Title
Adoption of Resolution Approving a Memorandum of Understanding (MOU) between the Electrical Utility Professionals of Alameda (EUPA) and the City of Alameda for the Period Commencing February 23, 2014 and Ending December 26, 2015. (Human Resources 2510)
Body
To: Honorable Mayor and Members of the City Council
From: John A. Russo, City Manager
Re: Adopt a Resolution Approving a Memorandum of Understanding between the Electrical Utility Professionals of Alameda and the City of Alameda for the Period Commencing February 23, 2014 and Ending December 26, 2015
BACKGROUND
On November 19, 2013, the City of Alameda received a Petition for Modification of the existing Alameda Management and Confidential Employees Association ("MCEA") which was filed on behalf of various classifications of employees assigned to Alameda Municipal Power ("AMP"). Pursuant to the procedures set forth in the City's Employer-Employee Relations Resolution, City of Alameda Resolution 7476, ("EERR"), and the related Rules and Regulations implementing the EERR, City of Alameda Resolution No. 7477, ("Rules and Regulations") the City's Municipal Employee Relations Officer ("MERO"), Elizabeth Warmerdam, reviewed the Petition for Modification.
On December 9, 2013, the MERO held a hearing on the Petition to allow representatives from both MCEA and the petitioning employees a chance to express concerns or issues related to the matter. After the hearing, Ms. Warmerdam, concluded that the composition of the proposed unit was appropriate, with the exception of five classifications. Those classifications included the four (4) Assistant General Managers and the Senior Human Resources Analyst, which were determined not to share the same community of interest shared by the other classifications identified in the Petition. Ms. Warmerdam further found that all procedural requirements of the EERR were satisfied to proceed with formal recognition of the proposed new bargaining unit and that the Electric Utility Professionals of Alameda ("EUPA") satisfied the requirements for formal recognition as the exclusive representatives to this new bargaining unit. This decision became final on February 23, 2014.
The attached Resolution will approve a new Memorandum of Understanding (MOU) governing the terms and conditions of employment for EUPA.
DISCUSSION
The Petition for Modification sought to modify an existing bargaining unit represented by MCEA by severing 32 classifications assigned to AMP and placing them in a new bargaining unit. As the MERO, Ms. Warmerdam reviewed these classifications to determine whether they did, indeed, represent different communities of interest than the classifications from which they were separated. The fact that the majority of these classifications were specific to AMP and shared knowledge specific to an electric utility were important factors in making this determination.
Within these classifications were three classifications which will be adapted to create new AMP-specific versions. These are: Administrative Service Coordinator - AMP, Executive Assistant - AMP and Office Assistant - AMP. These new classifications will recognize that these positions are not like their similarly-named counterparts represented by MCEA as they are recognized as accommodating the unique needs and knowledge of AMP. Having separate AMP classifications for these three classifications will also avoid potential confusion with two different bargaining units sharing a single classification
In making these determinations, Ms. Warmerdam, acting as MERO, also determined that the four most senior management classifications at AMP (all Assistant General Managers) and a Senior Human Resource Analyst assigned to AMP did not have a community of interest with the newly proposed bargaining unit, mainly because of their close relationship to executive management and their need to exercise their management and human resources functions over the newly created bargaining unit. Therefore, Ms. Warmerdam determined that while these classifications were eligible for removal from the MCEA unit, they were not eligible for inclusion into EUPA.
These five classifications are now unrepresented, although they are free to seek representation at any time. This group, the Alameda Municipal Power Unrepresented employees ("AMPU") will have its own compensation plan, similar in manner to the plan governing wages and benefits for the classifications making up Executive Management Employees (EXME).
Pursuant to Section 3, Rule 1(A)(2) of the Rules and Regulations, no action was taken for thirty days following the issuance of determination made by Ms. Warmerdam regarding the disposition of the new bargaining unit. The purpose of the thirty-day waiting period was to permit any other employee organization the opportunity to seek formal recognition in an overlapping unit. No additional petitions for recognition by competing organizations were received. On February 12, 2014, pursuant to Section 3, Rule 1(A)(3) of the Rules and Regulations, Ms. Warmerdam served notification that gave formal recognition to EUPA and noted the effective date as February 23, 2014. Therefore, effective February 23, 2014, these listed classifications were removed from MCEA and placed in the newly formed EUPA.
The City of Alameda's labor relations representatives have met with representatives of EUPA and determined that the initial provisions and salaries would reflect the same provisions and salaries as those in the MCEA contract for the remainder of the term of the MCEA MOU, which was authorized by the City Council in June 2012. The attached Memorandum of Understanding ("MOU") with EUPA reflects these negotiations and is for the period February 23, 2014 through December 26, 2015. Appendix A to the MOU is the Salary Schedule for the classifications of EUPA. The membership of EUPA met the week of April 28, 2014 and voted "overwhelmingly" to ratify the attached MOU.
FINANCIAL IMPACT
No budget adjustments are required at this time apart from those changes which were already anticipated from the MCEA MOU.
ENVIRONMENTAL REVIEW
Adopting this resolution is not a project under CEQA in that it is a continuing administrative activity, such as a personnel related action. CEQA Guidelines, section 15378(b)(2).
RECOMMENDATION
Adopt a Resolution approving a Memorandum of Understanding between the Electrical Utility Professionals of Alameda and the City of Alameda for the period commencing February 23, 2014 and ending December 26, 2015.
Respectfully submitted,
Stephanie Garrabrant-Sierra, Administrative Service Director
Financial Impact section reviewed,
Fred Marsh, Finance Director
Exhibit:
1. Memorandum of Understanding