9. CONSIDER AUTHORIZATION TO RETAIN LABOR NEGOTIATOR
Meeting Date: December 15, 2003 Budgeted: Yes
Committee Recommendation: N/A
CEQA Compliance: N/A
SUMMARY: With respect to work rules, conditions of employment, and wage and benefit issues, MPWMD employees are presently divided into the following representational units: General Staff, Management Staff; Confidential Staff. The Board has approved separate labor agreements, or Memorandums of Understanding (MOU’s), applicable to each group, in accord with the Meyers-Milias-Brown Act set forth in the Government Code. The two-year term for each of these agreements shall expire on June 30, 2004. It is now timely to negotiate successor agreements to address issues pertaining to work rules, conditions of employment, and wage and benefits for the two groups represented by Laborer’s International Union of North America, AFL-CIO, United Public Employees of California (LIUNA).
RECOMMENDATION: Staff recommends, upon approval of this Consent Calendar item, that the General Manager be authorized to retain Ellen Aldridge of William Avery and Associates as the lead MPWMD labor negotiator to negotiate successor agreements to: (a) the Memorandum of Understanding between the Monterey Peninsula Water Management District and the General Staff Bargaining Unit, Represented by Laborers’ International Union of North America, Local 270, and (b) the Memorandum of Understanding between the Monterey Peninsula Water Management District and the Management Staff Bargaining Unit, Represented by Laborers’ International Union of North America, Local 270. The basis for the proposed contract is the time/effort expended by the negotiator, for an amount not to exceed $15,000.
In addition to the designation of Ms. Aldridge as lead negotiator, the Board should also appoint Rick Dickhaut and Cynthia Schmidlin to the District negotiating team.
BACKGROUND: The District received notice at the end of November, 2001 that there was sufficient interest on the part of District staff, through the signing of formal interest cards, for LIUNA to request recognition as the official representative for all District regular employees other than the General Manager. Up to this point in time, District employees had represented themselves with the Board. A Personnel Resolution, approved by the Board, governed personnel policy regarding major conditions of employment.
On January 31, 2002, the Board adopted a resolution implementing an Employee-Employer Relations Resolution (EERR) for the administration of orderly labor relations between the District and its employee organizations. This EERR designated the three District bargaining units, in accordance with the provisions of state labor law. On February 26, 2002, following an official count of interest cards, the District acknowledged LIUNA as the exclusively recognized employee organization and bargaining representative for the General Staff Bargaining Unit and the Management Staff Bargaining Unit. The Confidential Staff Bargaining Unit elected to represent themselves in negotiations with the Board.
Bargaining sessions between labor negotiators for the District and labor negotiators for the represented bargaining units began on May 1, 2002. Over the course of the next several months, negotiators came to tentative agreement on the majority of issues addressed. However, agreement could not be reached on a number of critical points. Therefore, both parties agreed to a move from the bargaining process to mediation, accepting the services of the California State Mediation and Conciliation Services. Mediation began on October 22, 2002. This process resulted in an agreement between District and LIUNA representatives that was also accepted by the LIUNA membership. Memorandums of Understanding between the District and the represented bargaining units resulting from the mediation, as well as a parallel Memorandum of Understanding with the members of the Confidential Staff bargaining unit, were approved by the Board on December 16, 2002.
Ellen Aldridge of William Avery and Associates provided labor negotiation advice (as contrasted to lead negotiation services) to MPWMD relating to the Memorandums of Understanding for both the General Staff and Management Staff bargaining units. The work proposal forwarded by Ellen Aldridge is attached to this staff note (Exhibit 9-A).
Rick Dickhaut and Cynthia Schmidlin performed lead negotiation roles for the existing set of LIUNA MOUs, and are recommended to continue to provide assistance in this negotiation effort. General Counsel, David C. Laredo, shall provide legal advice to the negotiations team on an “as needed” basis.