HomeMy WebLinkAboutAGENDA REPORT 2003 1119 CC REG ITEM 10GITEM 10. G.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, ATCM /City Clerk
DATE: November 13, 2003 (CC Meeting of 11/19/03)
.G,
SUBJECT: Consider Fourth Addendum to Memorandum of Agreement (MOA)
with Service Employees International Union AFL -CIO, CLC
Local 998 Pertaining to Agency Shop Arrangement
BACKGROUND
On September 5, 2001, the City Council approved a revised Memorandum
of Agreement (MOA) ending June 30, 2004, with Service Employees
International Union AFL -CIO, CLC Local 998. Since that MOA approval
in 2001, three addendums have been approved, as described on
Attachment A. Currently, a Fourth Addendum is proposed to add Agency
Shop language in accordance with State Government Code provisions
(see Attachment A, draft Fourth Addendum). Local 998 has requested
the Fourth Addendum in exchange for withdrawing an appeal of a
Bargaining Unit modification.
An additional revision proposed with this Fourth Addendum is to
incorporate approval of December 26, 2003, and January 2, 2004, as
one -time paid holidays, as previously discussed by the City Council.
DISCUSSION
Staff supports a Fourth Addendum to the MOA to add the additional
holiday and Agency Shop language. An Agency Shop election was held
in May 2002 in accordance with Government Code provisions. An Agency
Shop was approved for General Unit employees. Supervisory/
Confidential Bargaining Unit and management employees are exempt from
Agency Shop, and would continue to be exempt with the proposed Fourth
Addendum to the MOA. Local 998 representatives have reviewed the
attached Fourth Addendum and support approval.
Staff is requesting that the City Council approve the Fourth Addendum
to the MOA and authorize the City Manager to sign the amendment, with
the final language to be approved by the City Manager.
000228
Honorable City Council
November 19, 2003, Regular Meeting
Page 2
STAFF RECOMMENDATION
Authorize the City Manager to approve the Fourth Addendum to the MOA
with the final language to be approved by the City Manager.
Attachment :
A. Draft Fourth Addendum to MOA
Honorable City Council
November 19, 2003, Regular Meeting
Page 3
ATTACHMENT A
FOURTH ADDENDUM TO SEPTEMBER 2001
MEMORANDUM OF AGREEMENT BETWEEN SERVICE
EMPLOYEES INTERNATIONAL UNION AFL -CIO,
CLC, LOCAL 998, AND CITY OF MOORPARK
THIS FOURTH ADDENDUM, made and entered into this day of
November, 2003, by and between Service Employees International Union
AFL -CIO, CLC, Local 998 ( "Local 998 ") and the City of Moorpark
( "City "), a Municipal corporation, located in the County of Ventura,
State of California, which is entered into with reference to the
following recitals.
RECITALS
WHEREAS, Local 998 entered into a revised Memorandum of Agreement
( "MOA ") with the City, effective from date of ratification by both the
employees and the City Council in September 2001 up to and including
Midnight, June 30, 2004; and
WHEREAS, on December 19, 2001, the City Council authorized the
City Manager to approve an amendment to the MOA to incorporate
revisions to Section 1101, Paid Assigned Holidays, to add a December
31 holiday, consistent with Attachment 1 to the First Addendum; and
WHEREAS, on May 15, 2002, the City Council authorized the City
Manager to approve an amendment to the MOA to incorporate additional
revisions to Section 1101, Paid Assigned Holidays, to revise the
language for the December 31 holiday and add a holiday that would
fall on either July 3 or July 5, consistent with the language in
Attachment 1 to the Second Addendum; and
WHEREAS, on September 4, 2002, the City Council authorized the
City Manager to approve an amendment to the MOA to add a new Section
607 to Article 6 pertaining to adding two new steps (2.5 percent each
for a total of 5 percent) to each salary range, and to add a new
subsection 5 in Article 14, Miscellaneous, pertaining to the
performance evaluation process, consistent with the language in
Attachment 1 to the Third Addendum; and
WHEREAS, on November 19, 2003, the City Council authorized the
City Manager to approve an amendment to the MOA to add December 26,
2003, and January 2, 2004, as one -time holidays, consistent with the
language in Attachment 1 to the Fourth Addendum, and to add Agency
Shop Arrangement language, consistent with Attachment 2 to the Fourth
Addendum.
000230
Honorable City Council
November 19, 2003, Regular Meeting
Page 4
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS,
BENEFITS AND PREMISES CONTAINED HEREIN, THE PARTIES AGREE TO THE
FOLLOWING REVISIONS TO THE MOA:
The MOA between Local 998 and the City shall be amended
consistent with Attachments 1 and 2 to this Fourth Addendum, which
attachments show the additional language to be incorporated into the
MOA.
