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SR-603-006 (2) , . ?f}3-tOO~ . PE:SEM:p Council Meetlng: January 10, 1983 Santa MonIca, California l:2. - B TO: Mayor and Clty CouncIl JAM 1 0 1984 FROM: CIty Staff SUBJECT: Appeal of MunIcIpal ~ployee DetermInation RegardIng United PetItIon. RelatIons Officer's Transportation UnIon IntroductIon ThIS report transmIts the appeal of the United TransportatIon UnIon regardIng the determinatIon of the Municipal Employee Relations OffIcer that t~e maIntenance personnel of the TransportatIon Department do not constItute an appropriate unit with Motor Coach Operators under Ordinance Number 801 (CCS), and requests adoption of the attached findings regarding the appeal. Backg round Under Ordinance Number 801, the City Manager In hIS capacity as MunICIp3l Employee Relations Officer must determine whether a proposed bargaInIng unit is an "appropriate unit". The UTU's petItIon and related documents are attached for the CIty CouncIl's informatIon as is a copy of the CIty Manager's response. The CIty Manag er' s decision was based on conSIderatIon of t~e crIterIa established by OrdInance Number 801 (CCS). rhe UTU appealed the City Manager's determInation WIthin the ten day perIod provided under OrdInance Number 801 and the CIty Council has thirty days from the f1lIng of the appeal to reach a decI~ion in the matter. '" - B J.~~ fI~ :.......i..r"'r. . . Consequences of CouncIl ActIon Under OrdInance Number 801, CouncIl's decIsIon on the appeal IS final. If the appeal is denIed, UTU may pursue a CiVIl action. RecommendatIon It IS recommended that Council deny t~e appeal of UTU and adopt the following fIndings: 1. Ordinance Number 801 (CCS), section 3.02 provIdes: liThe MunicIpal Employees Relations Officer, after reviewIng the petItIon filed by an employee organIzatIon seekIng formal recognItIon as maJorIty representatIve and acknowledgement as the recognIzed employee organizatIon shall determIne whether the proposed unIt lS an appropriate unit. The princIpal crIterIon In makIng this determination IS whether there IS a community of interest among such employees. The followIng factors, among others, are to be considered In making such determinations: (a) Which unit WIll assure employees the fullest freedom In the excerClse of rights set forth under thIS Ordinance. (b) The hIStOry of employee relations in the unit, among ot~er employees of the City and 10 SImIlar public employment. . . (c) The effect of the unit on the efflClent operation of the CIty and sound employer-employee relations. (d) The extent to WhICh employees have common SkIlls, Job dutIes, workIng condItions, or departmental assignment. provIded, however, no unIt shall be established solely on the basis of the extent to WhICh employees In the proposed unlt have organlzed.1I 2. In regard to fullest freedom In the excercise of rIghts under OrdIna.nce 801, the CIty CouncIl fInds: A. wage, benefIt and workIng condItion negotiations can be most effectively pressed by a unified communIty of similar interests. B. Motor Coach Operators and maIntenance personnel in the TransportatIon Department work under substantially dIfferent conditlons and do not share a cammon history of wage and benefIt conventIons and practIces. C. Maintenance personnel In the Transportation Department share substantIally similar work i ng conditIons and a history of wage and benefit conven t ions and practices with the Mechanics, Assistant Mechanics and other malntenance personnel who work elsewhere in the City. . . D. Maintenance personnel in the Transportation Department can exerCise the fullest freedom of theiC rights iO theic current bargalnin~ unit as opposed to UTU. E. DissatisfactIon with the currently recognIzed employee organizatIon is more appropriately addressed by a change 1n representation than by a change 10 appropriate unit. 3. In regard to the history of employee relations in the unit, among other employees of the Clty and In simIlar public employment, the City Council fInds: A. Slnce the 1969 adoption of OrdInance Number SOl (CCS) which ~ave CIty employees the right to collectIvely bargain, Transportation Department maintenance personnel have been part of an approprIate unit that includes other blue collar employees. B. Since the adoption of Ordinance Number BOl {CCS) Motor Coach Operators have been in an appropriate unIt consist1ng only of Motor Coach Operators. c. Prlor to 1969 any association of Transportation Department maintenance personnel with the Brotherhood of Rallroad Trainmen was not and could not be recognized by the Clty and must be regarded as haVing no bearing on modern labor relatIons. . . D. Other munIcipalitIes with bus lines (Culver City, Torrance, Montebello and Gardena) have their transportatIon maIntenance personnel in the same units as theIr other blue collar employees. 