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Home My WebLink AboutCC AG PKT 2003-07-28 #G AGENDA REPORT DATE: July 28, 2003 TO: Honorable Mayor and City Council FROM: John Bahorski, City Manager SUBJECT: Certification of Recognized Bargaining Unit Confidential, Supervisory, Professional & Technical Employees SUMMARY OF REQUEST: Council to approve the certification of the Confidential, Supervisory, Professional and Technical Employees into a recognized bargaining unit represented by CEA (City Employees Association). BACKGROUND: The City has received a petition from the Confidential, Supervisory, Professional & Technical employees (currently unrepresented employees) to form a recognized bargaining unit, called the Seal Beach Supervisors and Professionals Association. All requirements of Chapter 16A of the Municipal Code have been met and CEA agrees to all provisions of Chapter 16A of the Code. No objections to the certification have been received. CEA has agreed to the removal of three positions from the unit on the basis of "common interests and access to confidential information ". Those positions are the City Clerk, an elected position, the Associate Planner position and the Secretary to the City Manager position. FISCAL IMPACT: No fiscal impact. RECOMMENDATION: With the a • : • al of the onsent calendar, Council will approve the certification of the Seal B- . . - sors . ' ' ofessionals Association as a recognized bargaining unit. ,...edir . Jo ■ :. Bahorski, City Manager /P. chment: Request for Certification, By -laws, Petition Agenda Item G CEA City Employees Associates 254 B Lindero Avenue Long Beach, CA 90803 562- 433 -6983 (voice) 562- 433 -1264 (fax) cea01@charter.net June 25, 2003 Ginger Bennington, Administrative Assistant City of Seal Beach 211 8th Street Seal Beach, C A 900740. Dear Ms. Bennington, The Confidential, Supervisory, Professional and Technical employees of the City of Seal Beach have formed an employees association and are submitting the enclosed documents to request the Association's exclusive recognition as representative for the Confidential/Supervisory/ Professional/Technical employees bargaining unit. Pursuant to Personnel Ordinance Section 16A -9, the enclosed information is provided. If you have questions or foresee difficulties, would you please give me a call? Thank you for your assistance. Sincerely, Robin Nahin, Association Staff SBPSEA Board • Seal Beach Professionals and Supervisors Association 2118th Street Seal Beach, CA 90740 June 24, 2003 Ginger Bennington, Administrative Assistant City of Seal Beach 211 8th Street Seal Beach, CA 90740. Dear Ginger, As you may know, members of our ( "unrepresented ") bargaining unit have signed petitions to certify the Seal Beach Supervisors and Professionals Association as the exclusive representative for the employees covered by our current Terms and Conditions of Employment. Toward this end, we have retained the professional assistance of Robin Nahin, Mike Gaskins, and Attorney Michael Koskie and Dave Twedell at City Employees Associates. CEA is a labor relations consulting service in Long Beach and they currently represent several dozen city employees associations. We ask that you work with them as our legal representatives. If all goes well, CEA will also be assisting us in the future with contract negotiations, grievances, disciplinary appeals, "non- labor" legal advice, a newsletter, and other educational materials. We think you will find our new staff cooperative and productive to our mutual interests, and we request that you consider them our authorized representatives. CEA's office is at 254 -B Lindero, Long Beach, CA 90803; their phone number is (562) 433 -6983; their fax is (562) 433 -1264 and their email address is cea01 @charter.net. Robin should be contacting you to say hello, to pick up any documents we may not have been able to provide, and to discuss the steps involved in the certification process. We look forward to a continued successful relationship with the City and want to thank you, in advance, for your assistance in familiarizing our staff with our workplace. • Sincerely, 6 71 2: tr , t ) Pam Morris SBPSA (interim) President Seal Beach Supervisors and Professionals Association Request for Recognition The Seal Beach Supervisors and Professionals Association hereby petitions the City of Seal Beach for recognition as the exclusive representative for the Confidential/ Supervisory/ Professional /Technical Employees Bargaining Unit. Pursuant to Seal Beach City Code Section 16A -9, the enclosed information is provided: (a) 1. The name of the organization is the Seal Beach Supervisors and Professionals Association. The address is 211 8th Street, Seal Beach CA 90740. 2. Names and title of the offiers are: ♦ Pamela Morris, President; ♦ Kathleen McGlynn, Vice - President; ♦ Carmen Alvarez, Secretary - Treasurer. 3. The organization has as its primary purpose representing employees of the City of Seal Beach in their relations with the City. A copy of the attached bylaws was approved by the members of the Association at a meeting on June 24, 2003. The Association is not an affiliate of any other labor organization and has no constitution. 4. The organization has no restriction on membership based on race, color, creed, national origin or sex. 5. A petition signed by the majority of members in the bargaining unit, verifying support for Association recognition, is attached. 