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HomeMy WebLinkAbout07. Adopt side letter with Public Employees' Union Local #1/AFSCME establishing union leave for elected and appointed union members in accordance with Senate Bill 1085O��ENTRAL MEETING DATE: NOVEMBER 21, 2024 BOARD OF DIRECTORS POSITION PAPER Page 1 of 4 Item 7. SUBJECT: 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: TEJ I O'MALLEY, HUMAN RESOURCES AND ORGANIZATIONAL DEVELOPMENT MANAGER Roger S. Bailey General Manager INITIATING DEPARTMENT: OFFICE OF THE GENERAL MANAGER - HUMAN RESOURCES 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 reimburse the District for the union leave time, there is no financial impact to this action. November 21, 2024 Regular Board Meeting Agenda Packet - Page 48 of 164 Page 2 of 4 COMMITTEE RECOMMENDATION The Administration Committee reviewed this matter at its meeting on November 5, 2024 and recommended Board approval. 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 Tie -In GOAL THREE: Workforce Diversity and Development Strategy 2 - Engage employees and conduct labor relations in a transparent, effective and collaborative environment, Strategy 3 - Retain skilled workers by investing in resources and opportunities for all employees to grow and thrive ATTACHMENTS: 1. Proposed Side Letter November 21, 2024 Regular Board Meeting Agenda Packet - Page 49 of 164 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/oran 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 amongst 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 21, 2024 Regular Board Meeting Agenda Packet - Page 50 of 164 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 21, 2024 Regular Board Meeting Agenda Packet - Page 51 of 164