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Home My WebLink About14-096 - Resolutions RESOLUTION NO. 14-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE MID-MANAGER, SUPERVISORY PROFESSIONAL AND GENERAL LABOR GROUPS. WHEREAS, Representatives of the City of Rancho Cucamonga (City) and the Mid- Manager, Supervisory/Professional and General Labor Groups have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, Representatives of the City and Mid-Manager, Supervisory/Professional and General Labor Groups have agreed upon and presented to this City Council a Side Letter Agreement (see attached Side Letter Agreement) that Amends the Current Memorandum of Understanding effective July 1, 2012, to June 30, 2014, specifying related to related to Association activities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Side Letter Agreement to the Mid-Manager, Supervisory/Professional and General Labor Groups is hereby approved and the Mayor is hereby authorized to sign said Side Letter Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. Resolution No. 14-096 — Page 1 of 5 PASSED, APPROVED, AND ADOPTED this 215t day of May 2014. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None L. Dennis Michael, M or ATTEST: e. /CU&O,P — ice C. Reynolds, C4y Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 2151 day of May 2014. Executed this 22nd day of May 2014, at Rancho Cucamonga, California. Z c' x,e a ice C. Reynolds, Ci y Clerk Resolution No. 14-096 – Page 2 of 5 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION The City of Rancho Cucamonga ("City") and the Rancho Cucamonga City Employees Association ("RCCEA") have a Memorandum of Understanding ("MOU") that commenced on July 1, 2012 and is set to end on June 30, 2014. The Parties now wish to enter into this new Side Letter of Agreement to memorialize the following changes agreed to by both sides. The following Sections are added to the current MOU: SECTION 41: USE OF BULLETIN BOARDS AND CITY EMAIL SYSTEM The City will famish a portion of existing bulletin board space, located in bargaining unit break areas where such bulletin boards currently exist, for RCCEA notices. Such space will be no less than 18" x 24". If insufficient bulletin board space exists in a Bargaining Unit work or break area, the RCCEA may, after receiving approval in writing from the City, put up a bulletin board not to exceed 18" x 24" depending on available space. RCCEA may also distribute notices to covered employees through the City's email system. Bulletin boards and emails shall only be used for the following notices: • Scheduled RCCEA meetings, agenda and minutes. • Information on RCCEA elections and the results. • Information regarding RCCEA social,recreational, and related news bulletins. • Reports of official business of RCCEA, including negotiations, reports of committees or the Board of Directors. City equipment (including City computers, laptops, and tablets), materials, or supplies shall not be used for the preparation, reproduction, or distribution of notices, nor shall such notices be prepared by City employees during their regular work time. Notices that are posted, distributed or placed in an employee's City mailbox shall not be obscene, defamatory, or of a political nature. All notices to be posted must be dated and signed by an authorized representative of RCCEA. RCCEA agrees to follow the City's E-Mail Policy when sending emails to City employees. RCCEA understands that all electronic mail is not confidential, and that the city reserves the right to access and disclose all messages sent over its email system for any purpose in accordance with the City's E-Mail Policy. SECTION 42: AccESS TO WORK LOCATIONS The parties recognize and agree that in order to maintain good employee relations; it is necessary for Labor Relations Representatives and designated Officers and representatives of RCCEA to confer with Bargaining Unit employees during working hours. Therefore, RCCEA Labor Relations Representatives, Officers or representatives will be granted access to work locations during regular working hours to investigate and process grievances or appeals. RCCEA Labor Relations Representatives or Officers shall be granted access upon obtaining advance Resolution No. 14-096 — Page 3 of 5 authorization from the designated management representative prior to entering a work location and after advising the City at least one business day in advance of the requested access, of the general nature of the business. The designated management representative may deny access or terminate access to work locations if, in their judgment, it is deemed that the visit would interfere with the efficiency, safety, or security of City operations. The designated management representative shall not unreasonably withhold timely access to work locations. The City shall ensure.that there is at all times someone designated who shall have full authority to approve access. If a request is denied, the designated management representative shall establish a mutually agreeable time for access to the employee. RCCEA Labor Relations Representatives or Officers granted access to work locations shall limit such visits to a reasonable period of time, taking into consideration the nature of the grievance or appeal. The City shall not unreasonably interfere with RCCEA's access right to work locations and any reasonable denial of access shall not be subject to the grievance procedure. SECTION 43: DUEs DEDUCTION RCCEA membership dues shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization, on a form approved by the City, requesting that such deduction be made. Remittance of the aggregate amount of all membership dues deducted from the pay warrants of employees covered hereby shall be made to an RCCEA account, provided to the City by RCCEA, on a regular basis consistent with the City's regular pay-periods. RCCEA dues shall be deducted in an amount per bi-weekly pay period authorized by the RCCEA Board of Directors. The City shall not be liable to RCCEA, employees, or any party by reason of the requirements of this Article for the remittance of any sum other than those constituting actual deductions made from employee wages earned. RCCEA shall hold the City harmless for any and all claims, demands, suits, orders,judgments or other forms of liability that may arise out of or by reason of action taken by the City under this Article. SECTION 44: USE OF CITY RESOURCES RCCEA may be granted permission to use any City facilities accessible to the general public for meeting purposes, during the regular hours such space is accessible to the public, provided space for such meetings can be made available without interfering with City needs and is otherwise not reserved by any other groups or individuals. RCCEA may also be permitted to use the City Council Chambers, during regular business hours, for RCCEA meetings, provided the City Council Chambers is not otherwise reserved. Permission to use City facilities must be obtained by RCCEA from the appropriate management representative. RCCEA shall be held fully responsible for any damages to, and the security of, any City facilities that are used by RCCEA. SECTION 45: ASSOCIATION RELEASE TIME When RCCEA is formally meeting and conferring with representatives of the City on matters within the scope of representation during regular City business hours, a reasonable number of Officers or other representatives of the RCCEA shall be allowed reasonable time off without loss of compensation or other benefits. Page 2 of 3 Resolution No. 14-096— Page 4 of 5 1. Such Officers and representatives shall npt leave their duty or workstation or assignment without the knowledge of the department head or division manager. 2. Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. RCCEA Officers or representatives shall be permitted, if requested by an RCCEA represented employee, to attend an employee counseling session, which could result in disciplinary action. Such officers or representatives shall also be permitted, if requested by the Association employee,to be present at an employee disciplinary session. 1. Such Officers or representatives shall not leave their duty or workstation or assignment without the knowledge of the department head or division manager. 2. No more than one employee at a time shall be granted release time to represent one employee. RCCEA Officers or representatives of the Association shall be given reasonable time during work hours to investigate and process specified grievances or complaints arising out of the application of MOU or personnel rules, upon prior permission from their respective department head or division manager. During the term of the next MOU, RCCEA Officers and representatives agree to track their Association release time via the payroll system. The City and RCCEA agree to review this usage to determine if limits need to be incorporated into a subsequent MOU. For The City of Rancho Cucamonga: For the Rancho Cucamonga: John R. Gillison, Andrew Mitler City Manager Vice President RCCEA Date Date Page 3 of 3 Resolution No. 14-096 — Page 5 of 5