DATE: December 11, 2018
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, Director of Human Resources
SUBJECT: Addenda to Memoranda of Understanding for Representation Units 13, 39 and 43
RECOMMENDED ACTION(S):
TITLE
Approve the Addenda to the Memoranda of Understanding regarding Dues and Deductions for the following Representation Units, represented by Stationary Engineers - Local 39, effective December 11, 2018, as reflected in the Addenda:
• Unit 13 - Crafts and Trades
• Unit 39 - Operating Engineers
• Unit 43 - Computer Employees
REPORT
Approval of the recommended action would effectuate the tentatively agreed upon terms and conditions as delineated herein regarding the Supreme Court’s decision in Janus v. AFSCME, issued June 27, 2018, and Senate Bill (SB) 866. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action.
DISCUSSION:
On June 27, 2018, the Supreme Court issued its decision on Janus v. AFSCME, ruling that public sector employees cannot be forced to pay a union as a condition of employment, effectively finding it unconstitutional to compel non-union member employees to pay “agency fees” in lieu of becoming a member and paying membership dues.
Additionally, SB 866 was signed into law requiring the recognized employee organization to notify the public employer of the employee’s authorization for dues deductions.
As a result of these legislative actions, your Board’s representatives have met and conferred with Local 39 representatives regarding an addenda which will add and/or delete language pursuant to Janus v. AFSCME and SB 866.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Addenda to MOU for Units 13, 39 and 43
CAO ANALYST:
Deborah Paolinelli