDE LETTER AGREEMENT, DEALING WITH "AGENCY SHOP ", TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY CITY EMPLOYEES' ASSOCIATION \MAINTENANCE UNIT. WHEREAS, the City has met its obligation to meet and confer pursuant to the Myers - Milias -Brown Act and Employee Relations Ordinance No. 1118 regarding Association's request to have an Agency Shop Agreement; and WHEREAS, the City and the Association have reached agreement setting forth the procedures for an election, dues /service fee deductions and rescission election; and WHEREAS, the City and the Association have memorialized that agreement in a Side Letter of Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Side Letter of Agreement between the City of Downey and the Downey City Employees' Association/Maintenance Unit, attached hereto, is hereby approved in substantially the form thereof together with any additions thereto or changes therein deemed necessary or advisable by the City Manager. SECTION 2. The City Manager or his designee is hereby authorized to execute the agreement. SECTION 3. The City Clerk shall certify to the adoption of this resolution and provide for the distribution thereof. APPROVED AND ADOPTED this 14th day of June, 2005. ANNE M. BAYER, ayor e F ATTEST: .._.. OZIA KATHLEEN L. MTDSTOKKE, City Clerk RESOLUTION NO. 05 -6857 PAGE TWO I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Downey at a regular meeting held on the 14th day of June, 2005, by the following vote, to wit: AYES: 5 Council Members: Cartozian, Gafin, Perkins, Trejo, Mayor Bayer NOES: 0 Council Member: None ABSENT: 0 Council Member: None ABSTAIN: 0 Council Member: None `4e4le/ KATHLEEN L. MIDSTOKKE, City Clerk SIDE LETTER OF AGREEMENT BETWEEN THE DOWNEY CITY EMPLOYEES' ASSOCIATION /MAINTENANCE UNIT (The Association) AND THE CITY OF Downey (The City) DEALING WITH "AGENCY SHOP" 1. Legislative Authority The parties mutually understand and agree that under the Meyers Milias Brown Act (Government Code Section 3500 et seq.) all employees who are in classifications represented by the Downey City Employees' Association /Maintenance Unit have the right to join or not join the Association. However, the enactment of a local "Agency Shop" requires that as a condition of continuing employment, employees in the respective bargaining unit must either join the Association or pay to the Association a service fee in lieu thereof. Such service fee shall be established by the Association, and shall not exceed the standard initiation fee, periodic dues and general assessments of the Association. 2. Election A. The agency shop provisions contained in this agreement shall only go into effect if a simple majority of voting eligible unit members cast votes in favor of agency shop in an election as provided in this Agreement. B. To determine whether employees in the unit wish to be covered by an agency shop provision, an election will be conducted by and in accordance with, procedures established by the California State Mediation and Conciliation Service using a secret ballot. The ballot will state "Do you wish to be covered by an Agency Shop arrangement, which requires all employees to either join the employee organization or pay an agency fee for representation ?" The cost of this election shall be borne by the Association. C. Employees eligible to vote in this election shall be all employees in classifications represented by the Association on the payroll for the most recent month for which data is available. D. The State Mediation and Conciliation Service shall investigate any objections to the conduct of the election and decide matters pertaining to - any challenged ballots. SIDE LETTER AGREEMENT Resolution No. 05 -6857 Page Two 3. Association Dues /Service Fees A. Agency Shop as used in this Article means an organizational security arrangement as defined in Government Code Section 3502.5 and applicable law. B. Commencing within thirty days of the State Mediation and Conciliation Service's certification of approval of the agency shop election results, the Personnel Office shall provide all current employees and any employees hired thereafter, with an authorization notice advising them that Agency Shop for the Association has been enacted pursuant to state law and an agreement exists with the Association, and that all employees subject to the Agreement must either join the Association, pay a service fee to the Association, or provide proof of membership in a religious organization which holds historic opposition to membership in a labor organization. Such notice shall include a form for the employee's signature authorizing a payroll deduction of Association dues, a service fee or a charitable contribution equal to the service fee. Said employees shall have 14 calendar days from the date they receive the form to fully execute it and return it to the Personnel Office. C. If the form is not completed properly or returned within 14 calendar days, the City shall commence and continue a monthly payroll deduction of service fees from the first regular biweekly paychecks of such employee each month. The effective date of Association dues, service fee, or charitable contribution shall begin no later than the beginning of the first regular biweekly paycheck of the month commencing 14 calendar days after receipt of the authorization form by the employee. D. As to non - members objecting to the Association spending their agency fee on matters unrelated to collective bargaining and contract administration, the amount of the agency fee charged shall not reflect expenditures which the courts have determined to be non - chargeable, including political contributions to candidates and parties, members only benefits, charitable contributions and ideological expenditures and, to the extent prohibited by law, shall not reflect expenditures for certain aspects of lobbying, ballot measures, publications, organizing and litigation. E. The Association shall comply with applicable law regarding disclosure and ...