Agenda

Return

SD.2

To:	Board of Supervisors
From:	Ted Cwiek, Human Resources Director
Date:	February 4, 2014

Contra

Costa

County

Subject:

Settlement Agreement with IFPTE Local 21 regarding Temporary Employees

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/04/2014

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Ted Cwiek, (925) 335-1766

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: February 4, 2014
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution No. 2014/51 approving the Settlement Agreement between Contra Costa County and IFPTE, Local 21, to agree that IFPTE, Local 21 is the formally recognized employee organization for temporary employees who are employed by Contra Costa County to perform temporary services in classifications that are represented by IFPTE, Local 21. For those temporary employees who are retired from Contra Costa County service, the subjects of health benefits, dental benefits, and retirement benefits are excluded from the scope of representation.

FISCAL IMPACT:

There is no cost associated with this action.

BACKGROUND:

On January 13, 2009, Resolution 2009/18 granted informal recognition to Professional and Technical Engineers, Local 21, AFL-CIO (“Local 21”) for bargaining units consisting of the classifications listed in the Appendices attached thereto. Subsequently, on June 23, 2009, Resolution 2009/322 granted recognition to the same bargaining units pursuant to a card check election supervised by the State Mediation and Conciliation Service. The unit description in both Resolutions identified the classifications involved, but the description did not specify the types of employees covered (e.g., full-time, part-time or temporary employees).

On or about April 27, 2011, Local 21 filed a grievance against Contra Costa County, asserting that they represented all employees in those classifications listed in the Resolutions, regardless of the status of the employee (e.g., retiree) or the number of hours worked in the position (e.g., part time or intermittent). On or about July 2013, the parties reached a Settlement Agreement (attached), which provides that the scope of the bargaining unit will include temporary employees. However, notwithstanding Government Code section 3504, for those Local 21-represented temporary employees who are retired from Contra Costa County service (“retiree temps”), the Settlement Agreement specifically excludes the subjects of health benefits, dental benefits, and retirement benefits from the scope of representation.

CONSEQUENCE OF NEGATIVE ACTION:

The precise scope of the bargaining unit represented by Local 21 will remain unclear.