6. The Association agrees to all the provisions of the Seal Beach City Code. 7. Representatives of the Association for notice purposes are ♦ Robin Nahin, City Employees Associates, 254 -B Lindero Ave Long Beach, CA 90803 ♦ Pamela Morris, Association President, 211 8th Street, Seal Beach CA 90740 (b) The attached petition is signed by more than 50% of the employees in the bargaining unit. Based on the Seal Beach City Code's limitations regarding professional, confidential and supervisory employees' participation in the same bargaining units as non - professional, non- confidential, non - supervisory employees, the Association requests a waiver of the requirement for the filing of a petition on behalf of 15% of all full -time City employees. / q Robin Nahin, Association Staff Pamela Morris, Association P esid nt Seal Beach Supervisors and Professionals Association Request for Recognition The Seal Beach Supervisors and Professionals Association hereby petitions the City of Seal Beach for recognition as the exclusive representative for the Confidential/ Supervisory/ Professional/Technical Employees Bargaining Unit. Pursuant to Seal Beach City Code Section 16A -9, the enclosed information is provided: (a) 1. The name of the organization is the Seal Beach Supervisors and Professionals Association. The address is 211 8th Street, Seal Beach CA 90740. 2. Names and title of the offiers are: ♦ Pamela Morris, President; ♦ Kathleen McGlynn, Vice - President; • Carmen Alvarez, Secretary - Treasurer. 3. The organization has as its primary purpose representing employees of the City of Seal Beach in their relations with the City. A copy of the attached bylaws was approved by the members of the Association at a meeting on June 24, 2003. The Association is not an affiliate of any other labor organization and has no constitution. 4. The organization has no restriction on membership based on race, color, creed, national origin or sex. 5. A petition signed by the majority of members in the bargaining unit, verifying support for Association recognition, is attached. 6. The Association agrees to all the provisions of the Seal Beach City Code. 7. Representatives of the Association for notice purposes are • Robin Nahin, City Employees Associates, 254 -B Lindero Ave Long Beach, CA 90803 • Pamela Morris, Association President, 211 8th Street, Seal Beach CA 90740 (b) The attached petition is signed by more than 50% of the employees in the bargaining unit. Based on the Seal Beach City Code's limitations regarding professional, confidential and supervisory employees' participation in the same bargaining units as non - professional, non- confidential, non - supervisory employees, the Association requests a waiver of the requirement for the filing of a petition on behalf of 15% of all full -time City employees. / /'7-°.3 / Robin Nahin, Association Staff Pamela Morris, Association President YI SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION ByLaws ARTICLE I: PURPOSE The purpose of the Association shall be to represent member rights and interests in their working relations with the City of Seal Beach as provided in the Meyers- Milias- Brown Act. ARTICLE II: MEMBERSHIP A. ACTIVE MEMBER: Any employee in the bargaining unit who pays dues to the Association. B. VOTING RIGHTS: Each Active Member shall be entitled to one vote on each matter submitted to a vote of the general membership. C. DUES: Due Dues shall be established by majority vote of Active Members. The Board of Directors shall establish methods of payment. D. GAINING MEMBERSHIP: Membership may be effected by application to any member of the Board of Directors. E. TERMINATION OF MEMBERSHIP: A member may resign by written notice to the Association. ARTICLE III: OFFICERS AND DIRECTORS A. The officers shall be the President, Vice - President, Treasurer, Secretary, and one Director. These officers shall perform the duties prescribed by these bylaws and by parliamentary authority adopted by the Association. B. The officers and directors, each of whom shall be a member of the Association, shall be elected by secret ballot to serve for one year or until their successors are elected and their term of office shall begin immediately after election. C. No member shall hold more than one office simultaneously or for more than two consecutive erms: D. Nominations for officers and directors shall be made at a general membership meeting in July of each year. The Secretary shall prepare materials for a secret ballot vote to be conducted in August of each year, containing names of those nominated for each office. ' E. The highest number of votes for their respective office shall elect the President, Vice - President, Secretary and Treasurer. Directorships shall go to those obtaining the highest vote totals in the election for Director. F. The Vice - President shall perform the duties of the President in the latter's absence. G. The Treasurer shall receive, manage and disburse Association funds as directed by the full Board of Directors. The Treasurer shall produce and maintain meaningful and current records of Association financial status, and shall make them available upon request to members. H. The Treasurer shall receive, manage and disburse Association funds as directed by the full Board of