4. In regard to the effect of the unit on the effICIent operation of the City and sound employer-employee relations, the CIty CouncIl finds: A. The effiCIent operatIons of the CIty are best served If ~aIntenance personnel of the Transportation Department remain in theIr current bargaIning unit SInce safety could be affected if drivers became less likely to criticize the quality of the maIntenance functIon because maIntenance personnel are fellow members of their un Ion. B. Given the sIgnificantly different interests of drivers and malntanance personnel, bargaining would not be for unified purpose. As drIvers signIfIcantly outnumber maintenance personnel, their Interests would undoubtedly dominate collectIve bargaIning to the detrIment of maIntenance personnel. 5. I~ regard to the extent to which employees have common SkIlls, dutIes, workIng condltions and departmental assignments, the City Council tinds: . . A. The Skills required of Transportatlon Department maintenance personnel are not similar to those requIred of Motor Coach operators. They are Slmllar to those of other City malntenance pe rsonne 1 . B . The job dutle~ of Transportatlon Department maintenance personnel are not simllar to those of ~otor Coach Operators. They are similar to those of other C1ty ma1ntenance personnel. C. The work i og conditions of Transportation Department malotenance personnel are not similar to those of Motor Coach operators. They are s im i 1 a r to those of other City malntenance personnel. D. Although maintenance pe rsonne 1 work in Transportat~on as do Motor Coach Operators, this is not a sufficient argument for an appropriate unlt. 6. Based upon all of the above considerations, the City Counc il f Inds: A. UTU has not established that a co~nunity of interest exist~ between Motor Coach Operators and Transportation Department maintenance personnel. Prepared By: Susan E. McCarthy [ / ,~ } , ~ J . . u . ,] /PaDsponation :J~7]:tZ7 LOCAL 1785 SANTA MONICA CALIj:"OR~IA June 1, 1983 Personel Director City of Santa ~fun~ca 1685 }hin Street Santa Honiea, California 90401 Dear Susan: I am submitting herewith, a petition to be filed a.long with the request of Local 1785. That requwst being that the mechanics and service personel be allowed representation by this Local. I really don't think it is necessary to have an election. Arter all, the maJority of these people have signed authorization cards. Also, they are will~ to petition the depattment for their re- lease from the groap they are now with and request that we be designated their representative. For the most part, their problems and grievances will be handled locally (for 'the most part withl.Il the department) and I bel eave the moral and productiv1 ty will show an improvement. If it is necesary for the Council to act on this question, I feel tha.t it can be done under the provisions of 801. Sincerely yours, 7~)' ;I /)Uf{~ ~~ E. Clark Secretar,y and Treasurer Legislative Representative Delagate Alternate Legislative Representative Ca1i.forn1a Sta.te Legislative Board United Transportation Union ~. 8j'l; 9: 1 lOr \ ! 1]: 12 I 13 14 ]5, I i Hj: 17 ' lR 1!1' 20 2] 22 2:l 2,1 I . . . ] 2,' L 31' 1 I i' 41 r:! .) 1 6 Richard L. Knickerbocker KNICKERBOCKER & FICHTER Wilsh~re-Pal~sades Building 1299 Ocean Avenue, Su~te 300 Santa Mon~ca, California 90401 (213) 393-5321 PETITION FOR RECOGNITION , AS BARGAINING UNIT The United Transportat1.on Union, Local 1785, hereby pet1.t1.ons the City of Santa Monica to be formally recognized as the exclusive representative of Santa Monica employees engaged in maintenance coaches of motor and other transportation for the City transportation system. In support of this petition the United Transportation Union, Local 1785, states: 1. Name and address of Union: United Transportation Union, Local 1785, 613 Boccaccio Avenue, Venice, California, 90291. 2. Byron will~ams, President; Officers and ti ties ~ John Clark, Sec- Secvinck, Vice-president; Charles ~- retary/Treasurer; J.J. Alme~de, Cha1.rman, Committee of -.) AdJustment. 2G 4)"'" _t 2~ PAGE 1 10 J], I I 12' 131 I ILl 15 ]G! i: " ]7, i I ] 8 i 1 In: 20 21 22 2:1 2J ~)- _I ; i I 11 I 21 . .- and J. J . Almel.de, Charles Clark, Secretary, 3. Chairman, Committee of Adjustment, are authorized to speak 3 on behalf of the United Transportation Union, Local 1785. 4! 5\ 4. One of the primary purposes of the United G Transporatl.on Union, Local 1785, is to represent employees 71 8i I 1 9; ! in their employment relations with Santa Monica. 5. United Transportation Union, Local 1785, is a member of the United Transportation International Union, 14600 Detroit Avenue, Cleveland, Ohio, 44107 and is affiliated with AFL/CIO, Call.fornia State Board. 6. Attached to and incorporated into this petitl.on by reference is a certified copy of the United Transportation Union Constitution. 7. Notice sent to the below listed indl.vidual by regular United States mal.l will be deemed sufficient notice on the United Transportation Union, Local 1785: Charles Clark, Legislatl.ve Representatl.ve United Transportation Unl.on 613 Boccaccio Avenue, Venice, Ca. 90291 Copy to: KNICKERBOCKER & FICHTER 1299 Ocean Avenue, SUlte 300 Santa Monica, Californl.a 90401 24 8. The Unlted Transportation Dnl.on has no restriction 2G on membership based on race, color, creed, sex or national 2S PAGE 2 . ! 3: I 41 , ~ 51! ! ; ~I 811 91' II I! 10li ,\ I 11: 12: 13: ! 14: : II , . ; , 15: : i' 101 I: I: 17: i I ]8 1n 20 . . 1: , origins and recognizes that the provisions of Section 923 of 2; the Labor Code are not applicable to City employees. 9. The Un~ ted Transportation Union cla~ms the below listed employee classif~cations to be the appropriate unit for the purpose of meeting and conferring in good faith on all matters within the scope of representation: TRANSPORTATION ~~INTENANCE PERSONNEL Transit Mechanic Transit Assistant Mechanic Motor Coach Cleaner 10. It is requested that the Municipal Employee Relations Officer determ~ne the appropriate un1t, establish the election major~ty date determlning the for representative, and formally acknowledge the majority representative as the recognlzed employee organization. Executed on March 30, 1983 at Santa Monica, California. 211 I declare, under penalty of perJury, that the foregoing is i 22! true, correct, and complete. 2:1' 2.1 25 20 271 2:1 ~ /.r-'i?- /;L-y ~rl l~~-(,/:r:t~:j Br~'W1lliams, presldent /;Z~L1:I@J { e~rles Clark)..- -Secr~ry PAGE 3 . . PETITION FOR RECOGNITION OF BARGAINING UNIT HECHANICS AND MAIN'rENANCE PERSONNEL FOR THE TRANSPORTATION DEPARTMENT OF THE CITY OF SANTA MONICA We I the undersigned Members of the United Transportation Union, Local 1785, hereby pet~t~on the City of Santa Monica to des~gnate the mechanics and maintenance personnel of the transportatlon department as a separate and distinct appropriate un~t for the purpose of negotlation with regard to wages, hours, and working conditions in order to negotiation a binding memorandum of understanding in accordance with appllcable law. It is our view that historically, practically, and empirically, a separate unit exists and that any other unit would not be approprlate and detrimental to the City, the users of the bus lines, and to each of us. We are concerned with the issue of safety and timely service. The transporation department, moreover, i.s in large part Federally funded and the Federal competency requirements and the City's abillty to fund T'r;::tnc:T"'\r"'\."....~.....:_- . . NN-'l.E POSITION ~L /1:/ /l -p . .'" - ".' <. ~ L -/. ('1 /jz:t? {;- - ;/ /;/ / , ~! C.e;;~ ---/ '$ . ,'/~0:~//-":/~'// /d#p/C/ ,- /~;y'"S: /{./~4/1/~'@/ / 4 1'/1. / < /ttAlUJ1,t ~ / ty0~ry;U fL-;l. ~' ~ t0J;I- '-1j(IL!t~~ I[ ~ 0:Jd IJ1J-i ...--s- , P)'7 \JeTnJn,~ L O~~VO 171/} IV S j'v11F tilll /11/ r. _( a ,tI,ii/ ill)' '- . L' J J -?#! . n':' ~ ~ ./ "? - - ~ (1/) 11[tcfi~J"( ~- I a,;r--~ I. CCr --, , 11-11Y1t'~~ !SC/':j-'I.! fJ .J ~ (/) () -) ,;0ll~V ~ .- -- -.. - - --: riLei.. ~-'f-J\---' jJ/i c- c--. ,'" _ b .( /1 ~------~ - - - /' ). \ C/C~/V':'P-..5 II I I ;/; (~ ~ nil V~}.o '" L.oriZc t-\ C {C#ync.t. . 1" -1i ~ -it r~ _~ ", (l /.~:i " . . . NAi.\1.E POSITION ~", /~; -, iL' " ( '[" " .,.' I ~ I ( "I .~ -,.' ,~, r--- f~(L. '-....-L/I. I '_'_ F ;, ~../(. , ,,-;-' ...~ - :\' t-;---- ~ ' I -' ' , ~ ~ ...,. I .- I < 1:)L t'- Ll /7-- ' VI.. tl;..J.-v -, '- t/ ~ CI7J"~ :1h-i~~ ( . - . . - ;'Y1~(... ~ ~--v1/1 ~~ -/r- I) /J Il j) I: [~t,j\ CM~ Lc_2~ l I ~...:/\ /......... J ': ~ ! . , " /\.. J, ~ , ~u:.. .i}-j -},.I"') . " u Ij~.,' ,"f?v \ ".- . l~ - ., '-.. -n ~ '" --. - '\' - - f.! {. ~ ,- '. ;--:; i\ i l'r l'e ....; , J \ .--:.--.J (1. ~) , C f 1/.1..... _ r .\ Ii. I, . ~ / 0/ ri-' ",/''v-I (71. /11 . f 1 _'t (' {LU-J..-&-L.t?& ~ -7, / ~ [' t(-'"c f ~,~~~d4,~~k. . .7 ~ ,.y.6~ y -T' C;J .., . . trufYJ}!f!7ljJ} ff!!ljjJ;ml11lrJIm1ffj;';~. Wll ~J ~7 '?,'? ~ ~ U. uJ,JiJUwul.!./J{JJJIl- u{JU iJ". ~. ..,1:: :'~/.'1_~~: . I:i - . · LOCAL 1785 SANTA "'O.....ICA CAL'FOR'~iA .... .. [1- ~........ ,'1:-- 'J9I"".- f;. , . I. ~. ~ ii'M" : - .. -_~:"J; t,_ October 21, 1983 Ms. Susan E. McCarthy Director of Personnel C~ty of Santa Monica City Hall 1685 Maln Street Santa Monlca, CA. 90401 Re: Pet~tlon for Recognition Dear Ms. McCarthy: We have prevlously submitted to you a petltion for recognl- tion signed by the maJor~ty of the mechanlcs of the transporta- tion department of the Clty of Santa Monica. You have lndicated that the submission should be wlthin the 90 day period preceding the ternination of the existing contract, ie January 1, 1984. Please re-submit as of the present date the previous peti- t10n and utilize it as If it were filed as of the date of this letter. If there is any reason why this cannot be done or if there are, in your view, any technical or other defects in the petitlon or the procedure, please advise us in suff1cient tlme that we may make appropriate corrections or take appropriate correctlve action. With regard to the petition, please aug~ent the previous pet1tlon with the information which follows in this letter. -- The UTU is an appropriate representative for the mechanlcs. ThlS is based upon the hlstory of representation by thlS union, by vlrtue of the co~monallty of interests ln that unlt wlth other unlts represented by the unlon, by virtue of the source of funds for payment of members of both unlts, and by vlrtue of the common allegiance and desires of the membership of both. / I' f ! /~ When the Clty acquired Bay City's Transit, the UTU represented both the drlvers and the mechanics In the transporatlon department. This representation contlnued until 1970. Brother Earl W. Colby, a member of the orig~nal un~t, was , a wechanlc in the transporat~on, retlred ~n 1973. He was the ; ~. ... ~. . -. ..,.~ " II... -- -.--"' ~-~.<~~'<.... Ii. 171l~/' rrTltmfT[!tmrM'm'm"l1fLrAl'l"nfJ!j r,"!.'0t<7..-..~ .:~,-_._. ._~_~~',__,-- iO "rrrfjlJlr~:1t!tiif/ilJlli.l 1,,.;/1 ij(J1,U. 'f" ''-;'', :..J.'f-f --... -- ~-- -- UI ~LlJJ~1 ~ UJ,/J 1~,!:ii..~.~...I:J:~:~-/.,.(tl LOCAL l"T5S S....NT.... vO'lle.... CALI>,"ORNIA last of the Mechanics that this Local represented under the memorandum of understanding in 1951. He is still a retired meIT~er of this un~on. Thus, from an historlcal perspectlve, there has been in fact a long term representation. ~ The interests of transportation workers ln general are / corrmon. Drivers have an lnterest in the safe operation of the i transportat~on system. It is the~r lives and safety and the llves and safety of their passengers that are at stake when ma~ntenance values are comproroised or quality mechanics are not " ret~~n~d by adequate pay and fringe benefits.. - - --~ - - The transportation system as a whole is financed by federal and state funds, which are separate and distinct from the funding provided in other departments of the City. The interest of the transportation department is State, County, and Federal. State, County, and Federal interests, are definitely effected by the labor contracts and all of these governmental entities have an interest in the transportation department as a whole. The City's capacity to pay ~~~rcs mechanlcs ln the transporation department differs from that of ~ts capacity to pay other mechanics ~n the Clty. Payment of mechanics in the transporation department 1S not limited by the fiscal capacity of the City alone, but by the comblned fiscal capacitles of the City, the County, the State, and the Federal government. The transportatlon department as a whole has developed a comradship and esprit de corps which is beneficial to the City, "the dr~vers, and the public. The workers ~n the department recogn~ze themselves as a combined labor force serviclng the public w1th responsibillty to quallty, safe, and dependable serVlce. Thank you for your many courtesies and the competency with WhlCh you have handled these negotiatlons thus far. q~~l;j~~ (:adles --E. Clark--' ~ Secretary and Tresurer United Transporation Union Local l785 ~. . . , .... - . i- f...!'.. ~ tfGffDIifS,lJjfflffJu,1JlIDfJD r:~::~"" ~ LC::Al.. 1755 S';'TA MD""ICA CALIFORNIA October 26, 1983 Y.:s. Susan E. HcCarthy Director of Personnel C~ ty of Santa }::On~ca City Hall 1685 ~kL~ Street Santa 11oZllca, Ca. 90401 Re: Petition for Recognition Dear Ns. HcCarthy: ~~en I b~ught my Petition for R~cognition to your office (October 21, 1983) I ,,:rote on the botto:::1 lI"iITH RESERVES II t th~s was because I had wanted to talk to you personally. It was la.te in the day fjIld you had left the builcine. The P.ESERVATIOlI was that if 1. the Eus nep~tment t-[echanics could not be (in the eyes of the adoinistration) ?eleased to Local 1785 United Transportation Un~on. then my application would be for the contested unit as a Whole. I understand that the contested QOit is refered to as the State Wide Employees Un~t. I was referred to the State Conc~liat~on Service b,y an officer of the National Labor Board. Altho the City or Santa l-ionica does receive funds under the Urb&Il Transportation Act, the State should handle quest~ons of representat~ont that do not l..'1fringe on Federal Law. Of' course, this "vr'Ould only apply when improper use of these funds could be "Oxoven. Then all items "''QuId come under suxvey. I assured the person (to whom I was talki...'1g by phone) that I Oll~Y wanted to find w~thin ~nose jurisdiction my problem ~~uld fall. Mr. l--[oCarthy (coincidence) of the State Conciliation Service was mterested, and asked that he be kept advised on dev-elopemernts of my petition. Also, to advise those interested parties that the Servlce was available at all t~es to handle this situation. As I reported to the Council, the United Transrortat~on Union has revised it's Constitution to include all categories of none supeTV1S0r,y persor~'el. Other than ~at detailed in the Constitutlon. I thank you for your indulgence. Since!:'ly _yotU"9' ~~,.J E1 /':/ '~";' ~/(/ ,'" ?" ~"/ . -c...-~ . I , C"< --~ - Cm,;.I.':f'es ~ar~, ,11~~e,te United 'I-ransportation Un~on, Local 1785 .. - ~'" - . . CITY OF 0\G \-, \ C' SANTA MONICA CALIFORNIA OFFICE OF THE CITY MANAGER 393-9975. ext 301 1685 Mam Street, Santa Momca. Cahlorma 90401 December 1, 1983 Charles Clarl< unit~d Transportatlon Unlon, Local 1785 Santa Monica, California Dear Mr. Clark: The City has reviewed your petitIon for recognitIon of a unit to represent the ma1ntenance employees of the Transportatlon Department. As Municipal E~ployee Relatlons OffIcer, I do not flnd the unlt appropriate under the terms of Ord1nance Number 801 (CCS). I have based my decision on the followlng factors: 1. You contend that UTU has hIstorically represented the mechanics. However, no formal recognItion to represent the mechanlCS has been granted by the City to UTU as long as representational units have been established under Ordinance Number 801 (CCS). The situation you Clte was more than 30 years ago and hardly constitutes a history of bargaIning argument for recognItion today. Slnce the InceptIon of municipal bargainIng law in 1969, the employees of the proposed unit have been represented by a unIon or aSSOCIatIon covering all blue collar employees of the Clty. The Teamsters were recognIzed between 1970 and 1978, and SEA has been recognized Slnce 1978 to represent those employees. All City mechanic classiflcations are in SEA, includIng the FIre f.lechanic which is unIque to that department. Your argument to create a new unlt for Transit maIntenance personnel is not credlble. It could be lIkened to mechanICS who work on pollce vehIcles petItIoning to be In the PolIce AssociatIon. 2. You clta a "commonalIty of interests." The current UTU bargaIning unlt 1S composed of drivers exclUSIvely, and the interests of those drlvers are frequently expressed in complaInts about maintenance employees and the maIntenance funct lon. You cita the safety factor as a common 1nterest of mechaniCS and drlvers. I would hope that all employees, regardless of bargaInIng unlt, would share such an interest and I fall to see that the recognItIon of UTU would enhance safety at the . . Transportatlon Department. In fact, were in the same unlon drlvers crIticIze the qualIty of work ~nd dangerous condltlons In order not member. if mechanICS and drivers mIght be less likely to to overlook potentIally to criticize a fellow In regard to other common interests, I doubt that drIvers would forego wage or benefit increases to address the pay and fringe- benefIts of mechanics. Further, mechanics are not scheduled, assigned, or provided overtime in the same manner as bus drl~ers. For example, the drlvers have concerns re]arding schedul-lng, walk-over time, accident reporting, and other items WhICh are unique to bus driver operational n~eds. The communIty of interest argument fails. Instead, the Skills, Job dutIes, and working conditIons of the employees in the maintenance divis10n are simIldr if not identical to those of other Clty mechanical personnel. 3~ You cita the-source of funding "for transit employees as a factor WhiCh encourages the formatlon of a UTU unIt for maintenance employe€s. However, there are many employees of the Transportation Department who ace represented by other than tranSIt unIons, inClUding the Municipal ~ployees' Association, the SuperVIsory Team ASSOCIates, the Management Team ASSOCIates, and t~e present organIzation of the maIntenance employees, the StateWIde Employees' ASSOCIation. These unIons and associations also represent employees in other departments and under numerous non-tranSIt funding sources. The mere fact of a fundIng source unique to a depart~ent does not JustIfy a recognitIon of one unIon for all or most of that department's employees. 4. In other munlCIpalItIes, WhICh ~re a more approprIate co~parlson than tranS1t agencies, I find that Culver City, Torrance, Montebello, and Gardena Bus Lines have thelr blue collar employees In one unIt, not segregated by depart~ent. Wh1le a tranSI~ 3gency may have its mechanics In a unIt with or concurr~nt to It5 drIvers, the CIty of Santa MonIca has broader responSIbIlItIes to the public than a s1ngle purp8se tranSIt ope~ation. Our overall operation ~ust b~ conSIdered In establishIng the bargaining structure. 5. T~e workplace argu~ent (all emploY8es are located at the Transportation Yard) would also argue for employees In the .. . . . Cemetery, the CIVIC Auditor1um, and any other department whose offIces are located 1n one place. This 1S n~t a compelling reason for creatIng a new unl~. However, your letter of October 26, 1983, implies an interest in petitIonIng for the blue-collar unIt as a whole. A new petitIon would be requlr9d for that purpose as that letter does not constitute suffIC1ent request for such recognition. I also note your reference to various agencies in labor relatIons. You should understand that the Nat10nal Labor Relat10ns Act does not apply to a municipalIty and that local barga ining la'N' I s determIned under the Cal i fornia Government Code, SectIons 3500-3509. The State has no dlrect Jurisdictlon over Santa Monica labor relations matters. ,Rather, ordinance Number 801 (CCS) IS conSIstent with th~ - ~ity's Charter authority to govern its own municipal ~mployer-employee relat1ons. The State Concil1ation SerVIce will not Intervene ~Ithout our consent or rEquest, and then only to provide third-party assistance. You have the right to appeal thIS determinatIon withIn ten days pursuant to section 3.03 of Ordinance Number 801 (CeS). Your appeal must be 1n writIng and be filed with this office and the Clty Clerk. If you appeal, the City Council will consider the matter and make a final determlnation. Sincerely, d~ John H. Alschuler, Jr. Clty Manager Municlpal E~ployee Relatlons Officer ... _ - 1 . . - -1 d.13:rJ 71 ~ nn!nIPf:z:Jz"-in r:J ., -ry SO $""H~l J.j-.i.JJ;Jr;J .t'jJJ~ 1.0;; JLlJil ~.tl:" \;,It'',~~1 ....OCA.i.. '785 SAI'....A VO"11-:::A CAL,.:FOAN'A O::G 'i~ 5 December 14, 1983 . .. Jon~ nG Alschuler,Jro Manager City of Santa ~on~ca 1685 ~ain Street Santa ~o~ica, California 90401 Dear John: ~ct I hope that I am not being /10 fa~iliari useing your first name. You see, you are th~ first City ~anager (in the past thirty years) that I have/met former1yo In this period of time, I have represented the employees in one capacity or anothero I am disturbed about one factor, this is the fact in which the city handles their correspondanceo 10 On June 1,1983 I petitioned the City for recognition of the Mechanics request to be separated from the bargai~ing unit in wh1cn they were trapped. 20 I did not receive a reply until after October 1st, 19830 ;0 I was informed that my petition was not timely. It had been submitted to early, and should be resubmitted. 40 I re-submitted the petition, and asked that all other petitions be re-submitted in this considerationo 50 I received the answer from your office on Decemoer lOth, 19830 The postal machine mark was for December 8t~t 19830 I re-submitted my petition on October 21, 1983, delevered by hando 60 My position was made clear to the council, and is a part of the minutes~ this was noted by the local pressc 70 The ewp10yees organizations in the City of Santa Monica have been recognized by the council during my period of Tenure.o~ June 15th, 1952 until the presentc 80 The hlstory of e~ployee ~eprese~tat1on does rrot start in 19680 AS for Orclnance 801, I helped write ita ..."1.- "oJ . ----. .....~. ., . . -, -~. '.. :1 ipf)J]s771JP1IJlj:nJJ ~r:: :r~ 7J 'r LOCAL 1"'25 S"'....T.; "O....ICA. CA.LlFCR~IA. P~e Two UTU-J.HoAo Mechanics December 14, 1983 90 This o~dinance is not infallib1e~ I had the ACLU rev~ew it, and it was the opinion of one of the~r lawyers that parts of tais ordinance were un-constitutionalo This was brought to the attention of the Council, but the or- dinance was passed anywaYD I was told by one of your predisors to sue~ I almost dido 100 Previous to the ~ployer/E~ployee Ordina~ce~ each piece of business was brought before the Counci1~ Their re- cords show that each item was considered, and the repre- sentative notedo In looking through the Salary Resolutions you will find that specific not is taken to mention Police Fire, Transportation, Recreation, Auditorium, act. 110 The involvement of the Mechanics in this Local goes back to the issue of the Original Chartero This was granted by the Brotherhood of Railroad Trainmen on March 12th) 1950. On this Charter is the names of at least five ~5) mechanics that I knew, Perhaps there are moreo It was two years later that I came to work for the cityo 120 ~nen the City bought Bay Cities Transit in 1951, an election was held and the Brotherhood was recognized by the Council as the representative of the Transpor- tation employeeso This is fact~ not contentiono 13. The point of the fore-going is to create the understand- ing, that the employees do not want to have new represent- at1ono They want to come homeo 14. The friction caused between the drivers, can be traced directly back to the head of maintenanceo 150 I would challenge you tommorrow, to bring in Cal OSHAo The health and welfare of the workers on this property is jeopard~zed every day by the oily drive ways, the dirty restrooms, and the lack of accommoda~1oDs at the ends of most runso Also, the lack of time to use those accomodations available. 160 As for Federal, State acd County Law: I would like to see the artlcle that say's that City Law can preceed any of the intities ~emtioned above 10 ,J .."..,. - ... ...."!. -. . . 7 jpJ]ll:JjJJ}P1JJ1llJ]J ':7.:'ITrr),7J LOCAL 1765 SA'iTA '''C''IICA CALIFORNI.... ... Page Three UTU-U.H.A. Mechanics December l~, 1983 17. I don't thin~ it wise to mention the City of Culver City. In their i~finate ~isdo~, they a depart~ent head that nearly picked them clean. He was mak~ng money on the sida, and his credintia1s were bogus. As for their ordinance (I have a copy) part5 of it are just as bad as ours. 18. Sparing around about this matter is just so mapy worss. Summation: This is a petition to have this item heard by the council. I would like them to make the final discission on this matter. Sincerely yours, , ':UfBJ- CharleffiE. Clark S&T Delegate Legislative Representative Alternate Bus Representative State of California, UTU . . . tpODSpOPlatlOD it,.",: '"' LOCAL '785 SAi-.I-A 'V'-::)">'';:::A CALIFOR""lIA AeI d -ro /2,0 .. .. JAN 1 0 1984 December 29, 1983 ~ -- -- Te: Council, City of Santa Monica Charles E. Clark, United Transportation Unien ...-n -::::? .::u ~ ~ 1f11 :) ....... .J:;. Frem: . -' --~ -<: Subject: Appropriate Empleyee Representation ~ --'--v-- -, - ~ ~ - r ~'" In my letter to the Cheif Administrative OfIicer, I tried to make complete and abjective replies to the contents there of.. In my thirty plus years with the City of Santa Monica, I have stood before many councils. I beleave the first council I spoke before, was the one where Mr. Hart was Mayor. They were all very attentive, sympathetic and said that they under- stood my contentions. I was full of hope, but as I stood there with my hat in my hand, one by one the council made (as a matter of record) why they were denying my plea. T am stateing this fact, in the h.pe that you can better under- stand my attitude. I knew that you represent the City. I alae feel that you should represent the employees. I say this from the conviction (and from years of butting my head against the wall of no blesse/o blige) that altho the employee may live in Santa Monica his wishes are secondary. Now this is not(and is net intended to be) an accusation. This is the first time that I have appeared in a representative pesition before this council in years. I don't know how you feel individually about unions, but I would like to remind you that we are all members of the greatest union that ever surfaced on this earth... The United States of America. I was proud when I was drafted in World War II. I also served in the Regular Army, and was activated with the National Guard. I was a member of A Ba"ttery, 143rd Field Artillary Ba-ttal.ion, stationed in Santa,.. Monica. This was for the Korean "1ar. The reason I put this paragraph in this appeaQ, is that I want you to undera~and that I am not a trouble maker. I would like each of you to digest what you see before yeu. I am an old team player. I am appealing a rule of the game. As m senier player, I have been petitioned by other members of the team whe feel that the efficiating is not just in their respect, and they feel that a senior member of the tewm should air their contentions and ple~their grievance. At'Pd -kJ /2 -/j JAN 1 0 19S4~, . - . . . ::- . . . " .~ . ~ - . . , ~. ".. L _ .. .- - . .= . . . . IpanspoPlatlon ~~fl'!,!;n,"~ LOCAL .7~5 SA"rA VO""ICA CA.LIFORNIA December 291 1983 City Counai Employee Representatlon page two A~ I sadd in the last paragraph, look at me. I have gout in both feet. I have arthritis in both knees, an ulcer, also hypertension. I have lost some hearing in my left ear, thata the one that absorbs the traffic noise through the open left window of my bus. I can almost read your minds. Why? dcnft you retire, and what does this have to do with employee representation. 1. I will retire in 1984. The Public Employees Retirement Fund is not overly generous to retirees who are only 57 years old. Even if they have over thirty year&~ service. 2. In the first eighteen years of my employment, my pay was so lew that my retirement pay will not make me independly wealthy. 3. I vigorously objectt to the lumping employees into a pool ef miscellaneous numbers, and I always will. 4. Each of the employees have a definite Classification. I only have to point to the employment flyers. 5. Yet, the representative units in the City represent all empleyeeain that unit, from Mechanic down to the Mainte- nance person. Each with their ewn problems. 6. I have been told that the United Transportation Union is a drivera union. Also, that I should stick to something that I know and leave the mechanics problems alone. 7. When Norman Smith was in charge of the Bus Maintenance department, he asked me on numerious occassions to change over to this facility. Mr. Smith taught class at Santa- ~o~ica City College. I at one time took four years of instruction in auto~atic transmissions. He thought that I was pretty good. He also knew t~at I was a fuel and carbureation specialist. That I had a back ground that would be useful. I turned him down. Why?, because the Job didn1t pay enough. That is the same reason that I turned down the Bus Supervisors job. OhI, I knmw.' that the report given by the committee who interviewed me was unacceptable, but they and I know what W3S said in that interview.. ~. . "':::::. ....... . --L_ . " . -, u '~ . , , J - ~ . - . ') -'- r -, . . . .. tP8nJlp~~!,1!~!~'!c:f:~,r,~~~:: 'c December 291 1983 City Counci Employees Representation page three 8. I am trying to qualify myself in fact, and also the other officers in this lecal. Most of these people have some mechanical back ground, and do understand the problems that the mechanics, and of course will understand the fact af the econmic situation we new live in and work in. 9. The rransporta~ion Department ar the City of Santa Monica is unique. The eriginal property is new part of the Civic Aditorium Complex. Also part of the property is part of that enjoined in the Court House area. For ye~rs the buses had the distinetion of being the only profit making unit in the city. In fact, for a time our department was the only transportation company in the United States to show an appreciable profit. The cost of living went up 10 percent per year, and this was for a period of over ten years. The cost of new buses went up 400 to 500 percent. Fuel prices went up at about the same rate. 10. The employees were in the same boat. We cound'nt work for less, because we had to pay the same as other people. Our Union worked with mamagement to get all of the ap~repreat1ons we could under the Urban Mass Transportation Act (UMTA~. I am sure that you know, that under UMTA the representatives of the employees have to sign the request for funds. The area covered is the fact that the Employer must meet and con- fer in good faith and abide by the conditions of the contract in force. The officers of this Local just signed a request for new buses. We are team players. 11. Those who work in the maintenance (except for some of the seniors) department do not realize that in the original charter of this local were the names of severaa of the men in their department. This charter was let on March 12th, 1950 by the Brotherhoed of Railroad Trainmen. I can prove that this lacal is the oldest representative union in the city representating city employees. 12. In 1970 or 71 (somewhere about there) the mechanics deceided to try one of the new groups. This was granted and the local realesed them. They became unhappy, and the group brought in the Teamsters. Once again they were not happy, the organization is not representative of them and they have asked by petition that the UTU be their representative. ~> .~ . , . . ~. ~. . . . .~ . . '" . .;... c . .. ~- .. . . tp8oSpOl'tatloo ft.??;V:!'" LOCAL "785 SANTA MO"-'ICA CALlFORN;A December 29, 1983 City Council Employees Representation page four 13. Under Article 41 (revised 8-83) Lines 1 thru 3 Any person of good moral character who is employed in a craft or vocation, whether public or private employment, represented by the United Transportation Union is eligible for membership. 14. This local has application cards from the majority of the maintenance personal of the Transportation Department for membership. 15. A petition was submitted to the personnel department, and to the cheif administrative officer bearing their names on June 1st, 1983. 16. All articles were deemed in-appropriate, and I requested that they be re-filed and that the request i filed on October 21, accompany them. It seemseth1s request must be filed within 90 day~before the end ~f ~ contract. Not before that time. l7. On December 1, 1983 the City Manager wrote me a letter. It was mailed on December 8th, 1983 and I received it on December 10th. I replied on December 14th, 1983 and re- eeived notice from Susan McCarthy on December 27th, 1983 to submit this request to you. s,ummatioDI I feel that there is something wrong. It bothers me when people I have known for years, think that I sneaking around with some ulterior motive in mind. The mechanics eame to me when they were represented by the Teamsters, frankly they wanted out. At the time we had an agreement with the Teams- ters. It was a no raid agreement. When this new association came in, some of the older mechanics had retired and the inter- est went to this association. So 3e It. The men in maintenance feel that this organization has not done a thing for them. This association is not a Union. I aan~ and the officers of this local can represent these people. If you give us the permission. We den't think any worker should be made to stand for something they don't beleave in, or be forced to work for less than they deserve. We feel that these people have dignity, and should be treated fairly. Respectf~ly. //jf~ ~ ~ I) ~h~lesE. Clark, 8&T~85 UTU ~, . . fJ .. "c r ~ ~ -' ; [' ,- -'-- -' ~ ~: . . - ~ .. . , ~ . -I> r- . Jj .. ; ~ . 'I Jl . -L 11 .