HomeMy WebLinkAboutContracts & Agreements_155-2014_CCv0001.pdf Side Letter of Agreement("Agreement") Between
The City of Redlands ("City")and
The Redlands Civilian Safety
Employees Association("RCSEA")
The City has recognized the RCSEA as the exclusive bargaining unit for non-sworn safety
employees;this recognition is pursuant to the California Meyers-Milias-Brown Act, California
Government Code Section 3500,et seq., which governs employer-employee relations within
various public agencies in the State of California. The City and RCSEA have in place a
Memorandum of Understanding("MOU")for July 1, 2012 through June 30, 2015 which governs
wages,hours, and working conditions (attached and incorporated herein by reference).
Since 1985,the provisions of the Federal Fair Labor Standards Act("FLSA") have applied to
public agencies in the State of California,Garcia v. San Antonio Metropolitan Transit Authority_
(1985)469 U.S. 528, 105 S.Ct. 1005, 83 L.Ed.2d 1016. Section 7(b)of the FLSA, codified at 29
United States Code ("USC") Section 207(b),provides:
"No employer shall be deemed to have violated subsection(a) of this section by
employing any employee for a workweek in excess of that specified in such
subsection without paying the compensation for overtime employment prescribed
therein if such employee is so employed—
(1)in pursuance of an agreement, made as_a result of collective bargaining by
representatives of employees certified as bona fide by the National Labor
Relations Board,which provides that no employee shall be employed
more than 1,040 hours during any period of 26 consecutive weeks; or
(2)in pursuance of an agreement, made as a result of collective bargaining by
representatives of employees certified as bona fide by the National Labor
Relations Board,which provides that during a specified period of 52
consecutive weeks the employee shall be employed not more than 2,240
hours and shall be guaranteed not less than 1,840 hours(or not less than
46 weeks at the normal number of hours worked per week, but not less
than 30 hours per week) and not more than 2,080 hours of employment for
which he shall receive compensation for all hours guaranteed or worked at
rates not less than those applicable under the agreement to the work
performed and for all hours in excess of the guaranty which are also in
excess of the maximum workweek applicable to such employee under
subsection(a) of this section or 2,080 in such period at rates not less than
one and one-half times the regular rate at which he is employed."
In a letter ruling issued by the Federal Department of Labor("DOL")on November 1, 1985
(attached and incorporated herein by reference), the DOL stated in part:
"We have been advise [sic]by the NLRB that it has the authority to process
petitions from labor organizations of government employees seeking certification
as `bona fide' for purposes of sections 7(b)(1) and 7(b)(2) of FLSA. Petitions for
such certification should be filed in an appropriate NLRB Regional Office where
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they will be processed and forwarded to the Board in Washington,D.C.,which
will make the decision whether or not to issue certification.
Therefore, if the tests for exemption under section 7(b)(1) and 7(b)(2)are met and
the public employee labor organization is certified as `bona fide' by the NLRB,
the public employees covered by the `agreement' are eligible for such
exemption."
The City and RCSEA have agreed to seek approval of the National Labor Relations Board
("NLRB")for a"partial exemption"pursuant to Section 7(b)(2) of the FLSA.
The City and RCSEA agree to the following:
I. Only employees represented by RCSEA may be compensated under the
provisions of this Agreement.
2. Participating RCSEA employees are guaranteed annual employment.
3. The applicable period of 52 consecutive weeks is a calendar year, commencing
January 1.
4. The guaranteed number of hours in the 52-week period may not be less than 1,840
hours nor more than 2,080 hours.
5. No RCSEA employee may be employed in excess of 2,240 hours in the 52-week
period.
6. In those instances where the City has employed an RCSEA employee in excess of
2,240 hours in the 52-week period,the City must recompute the earnings of such employee for
each workweek within the 52-week period and pay statutory overtime pay for each hour, or part
thereof, worked in excess of 40 in the workweek. However, all straight-time and overtime pay
previously paid under the terms of Section 7(b)(2) of the FLSA may be credited against the
amount of wages found due an employee as a result of any such recomputation. Any hours paid
for but not worked, such as vacation or sick time, are excluded form the 2,240-hour count.
7. There are four recognizable maximum hours standards that come into play in this
Agreement. The first maximum hours standard is that which requires overtime pay after 12 hours
of work per day or 56 hours of work per week. This standard must be complied with in all
workweeks up until the time that the number of hours guaranteed, on either(1)a total number of
hours of work in a 52-week period basis, or(2) a specified number of hours per a specified
number of workweeks basis,have been worked. The number of hours guaranteed may not
exceed 2,080 in a 52-week period on either basis. Where the hours guaranteed for a 52-week
period are less than 2,080,overtime pay must be paid for all hours worked over 40 in a
workweek after the guaranteed number of hours have been worked.This is the second maximum
hours standard. The third maximum hours standard requires overtime pay for each and every
hour worked in excess of 2,080 hours up to and including 2,240 hours, regardless of the number
of hours guaranteed or the basis used to determine the guarantee.Finally,the fourth maximum
hours standard is that which requires overtime pay for all hours worked over 40 in a workweek
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RCSEA
REDLANDS CIVILIAN SAFETY EMPLOYEES ASSOCIATION
A LABOR UNIT OF THE REDLANDS POLICE DEPARTMENT
CITY OF REDLANDS'
March 11, 2014
National Labor Relations Board:
On February 20th 2014 members of the Redlands Civilian
Employees Safety Association (RCSEA) , Labor Unit for the
City of Redlands, met with Police Chief Mark Garcia and
Human Resources Director Amy Martin, for the City of
Redlands. The meeting was scheduled to review a Draft
Proposal to Amend Article 8 of the current Memorandum of
Understanding (MOU) .