IN WITNESS WHEREOF, the parties hereto have caused this Fourth
Addendum to the MOA between Local 998 and the City to be executed the
day and year first above written.
ON BEHALF OF THE CITY:
Steven Kueny, City Manager
ATTEST:
Deborah S. Traffenstedt
City Clerk
ON BEHALF OF LOCAL 998:
Robert Vodka, Chief
Spokesperson
Mark Pachowicz, Executive
Director
John Casillas, President
Moorpark Chapter Local 998
Teresa Jones, Local 998 Unit
Representative
Mario Riley, Local 998 Elected
Negotiator
Attachment 1: Revision to Article 11 of MOA pertaining to Holidays
Attachment 2: New Agency Shop language to be incorporated into MOA
000231
Honorable City Council
November 19, 2003, Regular Meeting
Page 5
ATTACHMENT 1
REVISION TO ARTICLE 11, PAID ASSIGNED HOLIDAYS, OF SEPTEMBER
2001 MEMORANDUM OF AGREEMENT BETWEEN SERVICE EMPLOYEES
INTERNATIONAL UNION AFL -CIO, CLC, LOCAL 998, AND CITY OF
MOORPARK (Revised language is shown with legislative format.)
Sec. 1101 PAID ASSIGNED HOLIDAYS:
1. New Year's Day, January 1;
2. Martin Luther King's Birthday, the third Monday in
January;
3. President's Day, the third Monday in February;
4. Cesar Chavez day, March 31, as follows:
a) If March 31 falls on a Sunday, Monday, Tuesday,
or Wednesday, then the holiday will be observed
on Monday;
b) If March 31 falls on a Thursday, Friday, or
Saturday, then the holiday will be observed on
Friday.
5. Memorial Day, the last Monday in May;
6. July 4 and either July 3 or July 5 as follows:
a) July 3 - Eight hours if this date falls on
Monday;
b) July 5 - Eight hours if this date falls on a
Friday;
7. Labor Day, the first Monday in September;
8. Veteran's Day, November 11;
9. Thanksgiving Day, the fourth Thursday in November;
10. The day after Thanksgiving;
11. Christmas Day, December 25;
12. Christmas Eve (December 24) as follows:
a) Four hours if this date falls on Tuesday,
Wednesday, Thursday or Friday;
b) Eight hours if this date falls on Monday;
c) No hours if this date falls on Saturday or
Sunday.
13. December 31 as follows: Eight hours if this date falls
on a Monday.
14. And every day appointed by the President of the United
States or Governor of this State for public feast,
Thanksgiving or holiday, when specifically authorized
by the City Council.
Except numbers 6.a. (July 3) and 6.b. (July 5), 12.
(December 24), 13. (December 31), or 14., above, if a paid
assigned holiday falls on a Saturday, the preceding Friday
shall be the holiday in lieu of the day observed. Except
numbers 6.a. (July 3) and 6.b. (July 5), 12. (December 24),
000232
Honorable City Council
November 19, 2003, Regular Meeting
Page 6
13. (December 31), or 14., above, if a paid assigned
holiday falls on a Sunday, the following Monday shall be
the holiday in lieu of the day observed. For those
employees regularly scheduled to work Saturday and /or
Sunday, the paid assigned holiday shall be the day on which
the holiday actually occurs.
The Cesar Chavez, July 3, July 5 and December 31 holidays
are subject to the revised holiday pay language in Sections
1102 and 1103.
In addition to the paid assigned holidays listed as 1 -14,
herein, December 26, 2003 and January 2, 2004, shall be
one- ti�nf_paid assigned holidays, and are subject to the
revised holiday pay lar_quage in Sections 1102 and 1103.
Sec. 1102 WORK ON HOLIDAYS: Full -time employees who are required to
work on a paid assigned holiday shall, in addition to
receiving straight time, not to exceed eight (8) hours per
holiday, be paid in cash at one and one -half their then
regular rate of pay for hours actually worked, up to eight
(8) hours, not to exceed eight (8) hours per holiday. Any
time worked in excess of eight (8) hours on a paid
assigned holiday shall be paid in cash at two and one -half
(2 1'2) times their then regular rate of pay. Any full -time
employee, whose regularly scheduled day off falls on a
paid assigned holiday and who is not required to work on
said holiday, shall be credited with eight (8) vacation
leave hours for each such holiday.
Full -time employees required to work on the Cesar Chavez,
July 3, July 5, or December 31 holidays shall receive
straight -time pay, not to exceed eight (8) hours, and shall
also be credited with one hour of vacation leave for each
hour worked on the referenced holidays, not to exceed eight
(8) hours. Any hours worked in excess of eight (8) hours
on the Cesar Chavez, July 3, July 5, and December 31
holidays shall be paid in cash at two and one -half (2 'ri)
times the employee's regular rate of pay.
