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Home My WebLink AboutAGENDA REPORT 2008 0116 CC REG ITEM 10NRAN 10. N. MOORPARK CITY COUNCIL:.._.. AGENDA REPORT TO: Honorable City Council FROM: Deborah S. Traffenstedt, Administrative Services Director �] jT DATE: January 4, 2008 (CC Meeting of 1/16/08) SUBJECT: Consider Approval of Agreement between City of Moorpark and Service Employees International Union (SEIU) Local 998 and Local 721 to Transfer Representation from Local 998 to Local 721 BACKGROUND On June 21, 2006, the City Council approved a Memorandum of Understanding (MOU) ending June 30, 2008, with Service Employees International Union (SEIU) Local 998. Following approval of the MOU, there has been a statewide reorganization involving SEIU locals, and the City has now been requested to execute an agreement approving the transfer of representation of the City's Competitive Service employees from Local 998 to Local 721. DISCUSSION A copy of the most recent letter from SEIU on this subject and draft agreement are attached (other SEIU enclosures are not included with this report, but were previously distributed to the City Council at the time of receipt). The City Attorney's office has reviewed the letter from the Union dated November 9, 2007, and is recommending that the City Council authorize the City Manager to approve an Agreement that would recognize the transfer of representation from SEIU Local 998 to Local 721, subject to final language approval by the City Attorney and City Manager. The proposed Agreement does include indemnification language. STAFF RECOMMENDATION Authorize the City Manager to sign the Agreement, subject to final language approval by the City Attorney and City Manager. Attachment: Letter from SEIU dated 11/9/07 and Draft Agreement i 00 FY2 LOCAL 721 �•� ATTACHMENT:, November 9, 2007 Steven Kueny City Manager 1 SE1U City of Moorpark SERVICE EMPLOYEES 799 Moorpark Ave INTERNATIONAL UNION, CTW, CLC Moorpark CA 93021 -1136 PROVISIONAL OFFICERS Annette Grajeda Re: Renewed Request for Amendment to Certification PRESIDENT Dear Mr. Kueny: Bob Schoonover Los Angeles City Maintenance The Union previously requested that you execute an agreement amending the VICE PRESIDENT certification as the recognized employee organization from SEIU Local 998 to SEIU Annette Jeffries LA County Dept of Children & Local 721. The Union made this request based on a statewide reorganization plan Famil Services RETARY involving SEIU locals. B ased on recent events, we respectfully request that you Kathleen Austria reconsider your prevision position and execute the enclosed agreement to amend the LA County Dept of Health Services certification. TREASURER PROVISIONAL DIRECTORS Since the time of our initial request PERB. has issued two separate administrative Joaquin Avalos determinations relating to the SEIU reorganization. In the first case, the PERB Santa Ana /Orange County Regional Attorney dismissed an unfair practice claim filed by employees after the AT -LARGE County of Orange voluntarily recognized SEIU Local 721. In the second case Shannon Boggs Ventura County Child Support involving three SEIU Locals representing units at the Alameda County Medical g p g ty ORGANIZING Center, the PERB Regional Attorney determined that it was appropriate to amend Tony Bravo the certification for each of the affected bargaining units to the newly formed SEIU LA County Dept of Children & Family Services Local 1021. Additionally, the NLRB recently issued a decision abandoning its prior AT -LARGE requirement that a union conduct a membership vote on an affiliation or merger in Stephen Butler Riverside County DPSS order for the successor to maintain its status as the exclusive representative. [Copies o p � p f COUNTIES the PERB determinations and NLRB decisions are enclosed.] Grace Corse LA County Dept of Health Services The enclosed agreement includes an indemnification provision but is otherwise REGISTERED NURSES similar to the one provided earlier this year. From our point of view, it is both legally Linda Templeton Dent and factually appropriate for you to voluntarily agree to amend the certification to LA County Treasurer/Tax Collector MEMBER INVOLVEMENT reflect SEIU Local 721 as the recognized employee organization. The Union Is Cheryl Elam prepared to seek an amendment to its certification pursuant to PERB regulations but Los Angeles Street Services CITIES would obviously prefer to avoid the time and expense of such an action. I am willing Greg Hagans to meet with you or your representative if there are any questions or concerns about City of Riverside our request. POLITICS Muriel Jones Please let me know your position with respect to this request. I can be reached at Santa Barbara County Probation I (213) 738 -8433 or through e -mail [bob.hunt@seiu721.org]. Your cooperation in this AT -LARGE matter will be greatly appreciated. Rosie Martinez LA County Dept of Public Health Since V SOCIAL & ECONOMIC JUSTICE J , ' Dave Mulvey Tri- County Regional