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HomeMy WebLinkAbout14-195 - Resolutions RESOLUTION NO. 14-195 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 RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION WHEREAS, Representatives of the City of Rancho Cucamonga (City) and the Rancho Cucamonga City Employees Association (RCCEA) 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 RCCEA 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, 2014, to June 30, 2017, related to Personal Leave and Dues Deductions/Agency Shop Provisions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Side Letter Agreement with the RCCEA is hereby approved and the City Manager 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. 14-195 — Page 1 of 4 PASSED, APPROVED, AND ADOPTED this 51" day of November 2014. AYES: Alexander, Michael, Spagnolo, Williams NOES: None ABSENT: Steinorth ABSTAINED: None ennis Michael, Mayor ATTEST: ee ice C. Reynolds, City Jerk 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 5'h day of November 2014. Executed this 6'h day of November 2014, at Rancho Cucamonga, California. J ice C. Reynolds, City Clerk Resolution No. 14-195— Page 2 of 4 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, 2014 and is set to end on June 30, 2017. 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 shall amend and replace the corresponding sections currently in the MOU: SECTION 14: PERSONAL LEAVE Employees can use up to 40 hours of accrued sick leave, vacation, administrative leave or holiday time as personal leave. These 40 hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for situations requiring the employee's attention and needs to be cleared with their supervisor when using this time. Personal leave can be taken after six months service. SECTION 41: DUES DEDUCTION/AGENCY SHOP RCCEA membership dues and fair share fees shall be deducted by the City from the pay warrant of each RCCEA employee covered depending on how they complete their authorization form. Remittance of the aggregate amount of all membership dues and fair share fees 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. A. Fair Share Fee. The Association agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in the units for which this Agreement is applicable regardless of whether they are members of the Association. Subject to the remaining provisions of this section, all covered employees employed on or after the effective date of this Agreement and continuing as long as the Association remains the exclusive representation for this bargaining unit or until revocation of this arrangement in accordance with section I below, shall as a condition of employment either: A.1 Become a member of the Association and remain a member as long as the Association remains the exclusive representative for this bargaining unit; or A.2 Pay to the Association a fair share fee in an amount which does not exceed the amount of its standard initiation fee, periodic dues, and general assessments. B. Bona Fide Religious Exception. Any employee who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially Resolution No. 14-195— Page 3 of 4 support any public employee organization as a condition of employment. Such employee shall be required, in lieu of periodic dues, initiation fees, or agency shop fees, to pay sums equal to such dues, initiation fees, or agency shop fees to a non-religious, non-labor charitable fund exempt from taxation under section 501(c)(3) of the Internal Revenue Code, to the following qualified charity: 1. Rancho Cucamonga Community & Arts Foundation Such payments shall be made on a monthly basis and the proof of the payment must be provided to the Association as a condition of continued exemption from the requirement of financial support to the public employee organization. C. Separation from Unit. The provisions of this Agreement shall not apply during periods that an employee is in out of paid status for more than thirty (30) days. If an employee is paid for a prior out of paid status his/her representational dues or fees shall be deducted and paid to the Association. D. Change in Dues. Any change in dues will be submitted to the City, in writing, sixty (60) days prior to the effective date of such changes. Such effective dates must coincide with the start of a pay period. E. Forfeiture of Deductions. If the balance of the an employee's wages, after all other involuntary and insurance premium deductions are made in any one pay period, is not sufficient to pay deductions required by this Agreement, no such deduction shall be made for that period. The Association shall defend, indemnify and hold the City harmless against any and all claims, demands, suits, orders, judgments or other forms of liability that shall arise out of or by reason of, action taken or not taken by the City under this Section of the MOU. This includes not only the City's reasonable attorney's fees and costs but the reasonable cost of management preparation time as well. The City shall notify the Association of such costs on a case-by-case basis. For The City of Rancho Cucamonga: For the Rancho Cucamonga City Employees Association: John R. Gillison Andrew Miller City Manager President RCCEA Date Date Resolution No. 14-195— Page 4 of 4