Butte County Board of Supervisors Agenda Transmittal

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1 Butte County Board of Supervisors Agenda Transmittal Clerk of the Board Use Only Agenda Item: 3.17 Subject: Skilled Trades Unit and Professional Employees Association Side Letter Agreements Department: Human Resources Meeting Date Requested: 2/13/18 Contact: Pamela Knorr Phone: Regular Agenda Consent Agenda Department Summary: (Information provided in this section will be included on the agenda. Attach explanatory memorandum and other background information as necessary). Assembly Bill 119 became effective on June 27, It requires public agencies, including counties, to provide union representatives access to new employee orientations and compels the collective bargaining processes related to the structure, time and manner of such access. On July 19, 2017, the Skilled Trades Unit (STU) and Professional Employee's Association (PEA) requested to negotiate over the impacts of AB 119. The meet and confer process resulted in identical side letters that include a time frame for the STU and PEA to meet with newly hired employees at monthly orientation sessions, as well as monthly and quarterly new employee demographic reports. Fiscal Impact: N/A Personnel Impact: N/A Action Requested: Approve the side letter agreements and Authorize the Chair to sign. Administrative Office Review: Meegan Jessee, Deputy Chief Administrative Officer

2 SIDE LETTER AGREEMENT BETWEEN THE COUNTY OF BUTTE (COUNTY) AND BUTTE COUNTY SKILLED TRADES UNIT (UNION) Whereas, the County of Butte (County) and the Skilled Trades Unit (Union) agreed to a successor Memorandum of Understanding (MOU) covering the period of May 2017-April 2020, and the Butte County Board of Supervisors ratified the MOU on May 9, Whereas, Assembly Bill (AB) 119 became effective on June 27, 2017 and applies to public sector agencies. Whereas, The Union compelled the County to bargain over the impacts of AB 119 on its members. Whereas, as a result of the meet and confer process, the County and Union have agreed to the terms contained in this side letter. The terms described herein constitute the complete and entire agreement between the parties. NOW THEREFORE, County and Union hereby agree that: Section 4.6 of the current MOU between County and Union will be replaced in its entirety with the following: 4.6 New Employee Orientation The parties acknowledge that the County provides a new employee orientation meeting ( orientation ) to all new employees hired by the County, but does not distinguish between bargaining units in conducting the orientation. The parties agree that the County will notify the union via s, to the Labor Relations Representative and the Union Office Manager, the time, date, and location of the orientation at least ten (10) calendar days prior to the new hire orientations being held. The County will notify the union the number of bargaining unit employees and their unit anticipated to be in attendance at least five (5) calendar days prior to new hire orientations being held. These orientations will normally be scheduled on the first Monday of each month. The Union representative(s) will be given up to thirty (30) minutes to meet with new employees at the new employee orientation. The Union may designate one (1) current employee to be an alternative speaker in the event the Union representative is unable to attend the new hire Page 1 Side Letter Agreement-Skilled Trades (New Hire Orientation)

3 orientation. The County agrees to release time for the alternative speaker to attend the orientation, including travel time to and from the location of the orientation. The Union will provide the County with the name of possible representatives at least ten (10) days prior to the orientation. Attendance of the new employee at the Union portion of the orientation is mandatory. Management will excuse themselves during the Union portion of the orientation and the Union agrees in its portion of the orientation not to disparage the County, its management, or its policies. In the event the County has reports of any concerns regarding the Union s presentation or presenter, the Union s Business Manager shall be contacted in order to rectify the issue to both parties satisfaction. If, after reporting to the Union s Business Manager, there are still concerns regarding the Union s presentation or presenter, the County shall have the option to require the Union to appoint a different speaker to the Union portion of the orientation. Information Provided Via digital file (currently an excel spreadsheet) the County will as soon as possible, but within no more than 30 days, of hire provide the Union with the following information regarding the new employee: Name Job Title Department Work Location Work, Home and Personal Cellular Telephone Numbers Home Address The County will also provide the Union this same information, via digital file, on all bargaining unit members on a quarterly basis. Notwithstanding the foregoing, limited to the express purpose of Assembly Bill 119 requirements only, an employee may opt out via written request to the County (copy to the Union) to direct the County to withhold disclosure of the employee's: Home address Home telephone number Personal cellular telephone number Birth date This Side Letter Agreement identifies those articles, sections, and subsections of the Memorandum of Understanding between the County and the Union that the parties have mutually agreed to revise. All other terms of the Memorandum of Understanding remain in full force and effect. Page 2 Side Letter Agreement-Skilled Trades (New Hire Orientation)

