LTC 240-2008 Response to CWA E-mail Regarding Due Process and Union Representationm J~IAMIBEAC
OFFICE OF THE CITY MANAGER
NO. LTC # 24o-zoos LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager~.~'~i° ~/'~
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DATE: September 19, 2008
SUBJECT: Response to CWA E-Mail Regarding Due Process and Union Representation
This Letter to the Commission is in response to an a-mail sent by Communications Workers
of America (CWA) President Richard McKinnon on September 18, 2008 with copy to the
Mayor and City Commission (copy of a-mail attached). The a-mail asked that if the
Administration wanted to speak with any member of the CWA regarding grievances or
lawsuits, that those employees are entitled to union representation per the terms of the
collective bargaining agreement.
The union contract does not preclude however the Administration from meeting with any
employee, whether a classified (union) employee (or an unclassified employee) in
conducting investigations or preparing for grievances, arbitrations, or litigation as long as
those meetings may not result in a written warning/reprimand of the employee or become a
part of the written disciplinary record of the employee. The section of the contract cited in
the a-mail is Section 2.1 (a) which states the following:
An employee shall be entitled to request Union representation at all meetings where
the representative of the City intends to seek to gain information from the employee
which may become a part of the written disciplinary record or may result in a written
warning/reprimand of the employee.
As you can imagine, preparing for any formal proceeding is a serious matter and involves
time spent with employees who serve as witnesses. Obviously if the Administration is
preparing for a grievance, arbitration or litigation involving the union, and needs to meet with
any witnesses who may be union members, we can not meet with the employee and their
union representative as that would compromise the City's efforts in preparing for the
grievance, arbitration, or litigation. ~-; ,~,,
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If you have any questions or need any additional information, please feel free to contact r~yg.
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From: Richard McKinnon [rmckinnon@cwa3178.org]
Sent: Thursday, September 18, 2008 2:15 PM
To: Inguanzo, Ramiro; Gonzalez, Jorge; Smith, Jose
Cc: Beltran, Julio; Sinkes, Jonathan; 'joe fisher'; 'Pamela S Terranova'; Weithorn, Deede; Tobin, Ed;
Libbin, Jerry; Wolfson, Jonah; Bower, Matti H.; Steinberg, Richard; Gross, Saul
Subject: Due process -Union representation -CWA union members in the Building department
Ramiro
In the event that management wants to question CWA union members in the Building Department
regarding the grievance filed by the union for Rebecca Amador unjust termination or for the lawsuit
filed against certain city management employees for violating the Citizen's Bill of rights, the
union would like to remind the City that we are entitled to represent our members, under the terms of
our CBA and that failure to do so will negatively impact our good relations and our mutual respect, not
to mention another grievance or possibly an unfair labor practice.
Please make sure that these employees are afforded due process as per the terms of our collective
bargaining agreement, ratified by the City Commission.
Sincerely
Richard McKinnon
President of CWA local 3178
Section 2.1 Employee Rights During Meetings or Interviews.
a) An employee shall be entitled to request Union representation at all meetings where the
representative of the City intends to seek to gain information from the employee which may become a
part of the written disciplinary record or may result in a written warning/reprimand of the employee.
b) The employee shall be informed of the nature of the meeting, the alleged conduct, and if requested,
be given a reasonable period of time prior to the meeting to contact and consult with the Union.
Nothing contained herein shall preclude an employee from legal representation in the event of a
criminal investigation.
c) At the request of the employee, the City will advise the Unio President of all such meetings with the
employee and the Union President will arrange to have a Union Representative present.
d) All meetings will be held in the City at a reasonable hour during the employee's shift or contiguous to
the shift on the clock, unless an emergency or serious condition prevents such action.
e) This provisions of Article 2, Section 2.1 shall be subject to the Union Time Bank as described in
Section 4.8.
09/19/2008