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