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HomeMy WebLinkAboutCity Council - 2004-50 RESOLUTION NO. 2004-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION, BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on December 16, 2002,the City Council of Huntington Beach adopted Resolution No. 2002-133 for the purpose of adopting the 2000/03 Memorandum of Understanding (MOU) between the City and the Municipal Employees' Association (MEA); Subsequent to the adoption of the MOU, the City of Huntington Beach and the MEA agreed to changes, corrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement between the City of Huntington Beach and the MEA("Side Letter of Agreement") attached hereto as Exhibit A and incorporated herein by this reference. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: Section 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. Section 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and the MEA. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of July , 2004. ATTEST: City Cler r REVIEWED AND APPROVED: APPROVED AS TO FORM: ity Administrator Yty Atta y �- 1 INITIAT D PROVED: Director o dministratly Services 04reso/MEA sidel6/14/04 Resolution 2004-50 �XttrarT' Side Letter Agreement-- Agency Shop Agreement Between the City of Huntington Beach and the Huntington Beach Municipal Employees Association Effective: July 1, 2004 This is to memorialize an agreement between the City of Huntington Beach (City) and the Huntington Beach Municipal Employees Association (MEA) to reflect agreed upon changes, corrections or clarifications to the existing Memorandum-of-Understanding (adopted December 16, 2002, Resolution 2002-133). All other terms and conditions of the existing side letters and the Memorandum-of-Understanding remain in full force and effect. Both parties agree to continue the meet and confer process in good faith as required by the Meyers-Milias-Brown Act. The goal of the continued meet and confer process is a new Memorandum-of-Understanding between the City and MEA. The subject of the continued meet and confer process shall be all issues between the parties concerning wages, hours, and other terms and conditions of employment. This agreement is to be incorporated into any future Memorandum-of- Understanding between the City and MEA. Resolution 2004-50 AGENCY SHOP AGREEMENT LEGISLATIVE AUTHORITY The City of Huntington Beach (City) and the Huntington Beach Municipal Employees Association (Association) mutually understand and agree that in accordance with State of California law, per adoption of SB 739 (specifically, Government Code Section 3502.5), the Association will be covered by an Agency Shop. As a result of this Agency Shop Agreement between the City and the Association, and as a condition of continued employment, this Agency Shop Agreement hereby requires that all bargaining unit employees represented by the Association: 1. Elect to join the Association and pay association dues; 2. Pay an agency fee for representation; 3. Or with a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. The following agency shop agreement will be implemented in conformity with California Government Code Section 3502.5 and applicable law and will be incorporated into any successor Memorandum of Understanding entered into between City and Association, unless rescinded pursuant to the terms of this agreement. ASSOCIATION DUES/AGENCY FEE COLLECTION Effective with the pay period beginning July 31, 2004, the City shall deduct Association dues, agency fee and religious exemption fees from all employees who have signed a written authorization and a copy of that authorization has been provided to the Human Resources Manager at least three weeks before that date. The authorization shall indicate whether association dues, agency fee or religious exemption fees shall be deducted and shall be jointly developed by the City and the Association. Employees who do not sign the written authorization, or whose written authorization is not provided to the Human Resources Manager at least three weeks before the beginning of the pay period when deductions under this Agency Shop Agreement are to begin, shall be subject to the agency fee deduction. Employees on leave without pay or employees who earn a salary less than the Association deduction shall not have association dues, agency fee, or religious exemption fees deducted for that pay period. The agency fee is a fee equal to direct representation costs as determined by the Association's certified financial report. The Association shall notify the Human Resources Manager of the amount of the association dues and the agency fee to be deducted from the unit members' paychecks three weeks prior to the date of the first deduction and then once per year thereafter by September 1st, for implementation in the first full pay period beginning in October of each year. 2 Resolution 2004-50 NEW HIRE NOTIFICATION Effective July 31, 2004, all new hires in the Bargaining Unit shall be informed by the Human Resources Manager or designee, at the time of hire, that an Agency Shop Agreement is in effect for their classification, by providing a copy of this agreement, the Memorandum of Understanding and a form, mutually developed between the City and the Association that outlines the employee's choices under the Agency Shop Agreement. The employee shall be provided thirty (30) calendar days from the date of hire to elect their choice and provide a signed copy of that choice to the Human Resources Manager. Deductions under this Agency Shop Agreement for new hires will start with the first full payroll period beginning 30 days after the new hire submits his/her selection to the Human Resources Manager. The Association may request to meet with new hires at a time and place mutually agreed upon between the City and the Association. FAILURE TO PAY DUES/FEES All unit employees who choose not to become members of the Association or resign from Association membership shall be required to pay to the Association a representation service fee (the agency fee referenced in this Agency Shop Agreement) that represents such employee's proportionate share of the Association's cost of legally authorized representation services on behalf of unit employees in their relations with the City. Such agency fee shall in no event exceed the regular, periodic membership dues paid by unit employees who are members of the Association. Unit employees who change their status (from Association member to agency fee payer or to religious exemption, or