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CC Resolution 12526RESOLUTION NO. 12526 A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS FOR CLASSIFIED NON -MANAGEMENT EMPLOYEES REPRESENTED BY THE EMPLOYEE ORGANIZATION ENUMERATED BELOW WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code requires the City Manager to prepare and submit an annual salary plan to the City Council for its approval; and WHEREAS, a Memorandum of Understanding for salaries, benefits and working conditions has been approved and executed by the authorized representatives of the Northern California Carpenters Regional Council (CARP) and City Council representatives; and WHEREAS, the City Council of the City of Campbell desires to ratify and adopt the provisions included in the Memorandum of Understanding attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve and ratify the Memorandum of Understanding with the attached side letter hereto, and made a part hereof. PASSED AND ADOPTED this 19th day of November 2019, by the following roll call vote: AYES: Councilmembers: Resnikoff, Bybee, Gibbons, Landry, Waterman NOES: Councilmembers: None ABSENT: Councilmembers: None ATTEST: _11ijoi Wendy400d, City Clerk APPROV Richa d M. Waterman, Mayor- SIDE LETTER AGREEMENT TO MEMORANDUM OF UNDERSTANDING ON WAGES, EMPLOYEE BENEFITS, HOURS AND OTHER TERMS AND CONDITIONS CITY OF CAMPBELL AND NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL A. Membership Dues - Payroll Deductions The Union will maintain a record of employees who have given their written consent to join and pay dues or other deductions to the Union and will certify to the City in writing the names of employees who have given such consent. Upon the Union's certification, the City will deduct the appropriate dues or other deductions from the employee's wages, and remit them to the Union. Employee requests to cancel or change deductions must be directed to the Union rather than to the City. Deductions will continue unless and until the Union notifies the City of any employee requested changes. Any dues deduction revocation, cancellation and/or change will be effectuated by the City only after the Union provides the City with written direction for such revocation, cancellation and/or change. The City will implement any change to an employee's payroll deductions in the first full pay period following Union notification of the change. The Union will indemnify the City and hold it harmless against any and all suits, claims, demands and liabilities that may arise out of maintenance of dues deductions, or from City compliance with any demand to terminate dues deductions, or by reason of the application of or implementation of any provision of this section. The Union will provide the City a copy of an individual dues deduction authorization where a dispute arises regarding the authorization or dues deduction. B. New Employees In Person Onboarding Meeting: The City agrees that newly hired bargaining unit employees will participate in a mandatory in -person onboarding meeting, with as few as one individual, within the first fourteen (14) calendar days from date of hire. The City will provide the Union with no less than 10 days notice of the new employee onboarding, and will provide the Union with the names of the employees expected to participate in the onboarding meeting at least 48 hours in advance of the meeting. During the in -person onboarding meeting, the Union shall be permitted to communicate with the employee for no less than 30 minutes at the start of the onboarding Meeting. Union designees shall be authorized to distribute to employees a copy of the Union's membership/voluntary political contribution authorization forms, and any other Union materials. The onboarding meeting shall take place during regular working hours, at the employee's normal worksite, without loss in compensation to the participating new employees. Makeup Session: A newly hired employee who does not attend the session conducted by the Union at the In Person Onboarding meeting, shall attend an in -person 30 minute make-up session during regular work hours onsite, without loss in compensation. The make-up session shall be arranged with the City and conducted by the Union. At least (48) hours in advance of the make-up session, the City shall notify the newly hired employee in writing that the employee is scheduled to attend such make-up session. 9027885.1 CA025-025-10/24/19 C C E. F 3. Annual Training: The Union shall have the right to hold, once annually, an in -person one (1) hour session with represented employees to familiarize employees with the terms of this Memorandum of Understanding and to discuss other labor relations issues. The annual training shall take place during regular working hours, at the employee's normal worksite, without loss in compensation to represented employees. 4. Neutrality: City representatives will not be present during the 30 minute Union portion of the onboarding meeting, or during a make-up session or annual training conducted by the Union pursuant to this section on New Employees. The City shall not discourage an employee's participation in the Union's portion of the onboarding process. Nothing in this section shall otherwise limit City representative conduct and participation in onboarding meetings. 