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