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HomeMy WebLinkAbout03.f. Review draft Position Paper to adopt attached side letter with Public Employees Union, Local #1/AFSCME (Local 1) establishPage 1 of 4 Item 31 DCENTRALSAN MEETING DATE: NOVEMBER 5, 2024 BOARD OF DIRECTORS POSITION PAPER DRAFT SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPTATTACHED SIDE LETTER WITH PUBLIC EMPLOYEES UNION, LOCAL# 1/AFSCME (LOCAL 1) ESTABLISHING UNION LEAVE FOR ELECTED AND APPOINTED UNION MEMBERS IN ACCORDANCE WITH SENATE BILL 1085 SUBMITTED BY: INITIATING DEPARTMENT: TEJI O'MALLEY, HUMAN RESOURCES AND OFFICE OF THE GENERAL MANAGER - ORGANIZATIONAL DEVELOPMENT HUMAN RESOURCES MANAGER REVIEWED BY: ROGER S. BAILEY, GENERAL MANAGER ISSUE Board of Director's approval is required to approve Side Letter agreements with the unions. BACKGROUND I n January 2019, SB 1085 was codified which requires that public employers grant, upon the request of a union, "reasonable" time off with pay and no loss of rights or benefits for employee(s) who are serving as stewards or officers of the union. Public Employees Union, Local #1/AFSCME formally requested this leave time in February 2024. The District and Local 1 met and conferred on several occasions and came to a tentative agreement. The details of the tentative agreement can be found in Attachment 1. ALTERNATIVES/CONSIDERATIONS None. The District and Local 1 have already met and conferred in good faith to come to this tentative agreement. FINANCIAL IMPACTS As Local 1 will be reimbursing the District for the union leave time, there will be no financial impact to this action. November 5, 2024 Regular ADM IN Committee Meeting Agenda Packet - Page 56 of 63 Page 2 of 4 COMMITTEE RECOMMENDATION The Administration Committee reviewed this matter at its meeting on November 5, 2024 and recommended RECOMMENDED BOARD ACTION Approve Human Resources recommendation to approve the attached side letters establishing a Union Leave program with Public Employees Union, Local # 1/AFSCME. Strategic Plan re -In GOAL THREE: Workforce Diversity and Development Strategy 2 - Engage employees and conduct labor relations in a transparent, effective, and collaborative environment ATTACHMENTS: 1. Proposed Side Letter November 5, 2024 Regular ADM IN Committee Meeting Agenda Packet - Page 57 of 63 Page 3 of 4 Attachment 1 SIDE LETTER AGREEMENT Between Central Contra Costa County Sanitary District And AFSCME/Public Employees Union, Local #1 November 21, 2024 Subject to the provisions outlined in this section, employees elected or appointed to Union office or selected by the Union to participate in activities that take them from their assigned work with the District, shall, at the request of the Union, be granted leave, provided that the effectedwork unit will not be unduly impaired by such absence. While such employees are on Union Leave, they will remain on the District payroll with a continuation of all rights and benefits. "Union Leave" shall not replace or act as a substitute; for any provision of Chapter 4.24- Employer-Employee Relations" of the Central Contra Costa Sanitary District Code. Selection The Union may select up to four (4) District employees for Union Leave release time of up to eighty (80) hours per employee, per year, provided that such employee(s) are serving as bargaining unit elected or appointed representatives or officers and/or an elected or appointed role within an AFSCME/Local 1 affiliate. Further, an additional one -hundred, sixty (160) hours of leave time will be provided which the Union may split between the four (4) designated employees as the Union sees fit. An employee may only use a maximum of forty (40) hours of leave per month. In addition, the Union may select up to eight (8) District employees, provided that such employee(s) are serving as bargaining unit representatives and/or stewards for Union Leave release time of up to forty (40) hours per employee, per year. Notification Employees selected for Union Leave shall submit a request for Union Leave release to the appropriate supervisor in the same manner used for District -paid employee leave. Employees will November 5, 2024 Regular ADMIN Committee Meeting Agenda Packet - Page 58 of 63 Page 4 of 4 provide as much notice as possible, with a minimum of ten (10) workdays before the effective date of the leave. The supervisor of the requesting employee may waive these notification requirements at her/his discretion. Requests for Union Leave shall not be unreasonably denied. Compensation and Benefits Employees on Union Leave shall suffer no loss of compensation, benefits, retirement fund contributions, orservice credit, and shall be required to report Union Leave on their timesheet in an established employee relations account. Reimbursement Except by mutual agreement of the District and the Union for any specific event, the Union agrees to reimburse the District for the full amount of the affected employee's compensation includingall benefitcosts for all the time the employee is on Union Leave. Reimbursement to the Districtbythe Union shall be made within forty-five (45) days from the date in which the invoice or request for reimbursement has been received. The parties agree to make good faith effort to resolve any disputes over invoices or payment. Return to work at the District At the conclusion or termination of leave granted under this section, District employees shall have a right of reinstatement to the same position and work location held prior to the leave, or, if not feasible, a substantially similar position without loss of seniority, rank, or classification. Workers Compensation/Disability Employees on Union Leave under this provision and AFSCME/Local 1 waive any and all claims against the District for Workers' Compensation and Industrial Disability Leave. In the event an employee on Union Leave, as stated above, files a workers' compensation claim against the District, for an injury or injuries sustained while on Union Leave, AFSCME/Local 1 agrees to indemnify and hold harmless the District from both workers' compensation liability, and any costs of legal defense incurred as a result of the filing of the claim. For the District: h( O_ Teji O'Malley Human Resources and Organization Development Manager For AFSCME/PEU, Local #1: Winston Ingram Union President November 5, 2024 Regular ADMIN Committee Meeting Agenda Packet - Page 59 of 63