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HomeMy Public PortalAbout2013.129 (10-01-13) RESOLUTION NO. 2013.129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE GRIEVANCE SETTLEMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND AFSCME LOCAL 1920 REGARDING RETROACTIVE PAY FOR CALIFORNIA CLASS A DRIVER'S LICENSES WHEREAS, the American Federation of State, County and Municipal Employees, Local 1920 (AFSCME), is the recognized employee organization for all City of Lynwood (City) non-fire, non-management hourly or part-time classifications as set forth in the most recent Memorandum of Understanding between the City of Lynwood and the Lynwood Employee's Association/AFSCME LOCAL 1920 dated from July 1, 2012 to June 30, 2013 (AFSCME MOU 2012-2013); and WHEREAS, on or about August 6, 2012, pursuant to the City's Personnel Rules and AFSCME MOU 2012-2013, AFSCME filed a grievance (Grievance) alleging that on or about July 2011 the City's Public Works Director and Utility Services Manager "agreed that if employees from the Departments of Water and Electrical obtained a Class A Driver License with endorsements [they] would be compensated"; and WHEREAS, the Grievance was signed by nine (9) affected AFSCME represented employees who alleged that they obtained their Class A Driver's Licenses in reliance on such statements but were not compensated for obtaining their licenses; and WHEREAS, the AFSCME MOU 2012-2013 did not contain any provision for bonus pay for or any other additional pay for employees who were encouraged to and did obtain Class A Driver's Licenses; and WHEREAS, the City and AFSCME are currently negotiating a successor to the AFSCME MOU 2012-2013, which expired June 30, 2013; and WHEREAS, the City and AFSCME desire to finally resolve and settle the Grievance and all disputes related thereto; and WHEREAS, while each party maintains that its respective position has merit, in the interest of promoting harmonious labor relations between the parties and to avoid the uncertainty, inconvenience, and expense of potential litigation, the City and AFSCME have entered into a Grievance Settlement Agreement dated September 2013 (Agreement) to fully and finally resolve any and all claims as part of the Resolution of the Grievance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals are all true and correct and are hereby adopted as findings. Section 2. The City Council hereby approves the terms and conditions of the Agreement herein by reference and on file in the Office of the City Clerk. . Section 3. The Mayor and City Manager are authorized and directed to take such actions and execute such documents as may be necessary to implement and effect this Resolution and the Agreement on behalf of the City. Section 4. Within fifteen (15) days of the approval of this Resolution, the City shall make the appropriate payment amounts as specified in the Agreement. Section 5. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED this 1st day of October, 2013. kg/A Silva.or Alatorre, Mayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: Fred Galante, City Attorney Richard N. arne Interim City Manager • STATE OF CALIFORNIA ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 1st day of October 2013, and passed by the following vote: • AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, MORTON AND ALATORRE NOES: NONE ABSENT: COUNCIL MEMBER RODRIGUEZ ABSTAIN: NONE L a , __ _.4.dri Maria Quinonez, ity Clerk / STATE OF CALIFORNIA ) § COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. 2013.129 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 1st day of October 2013. a_44 // .41 Maria Quinonez, City Clerk /