Proposal:

Approve MOU with the San Bernardino Public Employees Association Regarding the Professional Bargaining Unit

Synopsis:

AQMD management and representatives of the San Bernardino Public Employees Association (SBPEA) representing the Professional Bargaining Unit have reached agreement on a labor contract for the period May 9, 1997 through June 30, 1999, which has been ratified by the Professional Bargaining Unit members. This action is to present the ratified agreement to the Board for its approval as a new multi-year labor contract covering bargaining unit members represented by SBPEA.

Committee:

Administrative, April 18, 1997, Recommended for Approval

Recommended Action:

1. Authorize the AQMD Negotiator to sign the ratified Memorandum of Understanding between AQMD and SBPEA covering employees in the Professional Bargaining Unit.

2. Appropriate from the Undesignated Fund Balance $134,240 to the Salary and Employee Benefits Major Object to fund the additional costs under the new Memorandum of Understanding for FY 1996-97.

James M. Lents, Ph.D.
Executive Officer

Background

On July 9, 1993, the Board approved a labor contract extension through June 30, 1995, for employees in AQMD’s three bargaining units, which were, at that time, represented by the Federation of Public Sector Workers. The extension contained no provisions for salary or benefits increases and established unpaid furloughs in each of the two contract years. Subsequently, the Federation was replaced as the exclusive employee representative, by, in the case of the Professional Bargaining Unit, SBPEA, and, in the case of the Technical and Enforcement and Office Clerical and Maintenance Bargaining Units, Teamsters Local 911. On February 14, 1997, the Board approved a contract through June 30, 1999, for the two Teamster-represented bargaining units. The most recent agreement with SBPEA for the Professional Unit was a one-year, no-cost contract that ended June 30, 1996.

On April 4, 1996, negotiations were initiated between AQMD and SBPEA. After seven months of negotiations failed to produce agreement, the union declared negotiations to be at impasse. As required under provisions of AQMD’s Employee Relations Resolution, an impartial third-party mediator was called in to assist in reconciling remaining disputes. After two mediation sessions, the union requested moving the process on to the next step, fact-finding. The fact-finding process resulted in a tentative agreement on a contract, which was subsequently ratified by the Professional Bargaining Unit on April 16, 1997.

Proposal

The union-ratified agreement, which would extend through June 30, 1999, includes the following changes from the previous contract:

1. Cost-of-living increases of 2% on February 24, 1997; July 28, 1997; and July 13, 1998;

2. Contract reopening provision to permit, if mutually agreed to, discussion of cost-saving options in the event of a financial crisis;

3. Layoff notifications to be provided 30 days before action taken and layoff order to be based on combination of length of service and performance rating;

4. Increase payment for unused earned compensatory time at termination from a maximum of 144 hours to 240 hours;

5. Limit on paid time off for jury service to 8 days (two 4-day work weeks) per year;

6. Increase of probationary period for new employees from 6 months to 1 year;

7. Streamlined grievance process for administrative grievances;

8. Health insurance benefit coverage for domestic partners and their children; and

9. Establishment of catastrophic leave fund, funded by voluntary employee donations, for use by employees who exhaust their own leave due to a personal or family emergency.

Staff believes this negotiated agreement, which is in line with the recently concluded agreement covering AQMD’s other union-represented employees, makes adjustments that keep AQMD competitive in its labor market and provides management important tools to maintain efficiency of operations during financially uncertain times.

Resource Impacts

The cost of this multi-year agreement, extending over three fiscal years, is $1,974,370, for an average annual cost of $841,535.

Attachment

Memorandum of Understanding

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