The proposal amends the current Memorandum by adding
Subsection D to Article 8, 3/12 schedule as the Standard
Tour of Duty and amends Article 8-Overtime.
29 United States code, Section (U.S.C.) 207(b) provides that the City may calculate
overtime for unionized public employees based on the average work hours over a one year
period, providing a partial exemption to paid premium overtime for working in excess of
40 hours in a seven day period. This section requires that the recognized bargaining
unit, RCESA, must enter into a partial exemption plan with the city to utilize this
calculation. If an agreement is made between the bargaining unit and the City, the
bargaining unit and the city must petition the National Labor Relations Board for
approval of the Partial exemption_
The Amendment to the RCSEA MOU is as Follows:
A. ARTICLE 8 - Overtime, SUBSECTION D
For the duration of the term of this MOU, commencing with the full
execution of this agreement, the City will calculate employee overtime,
consistent with 29 U.S.C. 207(b) , in the following manner:
1. Work hours in excess of 12 hours per day on a normally assigned
work day will be calculated as overtime, consistent with the
proceeding stipulations for Article 8 of the current RCSEA MOU.
Continued
CITY OF REDLANDS"A CITY THAT WORKS"
DISPATCHERS-RECORDS DEPARTMENT-COMMUNITYSERVICE OFFICERS-FORENSICS
CRIME ANALYSIS-ADMINISTRATRATIVE ASSISTANT-ANIMAL CONTROL-BUILDING
MAINTENANCE AND SUPPORT SERVICES
2. For the limited purposes of overtime calculations an employee's
pay back period, when assigned a 3/22 schedule as the Standard
Tour of Duty , will not be calculated as overtime, unless the
payback period exceeds the total number of hours necessary to
average a 40 hour work week based on the annual average or is
more 12 hours in a day or more than 56 hours in a week.
3. Overtime will be calculated based on an annual average of forty
hours per week per year.
4. Employees regular work hours for those employees assigned to a
3/12 work schedule as their Standard Tour of Duty will be limited
To 2240 hours per year.
In an effort to assist employees in maintaining their customary
flexible working schedule, RCSEA (Redlands Civilian Safety Employees
Association) Agrees to enter into this agreement with the City of
Redlands for the duration of the term of this MOU.
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PatP
Gowan, President
RCSEA Redlands Civilian Safety Employees Association
CITY OF REDLANDS"A CITY THAT WORKS"
DISPATCHERS- RECORDS DEPARTMENT-COMMUNITYSERVICE OFFICERS--FORENSICS
CRIME ANALYSIS--ADMINISTRATRATIVE ASSISTANT-ANIMAL CONTROL--BUILDING
MAINTENANCE AND SUPPORT SERVICES
in all workweeks within the 52-week period because of the fact that the employee worked in
excess of 2,240 hours in the 52-week period.
This Agreement will be submitted to the NLRB to obtain certification that RCSEA is a bona fide
collective bargaining agent for RCSEA represented employees. This Agreement shall become
effective upon such NLRB certification and adoption by the Redlands City Council.
The City shall maintain payroll/overtime records as required by 24 C.F.R. Section 516.20..
Upon certification by the NLRB and approval of this Agreement by the Redlands City Council,
the current MOU shall be considered amended to add subsection D to Article 8, Overtime,to
calculate overtime in the following manner:
1. Work hours in excess of 12 hours per day on a normally assigned work day will be paid
as overtime.
2. An employee's"payback period,"when assigned a 3/12 schedule as the standard tour of
duty,will not be paid as overtime unless the "payback period"exceeds the total number
of hours necessary to average a 40-hour workweek based on the annual average, or is
more than 12 hours in a day, or is more than 56 hours in a week.
3. Overtime will be calculated based on an average of 40 hours per week per year.
4. Employees' regular work hours, for those employees assigned to a 3/12 work schedule as
their standard tour of duty, will be limited to 2,240 hours per year.
In an effort to assist employees in maintaining their flexible working schedule,the City and
RCSEA enter into this Agreement.
Date: Date: -=' / f
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For the City of Redlands Representative for RCSEA
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Pete Aguilar,Mayor RCS Representati e
Attest. ,,,, ja�
anne Donaldson,
Deputy City Clerk
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