The URL can be used to link to this page

Home My WebLink About2013/07/09 Item 13CITY COUNCILL AGENDA STATEMENT ~,~ d~ ~~(~i clrY of '~'-"` CHULA VISTA July 9, 2013, Item /3 ITEM TITLE: ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CITY COUNCIL POLICY 661-O1 ON LABOR NEGOTIATIONS GUIDELINES - SUBMITTED AND JAMES D. SANDOVAL, CITY MANAGER ~~" REVIEWED BY: REVIEWED BY GLEN R. GOOGINS, CITY ATTORNEY ~~ ~~ 4/STHS VOTE: YES ~ NO SUMMARY The City Manager, via the City's negotiators, is tasked to negotiate with the City's various bargaining units. Direct dealing, where one party bypasses designated negotiators, undermines effective and productive negotiations and may constitute an unfair labor practice. This policy establishes guidelines in the manner which City Councilmembers, including the Mayor, and their respective staff members, individually interact with employees, employee organizations, or representatives thereof during labor negotiations, thereby promoting effective and productive negotiations. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Projecf" as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental administrative action. that will not result. in direct or indirect physical changes in the environment. Therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA' .Thus, no environmental review is. necessary. RECOMMENDATION Approve the Resolution BOARDS/COMMISSION RECOMMENDATION Not Applicable 13-1 JULY 9, 2013, Item f 3 Page 2 of 3 DISCUSSION In 1999, the City Council adopted anEmployer-Employee Relations Policy (Policy No. 662-04). That policy designates the City Manager, or designee/s, to act as the City's principal represeritative in all matters ofemployer-employee relations, including negotiation of matters within the scope of representations. Both the City and the employee groups designate Yepresentatives to carry out negotiations. As such, negotiations aze required to occur at the bargaining table by each party's designated representatives. Direct dealing, where one party bypasses the other party's designated negotiators, undermines effective and productive labor negotiations and may also be an unfair labor practice. Thus, to ensure effective and productive labor negotiations, it is necessary to clarify the role of the City Council, including the Mayor, and their respective staff with regard to contact with employees and employee organizations during negotiation periods. Meyers-Milias-Brown Act (MMBA) The MMBA governs the labor-management relations in California local government, including cities, counties, and most special districts. The MMBA provides that the governing body of a public agency shall meet and confer in good faith regarding wages, hours and other terms and conditions of employment with representatives of recognized employee organizations (i.e. unions or bargaining units). The MMBA defines meeting and conferring in good faith as having the mutual obligation to personally meeting and confer upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions, and proposals and to endeavor to reach agreement on matters within the scope of representation. The scope of representation includes all matters related to employment conditions and employer- employee relations; including, .but not limited to, wages, hours and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. Both the City and the bargaining units have an obligation under the applicable laws to negotiate in good faith on matters that are within the scope of representation which include wages, hours and other terms and conditions of employment. Any one incident or act may not constitute bad faith bargaining, but rather is analyzed based on the "totality of circumstances." Direct dealing, wherein one party bypasses another party's designated representative, is an example of bad faith negotiations. Bypassing can occur when either side bypasses the designated representatives, for example, by going directly to the City Council with proposals or concessions. Direct dealing also undermines the negotiations process, leading to ineffective and prolonged, labor negotiations. Although the MMBA prohibits direct dealing by going directly to the City Council with proposals or concessions can be considered bypassing, it does not prohibit bargaining representatives From addressing the City Council when an item is placed on the agenda or during public comments. The proposed policy recognizes that bargaining unit representatives may address City council during council meetings and does not prohibit such presentations. 13-2 JULY 9, 2013, Item l~ Page 3 of.3 Brown Act The City Council provides negotiation parameters/authority to the City Manager in Closed. ' Session. The Brown Act provides that aperson-may not disclose confidential information that. has been acquired by being present in a closed session unless the Council authorizes disclosure of that confidential information. In order to promote lawful, efficierit, and productive labor negotiations, it is recommende& that the proposed City ,Council Policy "Labor Negotiations Guidelines", attached as Attachment 1, be: approved.. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Furthermore, Staff has not been informed of any fact nor is aware of any fact that would otherwise form the basis of a conflict. CURRENT YEAR FISCAL IMPACT There is no fiscal impact from approving the policy. ONGOING FISCAL IMPACT There is no fiscal impact from approving the policy ATTACHMENTS 1. City Council Policy 661-O1 "Labor Negotiations Guidelines" Prepared by.' Kelley Bacon, Deputy City Manager, Administration Department 13-3 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT; Labor Negotiations Guidelines POLICY EFFECTIVE NUMBER DATE PAGE ' 661-01 1'OF 2 .ADOPTED BY: (Resolution'1Vo:) DATED: 7/9/13 AMENDED BY: Resolut}on No (date ofresolutioti) BACKGROUND The City Manager is tasked with meeting and conferring with bargaining units and does so via designated labor negotiators.. Bypassing the City's designated labor negotiators, leads to inefficient and unproductive labor negotiations and may constitute unlawful direct dealing. This, policy is intended to promote lawful, efficient, and productive labor negotiations. PURPOSE To establish a policy that regulates the manner in which members of the City Council, including the Mayor, and their respective staff members, individually interact with employees, employee organizations, or representatives thereof during negotiations. POLICY It is the policy of the City Council that members of the City Council and their-staff shall abide by the following guidelines when the City Manager or the City Manager's designee(s) (also constituting the City's negotiator(s)) is in negotiations with any bargaining unit: 1. Negotiations are to be conducted solely by the City Manager or his designee(s), which are the City's negotiator(s). 2. During negotiations and until the meet and confer process has been completed, including through the impasse procedures, members of the City Council or Council staff shall not meet and/or discuss or have audience or have communication of any kind with any employee, employee organizations, or representatives thereof outside of meetings of the City Council on any matter within the scope of representation or consultation during the period when. such matters are, or may be, the subject of consultations, or meet and confer between the City negotiator(s) and an employee or an employee organization. 3. If any contact is made by bargaining unit representatives or persons acting on their behalf, regarding ongoing negotiations to Council members or Council staff, Council members should refer the bargaining unit representative or persons acting on their behalf to the City Manager and report it to the City Manager. 4. Authorization and direction to the City's negotiation team by the City Council is to be provided in closed session. In order to maintain the integrity of the negotiation process, such authorization must remain confidential. 5. The Brown Act provides that a person may not disclose confidential information that has been acquired by being present in a closed session unless the Council authorizes the disclosure of that confidential information. 13-4 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Labor Negotiations Guidelines POLICY EFFECTIVE NUMBER llATE PAGE 661-01 2 OF 2 ADOPTED BY (Resolution No:) DATED: 7/9/13 AMENDED BY: Re'solutioii lVo (date.of resolution) 6. This policy is not intended to restrict the City (including the City Manager and/or City negotiators), City Council (including the Mayor), bazgaining unit or employee association representatives, or individual employees the option and right to address and/or discuss any such matter in appropriate and/or permissible public forum(s). 13-5 COUNCIL RESOLUTION NO. RESOLUTION_ OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CITY COUNCIL POLICY 661-01 ON LABOR NEGOTIATIONS GUIDELINES WHEREAS, the City Manager, via designated labor negotiators, is tasked with conducting labor negotiations with the various bargaining units representing City employees; and WHEREAS, labor negotiations are conducted at the bargaining table between the City's labor negotiators and the bargaining units' labor negotiators; and WHEREAS, labor negotiations are to be conducted in good faith, meaning the mutual obligation to personally meeting and confer upon request by either party and continue. for a reasonable period of time in order to exchange freely information, opinions, and proposals and to endeavor to reach agreement on matters within the scope of representation; and WHEREAS, direct dealing, wherein one party bypasses the other's designated labor negotiator, undermines effective and productive labor negotiations, and may constitute bad faith bargaining and an unfair labor practice; and WHEREAS, as bargaining units may generally address City Council during Council meetings, and not necessarily violate prohibitions against direct dealing; and ' WHEREAS, the City seeks to promote efficient, productive, and lawful labor negotiations, and believes City Council Policy 661-01 on Labor Negotiations Guidelines furthers said goal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, That it approves City Council Policy 661-01 on Labor Negotiations Guidelines attached hereto, a copy of which shall be incorporated into the City Council Policy Manual maintained by the City Clerk. Presented by s f~ .,Cfti ~~ Jam .Sandoval City Manager Approved as to'form by Glen R. Googins ~ City Attorney J:\Attomey\FINAL RESOS AND ORDINANCES\2013\07 09 13\RESO-HR-CC Policy RE Labor Guidelines RESO FIN "7-3-13 (3).doc 7/3/2013 1:40 PM 13-6