Full -time employees required to work on the December 26,
2003, and January 2, 2004, holidays shall receive straight-
time pay, not to exceed eight (8) hours, and shall also be
credited with one hour of vacation leave for each hour
worked on the referenced holidays, not _to exceed_ eight__(8)
hours. Any hours worked in excess of eight (8) hours on
the December 26, 2003, and January 2, 2004, holidays shall
be paid in cash at two and one -half (2 i) times the
employee's regular rate of pay.
000233
Honorable City Council
November 19, 2003, Regular Meeting
Page 7
Sec. 1103 HOLIDAY POLICY FOR REGULAR PART -TIME ENPLOYEES: Employees
whose regular schedule is less than full time shall
receive holiday credit on a pro rata basis, receiving pay
or vacation based on their regular scheduled hours for the
fiscal year.
Regular part -time employees required to work on the Cesar
Chavez, July 3, July 5, and December 31 holidays shall
receive straight -time pay for hours worked and shall
receive pro -rated vacation leave as credit for the
holiday, consistent with applicable provisions in the
Personnel Rules.
Regular
part -time
employees required to work
on the
December
26, 2003,
and January 2, 2004, holidays
shall_
receive
s`rai ht-time
Lpay hours worked and shall
receive
pro - .rated
_for
vacation leave as credit
for the
holiday,
consistent
with applicable provisions
in the
Personnel Rules.
000234
Honorable City Council
November 19, 2003, Regular Meeting
Page 8
ATTACHMENT 2
INSERT SECTION 1205 TO ARTICLE 12, LOCAL 998 RIGHTS, OF
SEPTEMBER 2001 MEMORANDUM OF AGREEMENT BETWEEN SERVICE
EMPLOYEES INTERNATIONAL UNION AFL -CIO, CLC, LOCAL 998, AND
CITY OF MOORPARK (All new language)
Sec. 1205 UNION SECURITY "AGENCY SHOP ": This article summarizes the
arrangement between the City and Local 998 concerning
Agency Shop as defined in Section 3502.5 of the Government
Code relating to public employment.
Upon the execution date of the amendment to the Memorandum
of Agreement which incorporates the Agency Shop provisions
of Section 1205, all General Unit employees who choose not
to become members of Local 998 shall be required to pay to
Local 998 a representation service fee that represents such
employee's proportionate share of Local 998 cost of legally
authorized representation services, on behalf of the unit
employees in their relations with the City. Such
representation service fee shall in no event exceed the
regular periodic membership dues paid by General Unit
employees who are members of Local 998. General Unit
employees hired after the effective date of this agreement
shall be subject to its terms immediately after becoming an
employee of the City.
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 not be required to join or financially
support Local 998 as a condition of employment. Upon
determination by the City Manager and the Local 998
Executive Director that an employee qualifies as a
conscientious objector, the employee shall be required, in
lieu of periodic dues or Agency Shop fee to pay sums equal
to the Agency Shop representation service fee to one of the
following nonreligious, nonlabor charitable funds exempt
from taxation under Section 501(c) (3) of the Internal
Revenue Code: Community Care Services of Moorpark, Moorpark
Community Services Center and Food Pantry, Moorpark /Simi
Valley Neighborhood for Learning, or United Way of Ventura
County. As a condition of continued exemption from the
requirement of financial support to Local 998, the employee
shall be required to have the charitable fund payments made
through payroll deduction.
000235
Honorable City Council
November 19, 2003, Regular Meeting
Page 9
As a condition of the Agency Shop arrangement, Local 998
shall keep an adequate itemized record of its financial
transactions and shall make available annually to the City
and to the employees who are members of Local 998, within
60 days after the end of its fiscal year, a detailed
written financial report. A copy of such financial report
shall be provided annually to the City Manager, City of
Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021.
Local 998 shall make available to General Unit employees
required to pay an Agency Shop representation service fee
under this arrangement, at its expense, an escrow and
administration appeals procedure for challenging the amount
of the fee that complies with the requirements of
applicable law.
Local 998 herein agrees to fully indemnify the City and its
officers, employees, agents and contract staff against any
and all claims, proceedings and liability arising directly
indirectly, out of any actions taken or not taken by or on
behalf of the City under this Agency Shop arrangement and
to reimburse the City of its costs in defending against any
such claims, proceedings or liability.
The Agency Shop provisions of Section 1205 may be rescinded
by a majority vote of all the employees in the General Unit
represented by Local 998, provided that: (1) a request for
such a vote is supported by a petition containing the
signatures of at least 30 percent of the employees in the
General Unit; (2) the vote is by secret ballot; and (3) the
vote may be taken at any time during the term of the
Memorandum of Agreement, but in no event shall there be
more than one vote taken more frequently than once every
twelve months.
000236