Directors. The Treasurer shall produce and maintain meaningful and current records of Association financial status, and shall make them available upon request to members. I. The Secretary shall maintain current membership records, distribute Association communications, and effect and maintain current records of Association communications, Board actions, and other pertinent materials. J Directors shall participate with the other officers in reviewing and effecting policy decisions of the Association on all matters, including the decision to call for membership meetings and votes unless otherwise specified in these bylaws. The Board of Directors shall annually develop an operating budget for the Association, and control and direct paid staff. K. Each officer and director shall have one vote. Decisions of the Board shall be by majority vote. A quorum for the transaction of business shall be four members of the Board of Directors. L. A vacancy on the Board of Directors may be filled by majority vote of the remaining members of the Board. A vacancy may be left unfilled. M. A member of the Board may be removed for cause by majority vote of the general membership, in secret ballot. N. The Board of Directors may reschedule an election until such a time as there are eligible candidates. ARTICLE IV: MEETINGS A. GENERAL MEMBERSHIP MEETINGS: An annual general membership meeting shall be held in July. The principal purpose of this meeting shall be to nominate candidates for the Board of Directors. B. SPECIAL GENERAL MEMBERSHIP MEETINGS: Such meetings may be called by majority vote of The Board of Directors. No MOU between the Seal Beach Supervisors and Professionals Association and the City of Seal Beach on wages, hours or other terms and conditions of employment shall be valid unless ratified in a special general membership meeting. C. NOTICE: All general membership meetings shall be announced to members, in writing, in a manner which assures their timely awareness of said meetings. The principal subject(s) of said meetings shall be contained in the notice. D. QUORUM: A quorum for the transaction of business at any general membership meeting shall be 20% of all members enrolled at the time the meeting occurs. E. ORDER OF BUSINESS: The order of business at all Association meetings shall be determined and adhered to by the President. No business, other than the business of which was set forth in the notice of the meeting, may be conducted at all General or Special Association meetings. F. BOARD OF DIRECTORS MEETINGS: Meetings shall be called by the President or a majority of members of the Board of Directors. All Association members are entitled to attend these meetings. ARTICLE IV: COMMITTEES The Board of Directors may designate committees of fixed purpose and duration. Committees shall be subordinate to the Board and shall not have authority to bind City Employees Associates but for Board or general membership approval. Committees may include, but are not limited to, negotiations; grievance and appeal; medical advisory; and political action. Committee size, composition, purpose, and duration shall be determined and controlled by the Board of Directors. ARTICLE VI: MISCELLANEOUS PROVISIONS A. EXECUTION OF DOCUMENTS: Financial transactions shall be effected by signature of the President or Vice - president, and the Treasurer. The signature of the President or Vice - president shall validate other official communications of the Association. B. DISSOLUTION: In event of dissolution of the Association, the Board of Directors shall assure even and equitable disbursal of final assets to current active members. C. AFFILIATION OR SUBSUMATION: The Association shall not affiliate with or be -- - - - --- -- - --- - -- - -- - subsumed_by another_ organization_ b ut_ f or _a_2 /_3_v_ote_of_ALL-member-s, voting =in- - - -:__ _ secret ballot, conducted by a recognized independent agent. ARTICLE VII: AMENDMENTS AND INTERPRETATION OF THESE BYLAWS A. The General Membership Bylaws may be amended as necessary. B. B. Association members may vote. J ' C The General Membership Bylaws may be amended at a general membership meeting by a majority vote of 50% plus one of the valid eligible votes cast. Such amendments shall become effective immediately upon adoption, unless otherwise specified, and the bylaws under which the Association has operated heretofore shall be deemed repealed. D. Notice of proposed amendments to these articles must be submitted in writing to the Association membership by the Association board at least fifteen working days prior to a general membership meeting. E. In the event of any ambiguity in these Bylaws, they shall be interpreted to conform to law S /' n \ ' < \ ...-- .. 9 m._ ' \ c \ 1 1 , WE, THE UNDERSIGNED SEAL BEACH SUPERVISORY, PROFESSIONAL AND CONFIDENTIAL EMPLOYEES WISH TO BE REPRESENTED BY THE SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION PRINT SIGN DATE e;fr, m o Rz_S Q, a. e - 10 - cz.3 P 7� G - i o - os M, d /6 e4 1ner2 6-/0,0 DOA) HA6EN 0 ,91cyJ galiti _6 - p--62.3 c arlv..12..,. cAr � 0 - 1 (1 1 1/4AN.,..‘ ...,..._ ta- t1 -0 . Cilucet. ri esiVC -- :- / 7 -el r A . ie - N� 4. `/ < <7 � 4- • LA , 2, VV. - Ci-v14 I 62' (7-- R0S$ n ( O(..4∎1 D 5 G(18 /03 --,1 q ckl e. atioLk 4 a AL.,,�,/ iALL, 1 ' 17 03 _z_...._ '..-• -...„ A 44,y, 4.. 4 , xi- , t / . , �2 fir. .z, /_. _ %ri .1 / rL