CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 3, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Andrea Russell, Director of Human Resources & Risk
Management
Department: Human Resources & Risk Management
Subject: Recognizing Teamsters Local 1932 (Teamsters)
and American Federation of State, County and
Municipal Employees District Council 36 (AFSCME) as
the Majority Representatives for the General Unit and
Police General Unit for the Purposes of Employer-
Employee Relations with the City.
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2024-065:
1. Recognizing Teamsters Local 1932 (Teamsters) as the majority representative for the General Unit;
2. Recognizing American Federation of State, County and Municipal Employees District Council 36 (AFSCME) as the majority representative for the Police General Unit;
3. Amending the City-Wide Salary Schedule for full-time, part-time, temporary, and seasonal positions
Executive Summary
The General Unit has been unrepresented. Teamsters submitted a petition to represent the positions that have historically been known as the General Unit, not including non- sworn positions in the Police Department. AFSCME submitted a petition to represent those non-sworn positions.
Background
On January 19, 1971, Mayor and City Council adopted Resolution No. 10584, Employer-Employee Relations Resolution (EERR), establishing uniform and orderly methods of communication between the City and its employees for the purpose of promoting improved employer-employee relations in accordance with Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Section 3500 et.
Seq.); “Local Public Employee Organizations”. The resolution also establishes orderly procedures for the administration of employer-employee relations between the City and its employee organizations to support clear communication and protect employee’s rights to exercise freedom of association, self-organization, and designation of representatives of their own choosing. In addition, it provides specific methods for resolving disputes regarding wages, hours, and other terms and conditions of employment.
On January 19, 1971, Mayor and City Council approved Resolution No. 10585, adopting Rules and Regulations relating to EERR in accordance with Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Section 3500, et.
Seq.) “Local Public Employee Organizations”, the chapter is known and cited as the Meyers-Milias-Brown Act (MMBA).
On November 29, 2023, a Petition for Recognition (petition) was filed by Teamsters, requesting formal recognition as the majority representative of the employees that had historically been known as the “General Unit,” excluding those non-sworn positions in the Police Department, for purposes of representing such employees in their employment relations with the City, including but not limited to wages, hours and other terms and conditions of employment.
On December 22, 2023, a Petition for Recognition (petition) was filed by AFSCME, requesting formal recognition as the majority representative of the positions consisting of those non-sworn positions in the Police Department, for purposes of representing such employees in their employment relations with the City, including but not limited to wages, hours and other terms and conditions of employment.
Discussion
Both Teamsters and AFSCME’s petitions for formal recognition have complied with all requirements outlined in Resolution No. 10584 Section 9 (A) Formal Recognition - the Right to Meet and Confer in Good Faith as Majority Representative. Resolution No. 10585, Rule 1 (A) (3) requires written proof to be submitted by an employee organization in the unit establishing it represents more than 50% of the employees.
Representatives of Teamsters and AFSCME submitted written proof confirming they represent more than 50% of the employees for purposes of employment relations with the City, therefore, meeting the requirement.
Teamsters and AFSCME have met all the requirements to be granted formal recognition as outlined in the City’s EERR and applicable statutes. Pursuant to Government Code Section 3507.1 (c), a public agency is required to grant exclusive or majority recognition to an employee organization based upon proof that a majority of the employees support recognition of the unit.
While the proposed bargaining units seek to carve out non-sworn civilian employees in the Police Department, some of those classifications in the Police Department are also included in General Unit. These classifications include Accounting Technician I (flex), Accounting Technician II, Executive Assistant, Administrative Assistant, and Senior Office Assistant. The proposed bargaining units would split these classifications into both units by retitling those positions in the Police Department. Updated position titles are incorporated in Exhibit “A”. Both bargaining units will continue to adhere to the “General Unit” MOU through the expiration of the contract.
Staff is recommending formal recognition of Teamsters as the majority representative of the employees that had historically been known as the “General Unit,” excluding those non-sworn positions in the Police Department. In addition, Staff is recommending formal recognition of AFSCME as the majority representative of the positions consisting of those non-sworn positions in the Police Department.
As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
2021-2025 Strategic Targets and Goals
Recognizing Teamsters and AFSME as the majority representative of the General Unit and Police General Unit aligns with Key Target 2b: Focused, Aligned Leadership and Unified Community - Build a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
There is no fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2024-065:
1. Recognizing Teamsters Local 1932 (Teamsters) as the majority representative for the General Unit;
2. Recognizing American Federation of State, County and Municipal Employees District Council 36 (AFSCME) as the majority representative for the Police General Unit;
3. Amending the City-Wide Salary Schedule for full-time, part-time, temporary, and seasonal positions.
Attachments
Attachment 1 Resolution No. 2024-065
Attachment 2 Resolution No. 2024-065; Exhibit A - City-wide Salary Schedule Attachment 3 Exhibit B - Petition for Recognition - Teamsters Attachment 4 Exhibit C - Petition for Recognition - AFSCME Ward:
All Wards
Synopsis of Previous Council Actions:
January 19, 1971 Mayor and City Council adopted Resolution No. 10584, establishing Uniform and Orderly Methods of
Communications Between the City and Its Employees for
the Purpose of Promoting Improved Employer-Employee
Relations.
January 19, 1971 Mayor and City Council adopted Resolution No. 10585, adopting Rules and Regulations Relating to Employer-
Employee Relations.
March 6, 2024 Mayor and City Council adopted Resolution No. 2024-037 amending the City-wide salary schedule for full time, part- time, temporary, and seasonal positions.