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G.7 Teamsters MOUTentative Agreement and Memorandum of Understanding Between the City of Grand Terrace and Teamsters Local 1932 July 1, 2021 –June 30, 2024 BACKGROUND •On December 5, 2019, Teamsters Local 1932 filed a request for recognition with Public Employment Relations Review Board PERB seeking to represent a proposed “Miscellaneous Bargaining Unit” of City employees. •On February 27, 2020, the City filed with PERB a response to the Teamsters petition asserting that the proposed Miscellaneous Bargaining Unit was not an appropriate unit as initially proposed by Teamsters. •On May 4, 2020, the parties participated in a PERB settlement conference and reached a settlement, agreeing that Teamsters would be the sole and exclusive recognized employee organization for the proposed Miscellaneous Bargaining Unit. THE MISCELLANEOUS BARGAINING UNIT •Comprised of all permanent and full-time employees •Excludes: •all management, confidential, and supervisory employees; •all part-time, temporary, and at-will probationary employees; •all retired annuitants; and •the classifications of Assistant Planner, Principal Accountant, and Management Analyst NEGOTIATIONS •Under the Meyers-Milias Brown Act (“MMBA”), once an exclusive representative is recognized, the City is required to negotiate with the representative on all matters within the scope of representation: •“all matters relating to employment conditions and employer -employee relations, including, but not limited to, wages, hours, and other terms and conditions of employment.” (Gov. Code §3504). •In June of 2020, the City and Teamsters commenced negotiations for a comprehensive agreement that would govern the relationship between the City, Teamsters, and the represented employees. •The Parties negotiated on wages, hours, and other terms and conditions of employment for the Miscellaneous Bargaining Unit and have reached a Tentative Agreement for a Memorandum of Understanding. THE TENTATIVE AGREEMENT •The Tentative Agreement is for the period of July 1, 2021 through June 30, 2024. •On July 8, 2021, Teamsters ratified the Tentative Agreement by a vote of its membership. •Government Code section 3505.1: •“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. . . . If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding[;]” THE MEMORANDUM OF UNDERSTANDING •The Memorandum of Understanding governs the period of July 1, 2021 through June 30, 2024. •It was concurrently prepared and signed by the representatives of the City and the Teamsters, subject to City Council approval. •Once approved by the City Council, the MOU becomes a binding agreement between Teamsters and the City. •The MOU will govern the represented employees and the agreed upon subject matters, however the City may still be required to bargain over the foreseeable effects of certain decisions on matters within the scope of representation. MAJOR DEAL POINTS OF THE TENTATIVE AGREEMENT AND MEMORANDUM OF UNDERSTANDING Article No.Subject Summary I Term of Agreement Except as otherwise specified, the term of the agreement is from July 1, 2021 through June 30, 2024. III Non-Discrimination The provisions of the MOU will be applied equally to all employees without unlawful harassment, discrimination, retaliation, disrespectful or other unprofessional conduct. IV–VI New Employee Orientation Shop Stewards Dues Deduction All new employees will be provided a copy of the MOU and given an employee orientation to explain the employee’s rights and benefits under the MOU. A maximum of two employees may be designated as shop stewards to represent employees in the unit. Sets forth membership dues deduction requirements. VII Management Rights City retains all of its inherent managerial rights, functions and authorities. Provides the subjects outside of bargaining that the City has the right to unilaterally make decisions on, subject to any statutory obligation to engage in impact bargaining over the foreseeable effects of the decision on matters within the scope of representation. VIII Salary 2021-3% salary increase based upon the employee’s regular base pay determined as of June 30, 2021. 2022 and 2023-2 % salary increase based upon the employee’s regular base pay determined as of June 30 each respective year. MAJOR DEAL POINTS OF THE TENTATIVE AGREEMENT AND MEMORANDUM OF UNDERSTANDING Article No.Subject Summary IX Health Insurance The City’s contribution will match the CalPERS Kaiser Region 3 premium rate. X Holidays All full-time unit members shall receive 13 paid holidays as designated per calendar year and 2 paid floating holidays per calendar year in addition to any other vacation leave that employee has accrued. XI Overtime Provides for an eight-hour rest period for an employee who works 16 consecutive hours. Provides for statutory overtime under the Fair Labor Standards Act. The City will endeavor to provide 7 days’ notice of the need to work overtime to employees for non-emergency recurring events. XII No Strike/No Lockout Prevents Teamsters and employee members from causing, participating in, or condoning any strike, walkout, slowdown, sick-out, or any other concerted job action by withholding or refusing to perform services. City agrees not to lockout its employees. XIII-XIV Discipline and Grievance Procedures Provides the causes for discipline, types of discipline, and the procedures for discipline which shall not apply to the City’s at- will employees. Provides the procedure for an employee to initiate a grievance for an alleged violation of a specific provision of the MOU, or the City’s Personnel rules, and provides a right of representation to the grievant. RECOMMENDATIONS •It is recommended that the City Council accept, adopt, approve and implement: •The Tentative Agreement for a Memorandum of Understanding between the City of Grand Terrace and Teamsters Local 1932 for the period of July 1, 2021 through June 30, 2024 •The Memorandum of Understanding between the City of Grand Terrace and Teamsters Local 1932 for the period of July 1, 2021 through June 30, 2024 QUESTIONS