5. No Disruption of Operations: The onboarding meeting, make-up session, and annual training discussed in this section shall not disrupt City operations or services. Up to two Union designees may represent the Union at the onboarding meeting and make up sessions discussed in this section. Such designees may include, but are not limited to, Union representatives, officers, stewards, and members. Employee Information The City shall provide the Union designee(s) with the following items of information for newly hired employees within thirty (30) days of hire: name; job title; department; work location; work, home and personal cellular telephone numbers; work email address; personal email address on file with the City; home address. Thereafter, the City shall provide the Union with the same categories of contact information for existing employees, every one hundred and twenty (120) days. The City shall transmit the items of information to the Union in any of the following media: email, Word document, Excel spreadsheet, searchable PDF. Third Party Requests for Employee Personnel Information The City recognizes its legal obligation to protect the privacy rights of bargaining unit members. No bargaining unit personnel information will be provided to third parties except as required by and in accordance with State law. Upon the Union's written request to the City Human Resources Manager, the City will provide the Union with a copy of the City's response to a Public Record Act Request for bargaining unit personnel information along with any records provided in response to the request, to the extent required by state law. Union Access The City shall provide employee Union officials and Non -employee Union representatives access to the employer's facilities and email system for the purpose of conducting Union business consistent with City policy and state law. Where employee Union officials or Non - employee Union representatives wish to use City facilities for union business or meetings, they will request said access from the relevant department no less than three business days in advance of the desired access. Use of Bulletin Boards The Union may use portions of City bulletin boards under the following conditions: 9027885.1 CA025-025-10/24/19 2 a. All material must be dated and identify the publishing organization. b. If an employee organization desires to install a bulletin board, the City reserves the right to determine where such bulletin board shall be placed. c. If the Union does not abide by these conditions, it will forfeit its rights to have materials posted on City bulletin boards. G. Stewards and Designated Representative Release Time The Union agrees to notify the City of the identity of its Stewards. One Steward will be designated in each department or separate physical work location. An employee and Union Steward may take official City time without loss of compensation as set forth in this section. a. For the purposes of this section, "designated representative" means an officer of the Union, Steward or a member serving in proxy of the Union. 2. Release Time. a. The City shall allow a reasonable number of designated employee representatives of the Union reasonable time off without loss of compensation or other benefits when they are participating in Union activities during the designated representative's normal work hours. Union activities are defined as: (i) Investigating potential or existing grievances, or processing grievances (ii) Formally meeting and conferring with representatives of the employer on matters within the scope of representation. (iii) Testifying or appearing as the designated representative of the Union in conferences, hearings, or other proceedings before the Public Employment Relations Board or other labor board, or an agent thereof, in matters relating to a charge filed by the Union against the City or by the City against the Union. (iv) Testifying or appearing as the designated representative of the Union in matters before the governing body of the employer, a personnel, civil service or merit commission, board of adjustment or arbitrator. (v) Serving as a Union representative at a new employee orientation. b. The Union shall provide reasonable notification, of no less than five business days, to the employer when requesting time off without loss of compensation or other benefits pursuant to paragraph (2)(a) above. The designated representative is required to obtain permission from the representative's immediate supervisor or other authorized management representative to be absent from the representative's work hours/shift to perform an activity covered by this section. The supervisor or authorized management official will not unreasonably or arbitrarily deny any release time request. 9027885.1 CA025-025-10/24/19 EXECUTED THIS REPRESENTATIVES ORGANIZATION. CITY OF CAMPBELL �,Allt Name _ DAY OCTOBER OF 2019 BY THE EMPLOYER AND EMPLOYEE WHOSE SIGNATURES APPEAR BELOW FOR THEIR RESPECTIVE Date i Date �— L6 kl o- Date CARPENTERS 467 p RTHE N CALIFORNIA COUNTIES CONFERENCE BOARD Name ;, `' Date /(0- 31-- l^ Date /0 ­7 i -l `� Nam Date /61fl/ 9027885.1 CA025-025-10/24/19 4