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HomeMy Public PortalAboutC-20-160 - Eliminating the Classification of "Early Childhood Instructor (Classified Part-Time)", Side Letter AgreementSIDE LETTER AGREEMENT BETWEEN THE CITY OF CARSON AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES UNION (AFSCME) LOCAL 809 ELIMINATING THE CLASSIFICATION OF "EARLY CHILDHOOD INSTRUCTOR ' (CLASSIFIED PART-TIME)" AND RE-CLASSIFYING THE CITY EMPLOYEE CURRENTLY SERVING IN SAID CLASSIFICATION TO THE FULL-TIME EMPLOYMENT CLASSIFICATION OF "EARLY CHILDHOOD INSTRUCTOR" 1 RECITALS WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act ("MMBA"; Gov't Code §§ 3500 et seq.), the City of Carson ("City") may adopt reasonable rules and regulations for the administration of employer-employee relations, and must meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations for City employee bargaining units; and WHEREAS, the City and the American Federation of State, County and Municipal Employees, Council 36, Local 809 ("AFSCME 809") entered into that certain Memorandum of Understanding which was approved on October 21, 2014, pursuant to adoption of City Resolution No. 14-100, and which was effective from July 1, 2013 through June 30, 2016 (the "MOU"); and WHEREAS, the MOU provided for an employment classification of "Early Childhood Instructor (Classified Part -Time") (hereinafter "Early Childhood Instructor (CPT)"), a non- exempt, part-time City employment classification that is a member of the Professional/Middle Management bargaining unit represented by AFSCME 809; and WHEREAS, the MOU also provided for an employment classification of "Early Childhood Instructor," a non-exempt, full-time City employment classification that is a member of the Professional/Middle Management bargaining unit represented by AFSCME 809; and WHEREAS, the MOU expired on June 30, 2016; and WHEREAS, on October 23, 2018, the City and AFSCME 809 entered into a Tentative Agreement for Successor MOU ("TA"), which provides that all terms and conditions of the MOU shall be maintained unless expressly modified in the TA until the Successor MOU between the parties is accepted, approved and adopted by the City Council, which Successor MOU shall then supersede and replace the TA; and WHEREAS, the City Council has not yet accepted, approved or adopted the Successor MOU; and WHEREAS, the Early Childhood Instructor, CPT, is currently filled and the incumbent employee is working either full-time hours or nearly fill -time hours; and WHEREAS, AFSCME 809 has requested reclassification of the employee serving in the Early Childhood Instructor, CPT, classification to the existing full-time employment classification of Early Childhood Instructor, based on the number of hours the City employee filling the role has consistently been working as a result of the duties and responsibilities associated with the role; and 01007.0004/568913.1 WHEREAS, the TA did not provide for elimination of the "Early Childhood Instructor (CPT)" classification from the Professional/Middle Management bargaining unit as set forth in the MOU, nor did it provide for the reclassification of the City employee currently serving in said classification to the existing full-time Early Childhood Instructor classification; and WHEREAS, the City and AFSCME 809 have met and conferred, and mutually desire to eliminate and remove the "Early Childhood Instructor (CPT)" classification from the MOU, the TA, and the eventual Successor MOU, and to re-classify the City employee presently serving in said classification to the existing full-time classification of "Early Childhood Instructor." TERMS 1. The foregoing recitals are true and correct, and are incorporated herein by reference. 2. Having met and conferred on the topic, the City and AFSCME 809 agree to a unit modification to eliminate and remove the "Early Childhood Instructor (CPT)" classification from the MOU, the TA and the eventual Successor MOU, and to re-classify the City employee presently serving in said classification to the existing full-time classification of "Early Childhood Instructor" as referenced in the MOU, which is a member of the Professional/Middle Management bargaining unit represented by AFSCME 809; and 3. The City Manager and the Employee Relations Officer of the City and AFSCME 809 have met and conferred in good faith on the action referenced in Section 2, and upon doing so have reached the agreement set forth in this Side Letter Agreement. 4. This Side Letter Agreement constitutes a joint recommendation by the City's negotiators and AFSCME 809 to be submitted to the City Council for its determination and approval by appropriate resolution or other action, as the City Council may deem fit and proper. 5. This Side Letter Agreement supersedes any prior agreements between the City and AFSCME 809 relative to the subject matter hereof. 6. This Side Letter Agreement is of no force or effect unless and until ratified and approved by the City Council of the City. This Side Letter Agreement shall be effective immediately upon ratification or approval hereof by the City Council of the City and execution hereof by both the City and AFSCME 809. [signatures on the following page] 2 01007.0004/568913.1 IT IS SO AGREED: For AFSCME 809: Ana Meni, Pirsid yyt II 1 IC— Date - City Managpr Date ob Adams, Faye Moseley Council 36 Business Rep, Dircctor of Human Resources & Risk Marnagement l2IALI Date APPROVED AS TO FORM can J. ,ra ner, aq. Counsel for the City of Carson 0IM7.00(AI5689I3.1 t� 10 17 Date