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CC Resolution No. 18-033 Amending Memorandum of Understanding (MOU) between the City of Cupertino and the City Employees' Association (CEA)RESOLUTION NO. 18-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF CUPERTINO AND THE CITY EMPLOYEES' ASSOCIATION (CEA) WHEREAS, meetings have been held over proposals concerning Assembly Bill 119 and concerning the establishment of a Labor Management Committee between representatives of the City and of the City Employees' Association (CEA), the recognized representative of the Miscellaneous Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in amendments to the Memorandum of Understanding sig~ed by both parties, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the attached two amendments and incorporate both as side letters to the Memorandum of Understanding between the City of Cupertino and the City Employees' Association dated October 1, 2016 through June 30, 2019. PASS ED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of April, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Paul, Sinks, Chang, Scharf, Vaidhyanathan None None None APPROVED: ~~i ~ ~ ( ~-/'J Darcy Paul, ¥or, City of Cupertino Grace Schmidt, City Clerk Addendum to CEA Memorandum of Understanding of October 1, 2016 -June 30, 2019 NEW SECTION 2.1.4: ACCESS TO NEW EMPLOYEES The Employer shall provide CEA written notice of, and access to, new employee orientation as set forth below . A. Notice: The Employer shall provide at least 10 days' written notice by email, to addresses that CEA shall provide, of any new employee orientation for positions in a CEA-represented classification, where information regarding employment status, rights, benefits, duties , responsibilities, or any other employment-related matter is provided . Less than ten (10) days' written notice may be provided where there is an urgent need critical to the City's operations that was not reasonably foreseeable . B. Access : CEA shall notify the new employee and labor relations of a proposed thirty minute time slot, during normal work i ng hours, for a maximum of two representatives, which may be either CEA members or IFPTE Local 21 affiliate representatives, to meet privately with the new employee . The purpose of the meeting shall be to provide information and communicate to its member the rights and obligations created by the contract and the role of the representative, and to answer questions, without management personnel or any other persons present . One representative may be a bargaining unit member, and any such bargaining unit member shall be on without-loss-of-pay status provided the membe r gives his/her supervisor sufficient advance notice . 1. For reasons of operational necessity only, the Employer may notify CEA that the proposed time is unworkable and that CEA must propose an alternate time. C. Information Exchange : Within thirty (30) days of hiring a new employee, or by the first pay period of the month following hire, the employer will provide IFPTE Local 21 w i th the below listed information in a digital or other usable data format : 1) Name 2) Job Title 3) Department 4) Work Location 5) Telephone number(s) [work, home and personal cellular) 6) Personal email address on file with employer 7) Home address of the new hire Similarly, the City of Cupertino will also provide CEA with the above detailed information for all employees within the bargaining unit at least every ninety (90) calendar days in a digital or other usable data format. The above information shall not be provided to CEA if the new hire or current employee within the bargaining unit makes a wri t ten request to opt out of such disclosure . Upon written request of the employee, the City will not disclose the employee's home address, home telephone number, personal cellular telephone number, or personal email address to CEA, in accordance with Cal. Gov. Code Section 6254 .3(c). D. The ability to have a CEA representative present as part of orientation/onboarding shall not result in a delay of an employee's start date. E. Resolution of the above language satisfies the City's bargaining obligations under AB 119, Government Code Section 3555-3559 . For City of Cuperti o For Cupertino Employees --~:z::::= '). /J --10 -17 Addendum to CEA Memorandum of Understanding of October 1, 2016 -June 30 , 2019 NEW SEC TION 5: LABOR MANAGEMENT COMMITIEE Labor Management Committee (LMC): The parties agree that regular meetings to explore mutual concerns will be beneficial to the relationship between the City and the Union . To promote a problem- solving approach, the parties agree that decision making shall be cooperative . The Committee shall meet at least quarterly, or upon the w r itten request of either party, fo r the purpose of discussing any issue concerning the rights of either party or the relationship between the City and the Union or the City and employees the Union represents . The purpose of the meetings is to exchange information and to solve problems or issues . If the issue is not resolved , it may be placed on the agenda for the next quarterly labor management meeting . Grievances shall not be discussed at such meetings . Matters subject to the duty to bargain and not appropriately discussed in another forum may be discussed; however, the LMC shall not have the authority to add to , amend or modify this MOU unless agreed upon by both parties ( CEA/IFPTE Local 21 and the City of Cupertino). The parties agree that such meetings shall not be negotiations and therefore the results of the meetings shall not be binding on the parties. These meetings are not to act as a substitute for the roles and responsib i lities of either a shop steward or other job classificat ions . The LMC shall consist of up to five members ap 'po i nted by the Union executive boa r d, and at least two members of management with representation from the operating department(s) affected by the issues discussed and from Human Resources .