vice-versa) after the effective date of this Agency Shop Agreement shall be subject to the terms of the changed status with the first full pay period beginning thirty (30) days or more after the employee informs the Human Resources Manager of the change in writing on a form to be jointly developed by the City and the Association. RELIGIOUS EXEMPTION Any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to pay an agency fee, but shall pay by means of mandatory payroll deduction an amount equal to the agency fee to a non- religious, non-labor charitable organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the Association to any of the non-labor, non-religious charitable organizations offered by the Association for this purpose, at the choice of the employee. To qualify for the religious exemption the employee must provide to the Association a written statement of objection, along with verifiable evidence of membership in a religious body as described above. The City will implement the 3 Resolution No. 2004-50 change in status, with the first full pay period beginning thirty (30) days or more after the employee submits the appropriate form to the City to change his/her status, unless notified by the Association in writing that the requested exemption is not valid. The City shall not be made a party to any dispute arising relative to the determination of religious exemptions. RECORDS The Association shall keep an adequate itemized record of its financial transactions and shall make a written financial report thereof, in the form of a balance sheet certified as to accuracy by its president and treasurer or corresponding principal officer, or by a certified public accountant, available annually, to the City, to Agency Fee payers and to unit members who elect the religious exemption relating to this Agency Shop Agreement, within 60 days following the end of its fiscal year. All forms submitted by an employee to the City, or by the Association on behalf of an employee, shall be retained by the City in the employee's personnel file. The Human Resources Manager or designee shall provide the Association a list of all unit members with dues paying status with each association dues check remitted to the Association. This list and the association dues shall be submitted by the City to the Association within three weeks of each pay period. RESCISSION OF AGREEMENT The Agency Shop Agreement may be rescinded at any time during the period of time that the Association remains the exclusive bargaining agent for the unit employees, by a majority vote of all the employees in the bargaining unit. A request for such vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees in the unit. The election shall be by secret ballot and conducted by California State Mediation and Conciliation and in accordance with state law. INDEMNIFICATION The Association shall indemnify, defend and hold the City harmless from and against all claims and liabilities as a result of implementing and maintaining this Agency Shop Agreement. The City and the Association recognize the right of the employees to form, join and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to join or participate in employee organization activities. During the life of this agreement all unit members who choose to become members of the Association shall be required to maintain their membership in the 4 Resolution No. 2004-50 Association in good standing, subject however, to the right to resign from membership no sooner than April 15, or later than May 15, of any year this agreement remains in effect. Any unit member may exercise the right to resign by submitting a written notice to the Association and to the City during the resignation period on the Deduction Authorization/Change in Status form. The change in deductions from the employee's payroll will be effective with the first full pay period beginning 30 days or more after the Human Resources Manager receives the employee's written notice. The City and the Association agree that neither shall discriminate nor retaliate against any employee for the employee's participation or non-participation in any Association activity. PAYROLL DEDUCTION Effective with the pay period beginning July 31, 2004, the City will deduct from each paycheck of unit employees, and remit to the Association, the normal and regular Association dues and agency fees, in the timelines described as voluntarily authorized in writing by the employee, subject to the following conditions: (1) Such deductions shall be made only upon submission of a Deduction Authorization/Change in Status form to the Human Resources Manager. Said form shall be duly completed and signed by the employee. If no form is completed by the employee, the employee shall be subject to the agency fee. (2) The City shall not be obligated to put into effect any new, changed or discontinued deduction until the first full pay period commencing thirty (30) days or longer after such submission. Every effort will be made by the City to remit dues to the Association within three weeks of receipt. The Association agrees to indemnify and hold the City harmless against any and all suits, claims, demands and liabilities that may arise out of, or by reason of, any action that shall be taken by the City for the purpose of complying with this Section. 5 Resolution No. 2004-50 It is the understanding of the City of Huntington Beach and the Huntington Beach Municipal Employees Association that this side letter to the existing Memorandum-of-Understanding (adopted December 16, 2002, Resolution 2002-133) is of no force or effect whatsoever unless and until adopted by resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this side letter to the Memorandum-of-Understanding this #��day of June, 2004. HUNTINGTON BEACH CITY OF HUNTINGTON BEA H MUNICIPAL EMPLOYE S ASSOCIATION N/&"' qli'4 &4r William P. Workman n Von Holle Assistant City Administrator resident C'Q Clay Ma;A Robert Hidusky Director'of Administrative Services Vice-President Steven M. Berliner William W. Davis Chief Negotiator Legal Counsel APPROVED AS TO FORM: n nnifer McGrath City Attorney 6 Res. No. 2004-50 STATE OF CALIFORNIA COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH } 1, JOAN L. FLYNN the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 6th day of July, 2004 by the following vote: AYES: Sullivan, Coerper Hardy, Green, Boardman, Cook NOES: None ABSENT: Houchen ABSTAIN: None C Clerk and ex-officidtierk of the City Council of the City of Huntington Beach, California