� allocation of its expenses, notice to providers of their right to object, provision for agency fee payers to challenge the Association's SIDE LETTER AGREEMENT Resolution No. 05 -6857 Page Three determinations of amounts chargeable to the objecting non - members, and appropriate escrow provisions to hold contested amounts while the challenges are underway. F. The Association shall make available, at its expense, an expeditious administrative appeals procedure to unit members who object to the payment of any portion of the representation service fee. Such procedure shall provide for a prompt decision to be made by an impartial decision - maker jointly selected by the Association and the objecting provider(s). A copy of such procedure shall be made available upon request by the Association to non - members and the City. G. The foregoing description of permissible agency fee charges and related procedures is included herein for informational purposes and is not intended to change applicable law. H. The employee's earnings must be sufficient after the other legal and '~ required deductions are made to cover the amount of the dues or fees authorized. When an employee is in a non -pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee in a non -pay status only during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving short term disability pay (75% pay) during a pay period, no deduction shall be made. In this connection, all other legal and required deductions (including health care and insurance deductions) have priority over Association dues and service fees. 4. Religious Exemption A. Any employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall upon presentation of active membership in such religion, body, or sect, not be required to join or financially support any public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees or agency shop fees, to pay sums equal to the dues, initiation fees or agency shop fees to a nonreligious, non -labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three of these funds, designated in a memorandum of understanding between the SIDE LETTER AGREEMENT Resolution No. 05 -6857 Page Four City and the Association, or if the memorandum of understanding fails to designate the funds, then to any such fund chosen by the employee. Proof of the payments shall be made on a monthly basis to the City as a condition of continued exemption from the requirement of financial support to the Association [Govt. Code Section 3502.5(c)]. B. Declarations of or applications for religious exemption and any other supporting documentation shall be forwarded to the Association within 14 calendar days of receipt by the City. The Association shall have 14 calendar days after receipt of a request for religious exemption to challenge any exemption granted by the City. If challenged, the deduction to the charity of the employee's choice shall commence but shall be held in escrow pending resolution of the challenge. Charitable contributions shall be made by regular payroll deductions only. 5. Rescission The agency shop provision in this memorandum of understanding may be rescinded by a majority vote of all the employees in the unit covered by the memorandum of understanding, provided that: A. A request for such a vote is supported by a petition containing the signatures at least thirty per cent (30 %) of the employees in the unit; B. The vote is by secret ballot; C. The vote ma y any be taken at an time during the term of the memorandum of understanding, but in no event shall there be more than one rescission vote taken during that term. Notwithstanding the above, the City and the Association may negotiate, and by mutual agreement provide for, an alternative procedure or procedures regarding a vote on an agency shop agreement [Govt. Code Section 3502.5(d)]. D. If a "rescission vote" is approved by unit members during the term of a current memorandum of understanding, the Association agrees not to petition for or seek Agency Shop status for the duration of the current memorandum of understanding. SIDE LETTER AGREEMENT Resolution No. 05 -6857 Page Five 6. Indemnification The Association shall indemnify, defend, and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City's compliance with the agency fee obligation including claims relating to the Associations use of monies collected under these provisions [Govt. Code Section 3502.5(b)]. The City reserves the right to select and direct legal counsel in the case of any challenge to the City's Y g Y compliance with the agency fee obligation, and the Association agrees to pay any attorney, arbitrator or court fees related thereto. 7. City Council Approval When the foregoing agency shop provisions are approved by the employees, then authorization to approve this side letter of agreement shall be submitted to the City Council at its next regular meeting following the approval. The Parties hereto have caused this Side Letter of Agreement to be executed the 14 J" day of June, 2005. CITY OF DOWNEY Dated: By: Lee Powell, Assistant City Manager DOWNEY CITY EMPLOYEES ASSOCIATION /MAINTENANCE UNIT Dated: By: Chief Bargaining Representative