TITLE
Recommendation to adopt resolution declaring impasse and authorizing implementation of the terms of the City's last, best and final offer to the Long Beach Association of Engineering Employees (LBAEE), pursuant to Government Code Section 3505.4. (Citywide)
DISCUSSION
The City's agreement with the Long Beach Association of Engineering Employees (LBAEE) expired on September 30, 2008. Since July 2008, City management representatives acting in good faith, attempted to negotiate a successor agreement with the LBAEE. City representatives and representatives of the LBAEE have had over thirty meet and confer sessions regarding changes in wages, hours and other terms and conditions of employment. After engaging in this lengthy period of bargaining, and a fair consideration of the Association's proposals, the City and the Association are at impasse in these negotiations. The City's last, best and final offer made to the LBAEE on October 6, 2010 (Attachment A) and the LBAEE's last, best and final counter proposal made to the City on October 29, 2010 are attached (Attachment B).
Government Code section 3505.4 authorizes the City to implement terms of its last, best, and final offer. Section 3504.4 provides:
If after meeting and conferring in good faith, an impasse has been reached between the public agency and the recognized employee organization, and impasse procedures, where applicable, have been exhausted, a public agency that is not required to proceed to interest arbitration may implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agency's last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law.
The City Council's adoption of the attached Resolution authorizes the implementation of the terms of the City's last, best, and final offer of October 6, 2010. The adoption of the Resolution will not and cannot establish a new Memorandum of Understanding, but will change some of the terms and conditions of employment under which the parties are currently operating.
This matter was reviewed by Deputy City Attorney Christina L. Checel on January 12, 2011 and Budget Management Officer Victoria Bell on January 6, 2011.
TIMING CONSIDERATIONS
City Council action is requested on February 1, 2011 to ensure implementation of the terms of the City's last, best, and final offer.
FISCAL IMPACT
There is no immediate fiscal impact associated with the City's last, best and final offer. If and when new hires join the LBAEE, there will be savings to the City from the new terms presented in this last, best and final offer.
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONG BEACH DECLARING IMPASSE AND AUTHORIZING IMPLEMENTATION OF THE TERMS OF THE CITY'S LAST, BEST AND FINAL OFFER TO THE LONG BEACH ASSOCIATION OF ENGINEERING EMPLOYEES (LBAEE), PURSUANT TO GOVERNMENT CODE SECTION 3505.4.
Respectfully Submitted,
DEBORAH R. MILLS
DIRECTOR OF HUMAN RESOURCES
APPROVED:
PATRICK H. WEST
CITY MANAGER