REPORT TO THE CITY COUNCIL September 27, 2018 FROM: JEFF CARDELL, Director of Personnel Services Personnel Services Department BY: KEN PHILLIPS, Labor Relations Manager Personnel Services Department SUBJECT ..Title 1.***Approve Side Letters of Agreement with the International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39) representing Unit 1; Fresno Police Officers Association (FPOA) representing Unit 4 and Unit 9; Amalgamated Transit Union, Local 1027 (ATU) representing Unit 6; the International Brotherhood of Electrical Workers (IBEW), Local 100 representing Unit 7; the International Association of Fire Fighters, Local 753, (IAFF-Management) representing Unit 10; Operating Engineers, Local 3 (OE3) representing Unit 11 and Unit 15; the City of Fresno Professional Employees Association (CFPEA) representing Unit 13-1 and Unit 13-2; and; City of Fresno Management Employees Association (CFMEA) representing Unit 14, modifying MOU provisions on dues deductions (Subject to Mayor's Veto) 2.***Approve a Side Letter of Agreement with the City of Fresno Professional Employees Association (CFPEA) representing Unit 13-2 providing for a Uniform Allowance for Supervising Crime Scene Technicians (Subject to Mayor's Veto) ..Body RECOMMENDATION It is recommended that Council approve the attached Side Letters of Agreement with the Bargaining Units identified in section 1 of the Subject above, modifying MOU provisions on dues deductions to comply with the provisions of Senate Bill ("SB") 866, regarding dues and other Union/Association deductions. It is also recommended that Council approve the attached Side Letter of Agreement with the City of Fresno Professional Employees Association (CFPEA) representing Unit 13-2 - Non-Exempt Professional providing for a uniform allowance for Supervising Crime Scene Technicians. EXECUTIVE SUMMARY The enactment of SB 866 by the State of California on an urgency basis provided cause to revise dues deductions agreements with Unions and Associations representing City of Fresno employees. SB 866 puts the burden of identifying dues paying members on the Bargaining Unit. The City is no longer allowed to collect dues information directly from employees. This requires a change in dues collection agreements with each of the represented Bargaining Units. It is recommended that Council approve the attached Side Letters of Agreement which meet the requirements on SB 866. Supervising Crime Scene Technicians are required to wear uniforms designated by the Police Department. It is recommended that Council approve the attached Side Letter of Agreement for funds for purchase and maintenance of the uniforms. BACKGROUND On June 27, 2018, the United States Supreme Court ruled that agency or service fees for public sector employees were a violation of free speech. In addition, the Governor of California signed an urgency measure, SB 866, which immediately required that public agencies adopt the following: * Recognized employee organizations, not employees, will notify a public employer of the employee's authorization for dues or other employee organization deductions. * Public Employers must honor representation by recognized employee organizations that an employee should pay dues or should cease paying dues without requiring written documentation from the employee, unless there is a dispute about the documentation. * The employee organization must indemnify the public employer for any claims made by an employee for deductions made in reliance of the information provided by the employee organization. The City has concluded the meet and confer process to revise the respective dues deductions provisions. Affected bargaining units have concurred with the proposed Side Letters of Agreement. Those bargaining units not listed herein have recently concluded labor negotiations; the new dues terms are included in those successor MOUs. Supervising Crime Scene Technicians are required to wear uniforms designated by the Police Department. Crime Scene Technicians receive a uniform allowance to purchase and maintain uniforms. The attached Side Letter of Agreement would provide the same allowance to Supervisors. The City Attorney's Office has approved the Side Letters of Agreement as to form. ENVIRONMENTAL FINDINGS N/A LOCAL PREFERENCE N/A FISCAL IMPACT Approval of the Side Letters of Agreement on dues will not result in any additional salary or benefit expenses. The cost of the Side Letter of Agreement on a uniform allowance for Supervising Crime Scene Technicians will be absorbed by the Police Department with current appropriations. Attachments: Side Letter of Agreement on Dues - Local 39 Side Letter of Agreement on Dues - FPOA-Basic Side Letter of Agreement on Dues - FPOA-Management Side Letter of Agreement on Dues - ATU Side Letter of Agreement on Dues - IBEW Side Letter of Agreement on Dues - IAFF-Management Side Letter of Agreement on Dues - OE3, FAPSO/FAPSS Side Letter of Agreement on Dues - CFPEA Side Letter of Agreement on Dues - CFMEA Side Letter of Agreement on Supervising Crime Scene Technicians Uniform Allowance - CFPEA