CC 04-17-2018 Exhbit Item No. 9 Staff report CEA MOU redlined side letters1
OFFICE OF ADMINISTRATIVE SERVICES
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: April 17, 2018
Subject
Approve resolution amending the Memorandum of Understanding between the City of
Cupertino and the Cupertino Employees Association (CEA), for the period of October
1, 2016 to June 30, 2019, to include side letters regarding Assembly Bill 119 and the
establishment of a Labor Management Committee.
Recommended Action
Adopt Resolution No.______ amending the Memorandum of Understanding between
the City of Cupertino and the Cupertino Employees Association (CEA), for the period
of October 1, 2016 to June 30, 2019, to include side letters regarding Assembly Bill 119,
Government Code 3555‐3559; and the establishment of a Labor Management
Committee.
Description
Human Resources staff recently met with the bargaining unit representative of
CEA/IFPTE Local 21 to discuss two amendments to the Memorandum of Understanding
(MOU) negotiated for the period of October 1, 2016 through June 30, 2019. As a result of
this meeting, the following two agreements were reached and we are asking Council’s
approval to incorporate these agreements as side letters to the current MOU.
Assembly Bill 119, enacted in June of 2017, requires public employers to provide written
notice of, and access to, any and all new employee orientation meetings to the bargaining
unit representing those new employees. The purpose of this access is to allow CEA
members or IFPTE Local 21 representatives to meet privately with the new employee to
provide information regarding the rights and obligations created by the labor agreement,
the role of the bargaining unit representative, and to answer questions. In addition, AB
119 provides that public employers must: (1) provide labor groups with at least 10 days’
notice of a new employee orientation session, (2) provide the name, position, and
personal contact information of new employees to the union within 30 days of hire, and
(3)provide a list of names, positions, and contact information of all employees
represented by the bargaining unit every 120 days. New section 2.1.4 to the existing
CC 4/17/18 Item #9
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MOU, memorialized in the attached side letter (Attachment A) satisfies the City’s
bargaining obligations under this new legislation. During the meet and confer session
regarding the City’s obligations under AB 119, Human Resources agreed to: (1) provide
at least 10 days’ written notice to CEA of all new employee orientation meetings for
positions represented by CEA; (2) provide an employee’s work and personal contact
information within 30 days of hire or by the first pay period of the month following hire;
and (3) provide CEA with the same detailed information for all employees within the
bargaining unit at least every 90 calendar days.
At the same meet and confer session, the City agreed to the request of CEA/IFPTE Local
21 to establish a Labor Management Committee, which would meet on a regularly
scheduled basis outside of formal negotiations, in order to explore mutual concerns and
exchange information. Under the Labor Management Cooperation Act of 1978, the
establishment of such committees was to: (1) improve communication between
representatives of labor and management; (2) provide workers and employers with
opportunities to study and explore new and innovative joint approaches to achieving
organizational effectiveness; (3) assist workers and employers in solving problems of
mutual concern not susceptible to resolution within the collective bargaining process;
(4) study and explore ways of eliminating potential problems which reduce
competitiveness; (5) enhance involvement of workers in making decisions that affect
their working lives; (6) expand and improve working relationships between workers
and managers; and (7) encourage free‐collective bargaining by establishing continuing
mechanisms for communication between employers and employees. The City currently
has a Labor Management Committee with the Operating Engineers Local 3 (OE3)
bargaining unit, and believes the creation of such a committee will be of benefit to the
City and its employees.
The two amendments will be incorporated into the next Memorandum of
Understanding between the City and the Cupertino Employees Association.
Fiscal Impact
There is no fiscal impact to the City as a result of approving the three contract
amendments.
Prepared by: Leslie Dornell, Human Resources Manager
Reviewed by: Kristina Alfaro, Administrative Services Director
Approved for Submission by: David Brandt, City Manager
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Attachments:
A ‐ Draft Resolution
B ‐ Agreement: Access to New Employees
C ‐ Agreement: Labor Management Committee – Redlined
D ‐ Agreement: Labor Management Committee – Clean
RESOLUTION NO. ________
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 signed 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.
PASSED 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:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_________________________ ___________________________________
Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino