HomeMy WebLinkAbout25E - EMPLOYEE UNION NEW ORIENTATIONSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 17, 2019
TITLE:
APPROVE AN AMENDMENT TO THE
MEMORANDOM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE FULL-TIME EMPLOYEES UNIT
SERVICES EMPLOYEES INTERNATIONAL
UNION LOCAL 721 TO INCLUDE NEW
EMPLOYEE ORIENTATIONS IN
COMPLIANCE WITH ASSEMBLY BILL 119
{STRATEGIC PLAN NO. 7,6 & 71
CLERK OF COUNCIL USE ONLY:
APPROVED
❑
As Recommended
❑
As Amended
❑
Ordinance on 111 Reading
❑
Ordinance on 2ntl Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
/s/Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager to execute an Amendment to the Memorandum of Understanding
(MOU) with the Full -Time Employees' Unit, Service Employees International Union Local 721
(SEIU) for the period of July 1, 2019 through June 30, 2022, regarding new employee orientation
in accordance with AB119.
DISCUSSION
Assembly Bill 119 requires public employers to provide time for a union representative to meet
with new employees during their new employee orientation and defines timelines for noticing the
union and conducting the orientation. The City and the Full -Time Employees' Unit, Service
Employees International Union Local 721 (SEIU) recently completed negotiations to comply with
AB119, resulting in an amendment to the Memorandum of Understanding (MOU) (Exhibit 1).
The provisions of the amendment include:
1. New Employee Orientation: The agreement provides a thirty (30) minute meeting for an
SEIU representative to speak to new employees in accordance with Assembly Bill 119 and
allows for new employees and the SEIU representative to be released from their duties to
participate in the new employee orientation with no management representative present.
City Council approval of this amendment will codify the City's agreement to comply with the State
law and facilitate the ability of the employee's exclusive representative to communicate with the
public employees it represents.
25E-1
First Amendment to the Agreement with SEIU 2019-2022
December 17, 2019
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's effort to meet Goal #7 — Team Santa Ana, Objective #6
(Provide a positive workplace environment that supports the health of its employees and
celebrates its success) and Objective #7 (Develop a culture of motivated and innovative leaders
in the organization).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Steven V. Pham
Executive Director
Human Resources Department
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25E-2
EXHIBIT I
SIDE LETTER #1
TO THE
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CITY OF SANTA ANA
AND
FULL-TIME EMPLOYEES UNIT
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 721
Effective December 18, 2019, this Side Letter between the City of Santa Ana ("City") and the full-
time employees represented by the Service Employees International Union Local 721 ("Union"
or "SEIU") amends Section 17.8 — New Employee Orientations to read as follows:
The City shall notify the Union of all new employees entering the bargaining unit and
provide the information listed in Section 17.7 on each new employee no later than
thirty (30) days of hire or by the first pay period of the month following hire. For the
purpose of this section, new employees shall be defined to include any employee
whose classification is in the bargaining unit, including but not limited to employees
entering the unit through new hire, accretion, promotion, or demotion.
Each new employee shall be scheduled to attend an orientation. The City shall provide
the Union with no less than ten (10) calendar days' advance written notice of the date,
time and location of the orientation. The City may provide shorter notice only in a
specific instance where there is an urgent need critical to the City's operations that
was not reasonably foreseeable. Such notice shall be sent to the Union via an email
to membership@seiu721.org, the designated SEIU Worksite Organizer, and the
Chapter President. The notice shall also include the new employee's name, employee
identification number (if assigned yet), and job title.
After receiving notice of each employee orientation, the Union will inform Human
Resources as to whether an SEIU representative will or will not attend.
If an SEIU representative will not be able to attend the scheduled employee
orientation, the Union may deliver union related documents contained within an
envelope or welcome packet for each new employee for Human Resources staff to
hand to the new employee at the orientation. The City will not discuss or answer
questions related to these documents other than to inform the new employee that
they are from the union that exclusively represents his/her classification. In addition,
the employee will be informed that if he/she has any questions regarding the
documents and/or union, he/she should contact his/her Union representative.
Page 1 of 2 CITY SEIU
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If the Union informs the City that an SEIU representative will attend the employee
orientation, the City agrees to provide each new employee with up to thirty (30)
minutes, while remaining on paid duty time, to meet with his/her union
representative during the orientation. No management representative shall be
present during the Union's presentation of the employee orientation. In the event the
union representative providingthe orientation is an employeeof the City (i.e. Chapter
President, union officer, worksite leader, or steward), he/she shall also be provided
with up to thirty (30) minutes of paid release time in which to conduct the union's
portion of the orientation. No more than one (1) City employee at a time shall be
released to conduct the Union's presentation during the orientation.
If the City begins to provide an online on -boarding process, the Union shall have the
right to incorporate up to a thirty (30) minute video and/or PowerPoint presentation
and a link to the SEIU Local 721 website into that online orientation, The Union would
still reserve all other rights in this section, including but not limited to the scheduling
of an in -person thirty (30) minute meeting with the new employee and his/her union
representative while remaining on paid duty time.
FOR THE CITY
Kristine Ridge
City Manager
Steven V. Pham
Executive Directorof Human Resources
FOR SEIU LOCAL 721
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Wendy Thomas
SEIU Local 721 Chief Negotiator
APPROVED AS TO FORM: r~
Peter J. Brown, Liebert Cassidy Whitmore
LEGAL COUNSEL FOR CITY OF SANTA ANA
ATTEST:
Daisy Gomez, Clerk of the Council
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