CONTRACT 3159 - PERM Other CLOSED3159.
LETTER OF AGREEMENT
BETWEEN THE CALIFORNIA TEAMSTERS LOCAL 911/
EL SEGUNDO POLICE SUPPORT SERVICES EMPLOYEE ASSOCIATION
AND THE CITY OF EL SEGUNDO REGARDING IMPLEMENTATION OF
AGENCY SHOP PROVISIONS
Legislative Authority
The City of El Segundo (City) and the El Segundo Police Support Services Employee Association
(Association) mutually understand and agree that as a result of State of California adoption of SB 739,
all full time benefited employees represented by the Association have the right to join or not join the
Association. However, the enactment of a local "Agency Shop," pursuant to SB 739, requires that as a
condition of continuing employment, employees in the respective bargaining unit must either join the
Association or pay to the Association a service fee in lieu thereof. Such service fee shall be established
by the Association, and shall not exceed the standard initiation fee, periodic dues and general
assessments of the Association.
2. Association Dues/Service Fees
(a) Effective April 18, 2003, the Human Resources office shall provide all current full-time benefited
employees, and any full-time benefited employees hired thereafter, with an authorization notice
advising them of the following information: (1) an Agency Shop arrangement for the Association
has been enacted pursuant to state law; and (2) and that all employees subject to the Agency
Shop arrangement must either join the Association, pay a service fee to the Association, or
execute a written declaration claiming a religious exemption from this requirement. Such notice
shall include a form for the employee's signature authorizing a payroll deduction of Association
dues, a service fee or a charitable contribution equal to the service fee. Said employees shall
have 14 calendar days from the date they receive the form to fully execute it and return it to the
Human Resources office.
(b) When the form is completed properly authorizing the deduction of Association dues or the
service fee, and returned during the stated time period, the City shall begin the applicable
deduction of Association dues or the service fee no later than the beginning of the first pay
period commencing after receipt of the authorization form by the Human Resources office. If the
form is not completed properly and/or not returned within the stated time period, the City shall
begin the deduction of the service fee no later than the beginning of the first pay period
commencing after the expiration of the stated time period. If the authorization form is properly
completed claiming the religious exemption and returned during the stated period, the procedure
provided in Paragraph 3(b) shall be followed.
(c) No deductions shall be made during any pay period when an employee's earnings are
insufficient, after all other deductions are made, to cover the amount of the dues, or fees, or
charitable contributions. When an employee is in a non -pay status for an entire pay period, no
withholding will be made to cover the pay period from future earnings. In the case of an
employee in a non -pay status only during part of the pay period, whose salary is not sufficient to
cover the full withholding, no deduction shall be made. In the case of an employee who is
receiving catastrophic leave benefits during any part of a pay period, no deduction shall be
made.
3. Religious Exemption
(a) Any employee who is a member of a bona fide religion, body or sect that has historically held
conscientious objections to joining or financially supporting public employee organizations shall,
upon presentation of active membership in such religion, body, or sect, not be required to
financially support any public employee organization as a condition of employment. The
employee may be required, in lieu of service fees, to pay sums equal to the service fees to a
non -religious, non -labor charitable fund exempt from taxation under Section 501(c)(3) of the
Internal Revenue Code, chosen by the employee from a list of at least three of these funds,
designated in a memorandum of understanding between the City and the Association, or if the
memorandum of understanding fails to designate the funds, then to any such fund chosen by
the employee.
(b) Written declarations of or applications for religious exemption and any supporting documentation
may be submitted to the Human Resources office. Within fourteen (14) calendardays of receipt
of any such written request for religious exemption, the City shall forward a copy of it to the
Association. After receipt of such a request, the City shall begin a deduction of the charitable
contribution no later than the beginning of the first pay period commencing after the receipt of
the request bythe Human Resources office. The charitable contribution shall be held in escrow
pending receipt of the Association's written determination on the request for the religious
exemption. Upon approval of the religious exemption by the Association and upon identification
of an appropriate charity by the employee, the City shall remit the escrowed amount to the
designated charity and thereafter remit the charitable deductions to the designated charity.
Upon denial of the religious exemption by the Association, the City shall convert the charitable
contribution to a service fee deduction and remit the escrowed amount to the Association as
service fees. Charitable contributions shall be made by regular payroll deductions only.
4. Recision
The agency shop arrangement may be rescinded by a majority vote of all the employees in the unit
covered by the memorandum of understanding, provided that:
(a) A request for such a vote is supported by a petition containing the signatures of at least thirty
percent (30%) of the employees in the unit;
(b) The vote is by secret ballot;
(c) The vote may be taken at any time during the term of the memorandum of understanding, but in
no event shall there be more than one recision vote taken during that term.
(d) If a "recision vote" is approved by unit members eligible to vote in such matters during the term
of a current memorandum of understanding, the Association agrees not to petition for or seek
Agency Shop status for the duration of the current memorandum of understanding between the
City and the Association.
5. Indemnification
The Association shall indemnify, defend, and hold the City harmless against any liability arising from any
claims, demands, or other action relating to the City's compliance with the agency fee obligation
including claims relating to the Association's use of monies collected under these provisions.
6. Records
The Association shall keep an adequate itemized record of its financial transactions and shall make
available annually, to the City, and to its employees who are members of the organization, within 60
days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and
an operating statement, certified as to accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant.
7. City Council Approval
f e q
The City and Association agree that the City Council shall approve this letter of agreement prior to
implementation of Agency Shop provisions provided for by SB 739.
City of El Segundo:
Dated: "-1 By: .v
Mayor ike Gordon
Dated: I(— /(0 o 3
a
Mark Hensley,,,C Attorney
ATTEST:
C � 6h1 G
Cindy Mo esen, City Clerk
B
Chester Mordasini,'Teamsters Local 911