4 FOR THE COUNTY OF BUTTE FOR SKILLED TRADES UNIT Pamela Knorr Human Resources Director Chris Darker, Business Manager United Public Employees of California, Local 792 Steve Lambert Butte County Board of Supervisors, Chair Page 3 Side Letter Agreement-Skilled Trades (New Hire Orientation)

5 SIDE LETTER AGREEMENT BETWEEN THE COUNTY OF BUTTE (COUNTY) AND PROFESSIONAL EMPLOYEES ASSOCIATION (ASSOCIATION) Whereas, the County of Butte (County) and the Professional Employees Association (Association) agreed to a successor Memorandum of Understanding (MOU) covering the period of February 2017-February 2020, and the Butte County Board of Supervisors ratified the MOU on January 19, Whereas, Assembly Bill (AB) 119 became effective on June 27, 2017 and applies to public sector agencies. Whereas, The Association compelled the County to bargain over the impacts of AB 119 on its members. Whereas, as a result of the meet and confer process, the County and Association have agreed to the terms contained in this side letter. The terms described herein constitute the complete and entire agreement between the parties. NOW THEREFORE, County and Association hereby agree that: New Employee Orientation The parties acknowledge that the County provides a new employee orientation meeting ( orientation ) to all new employees hired by the County, but does not distinguish between bargaining units in conducting the orientation. The parties agree that the County will notify the Association via s, to the Association President, the time, date, and location of the orientation at least ten (10) calendar days prior to the new hire orientations being held. The County will notify the Association the number of bargaining unit employees and their unit anticipated to be in attendance at least five (5) calendar days prior to new hire orientations being held. These orientations will normally be scheduled on the first Monday of each month. The Association representative(s) will be given up to thirty (30) minutes to meet with new employees at the new employee orientation. The Association may designate one (1) current employee to be an alternative speaker in the event the Association representative is unable to attend the new hire orientation. The County agrees to release time for the alternative speaker to attend the orientation, including travel time to and from the location of the orientation. The Association will provide the County with the name of possible representatives at least ten (10) days prior to the orientation. Page 1 Side Letter Agreement-PEA (New Hire Orientation)

6 Attendance of the new employee at the Association portion of the orientation is mandatory. Management will excuse themselves during the Association portion of the orientation and the Association agrees in its portion of the orientation not to disparage the County, its management, or its policies. In the event the County has reports of any concerns regarding the Association s presentation or presenter, the Association President shall be contacted in order to rectify the issue to both parties satisfaction. If, after reporting to the Association s President, there are still concerns regarding the Association s presentation or presenter, the County shall have the option to require the Association to appoint a different speaker to the Association portion of the orientation. Information Provided Via digital file (currently an excel spreadsheet) the County will as soon as possible, but within no more than 30 days, of hire provide the Association with the following information regarding the new employee: Name Job Title Department Work Location Work, Home and Personal Cellular Telephone Numbers Home Address The County will also provide the Association this same information, via digital file, on all bargaining unit members on a quarterly basis. Notwithstanding the foregoing, limited to the express purpose of Assembly Bill 119 requirements only, an employee may opt out via written request to the County (copy to the Association) to direct the County to withhold disclosure of the employee's: Home address Home telephone number Personal cellular telephone number Birth date This Side Letter Agreement identifies those articles, sections, and subsections of the Memorandum of Understanding between the County and the Association that the parties have mutually agreed to revise. All other terms of the Memorandum of Understanding remain in full force and effect. FOR THE COUNTY OF BUTTE FOR PEA Pamela Knorr Human Resources Director Chris Darker, Business Manager United Public Employees of California, Local 792 Page 2 Side Letter Agreement-PEA (New Hire Orientation)

7 Steve Lambert Butte County Board of Supervisors, Chair PEA President Page 3 Side Letter Agreement-PEA (New Hire Orientation)