Center 4 ' PRIVATE NONPROFITS v' Robert F. Hunt Angela Portillo Ventura County District Attorney General Counsel EDUCATION & TRAINING Arnell Sims LA County Superior Court Reporter c_ Ms. Gra eda President of SEIU Local 721 j COURTS Sandra Stewart, Deputy Trustee of SEIU 998 HaroldA SterkerJr Joseph Montes, Esq., City Attorney LA County Dept of Public Health HEALTH 03 Sii 3 hftp://www.seiu721.org O 500 S Virgil Ave • Los Angeles CA 90020 -1404 • Tel (213) 368 -8660 • Fax (213) 380 -8040 ❑ 1015 Wilshire Blvd • Los Angeles CA 90017 -2415 • Tel (213) 482 -6660 • Fax (213) 482 -6673 O 309 S Raymond Ave • Pasadena CA 91105 -2607 • Tel (626) 796 -0051 • Fax (626) 796 -2335 O 2472 Eastman Ave Ste 30 • Ventura CA 93003 -5774 • Tel (805) 644 -8291 • Fax (805) 644 -7843 ❑ 933 Castillo 31 • Santa Barbara CA 93101 • Tel (805) 963 41411 • Fax (805) 962 -9643 ❑ Organizing Division: 3345 Wilshire Blvd Ste 508 • Los ❑ 4336 S Market St • Riverside CA 92501 -3518 • Tel (951) 686.7372 • Fax (951) 684 -2134 0 82 -655 Indio Blvd • Indio CA 92201 -3133 • Tel (760) 346 -5506 • Fax (760) 342 -8160 O 1651 E 4th St Ste 120 • Santa Ana CA 92701 -5141 • Tel (714) 543 -1063 • Fax (714) 543 -2871 U 1633 E 4th St Ste 144 • Santa Ana CA 92701 -5143 • Tel (714) 954 -0280 • Fax (714) 954 -0387 Angeles CA 90010 -1819 • Tel (213) 226 -1370 • Fax (2131383 -9142 ®' "' LOCAL 721 .. AGREEMENT This Agreement is made by and between the City of Moorpark (hereinafter SEIUreferred to as the "Employer'), SEIU Local 998 and SEIU Local 721. EMPLOYEES SERVICE Whereas the City of Moorpark members of SEIU Local 998 participated in a INTERNATIONAL UNION, CTW,CLC statewide election to restructure SEIU locals in the state of California; and PROVISIONAL OFFICERS Whereas one aspect of that vote was to transfer all of the Employers employees Annelle Grajeda PRESIDENT represented by SEIU Local from representation by SEIU Local 998 to Bob Schoonover representation by SEIU Local 721. Los Angeles City Maintenance VICE PRESIDENT Therefore, the parties hereto have agreed as follows: Annette Jeffries LA County Dept of Children & Family Services SECRETARY Kathleen Austria LA County Dept of Health Services TREASURER PROVISIONAL DIRECTORS Joaquin Avalos Santa Ana /Orange County AT -LARGE Shannon Boggs Ventura County Child Support ORGANIZING Tony Bravo LA County Dept of Children & Family Services AT -LARGE Stephen Butler Riverside County DPSS COUNTIES Grace Corse LA County Dept of Health Services REGISTERED NURSES Linda Templeton Dent LA County Treasurer/Tax Collector MEMBER INVOLVEMENT Cheryl Elam Los Angeles Street Services CITIES Greg Hagans City of Riverside POLITICS Muriel Jones Santa Barbara County Probation AT -LARGE Rosie Martinez LA County Dept of Public Health SOCIAL & ECONOMIC JUSTICE Dave Mulvey Tri- County Regional Center PRIVATE NONPROFITS Angela Portillo Ventura County District Attorney EDUCATION & TRAINING Amelia Sims LA County Superior Court Reporter COURTS Harold A. Sterker Jr. LA County Dept of Public Health HEALTH hftp://www.seiu721.org 1. As of the date of execution, the certification as the recognized employee organization shall be amended from SEIU Local998 to SEIU Local 721 and the Employer shall recognize SEIU Local 721 as the exclusive representative of the employees with respect to wages, hours and other terms and conditions of employment. . 2. SEIU Local 998 and the employer agree that all terms and conditions of the collective bargaining agreement between SEIU Local 998 and the Employer shall be adopted by SEIU Local 721 and the Employer, and that where the contracts refer to SEIU Local 998 and /or "the Union," all such references shall be understood to be references to SEIU Local 721. 3. SEIU Local 721 agrees to indemnify and hold the City, its officers and employees, harmless from any claims, demands, suits or other action arising from this Agreement. For SEIU Local 998: Date: For SEIU Local 721: Date: For City of Moorpark: Date: Sandra Stewart, Deputy Trustee Annelle Grajeda, President Steven Kueny, City Manager, City of Moorpark O 500 S Virgil Ave • Los Angeles CA 90020 -1404 • Tel (213) 368 -8660 • Fax (213) 380 -8040 O 1015 Wilshire Blvd • Los Angeles CA 90017 -2415 • Tel (213) 482 -6660 • Fax (213) 482 -6673 O 309 S Raymond Ave • Pasadena CA 91105 -2607 • Tel (626) 796 -0051 • Fax (626) 796 -2335 O 2472 Eastman Ave Ste 30 • Ventura CA 93003 -5774 • Tel (805) 644 -8291 • Fax (805) 644 -7843 O 933 Castillo St • Santa Barbara CA 93101 • Tel (805) 963 -4411 • Fax (805) 962 -9643 U Organizing Division: 3345 Wilshire Blvd Ste 508 • Los 4 r �{U( O 4336 S Market St • Riverside CA 92501 -3518 • Tel (951) 686 -7372 • Fax (951) 684 -2134 O 82 -655 Indio Blvd • Indio CA 92201 -3133 • Tel (760) 346 -5506 • Fax (760) 342 -8160 U 1651 E 4th St Ste 120 • Santa Ana CA 92701 -5141 • Tel (714) 543 -1063 • Fax (714) 543 -2871 O 1633 E 4th St Ste 144 • Santa Ana CA 92701 -5143 • Tel (714) 954 -0280 • Fax (714) 954 -0387 Angeles CA 90010 -1819 • Tel (213) 226 -1370 • Fax (213) 383 -9142 , ",