HomeMy WebLinkAbout2020-03-27-D02 CWA MOU Hours of Work & Leave of AbsenceAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 27, 2020
AGENDA ITEM:Consideration of approval of a resolution approving a memorandum of
understanding with Communications Workers of America (CWA), Local
#7102, AFL-CIO, as part of the July 1, 2016 – June 30, 2021 contract
[temporary change to Article 9 – Hours of Work and Article 11 – Leaves of
Absence]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: In order to protect the safety and security of the City’s
employees and citizens, due to the impact of COVID-19, the City requests a
temporary change to the Union contract regarding Article 9 – Hours of Work
and Article 11 – Leaves of Absence. The agreement will allow the City to
deviate from the basic workweek for union employees and allow federal law
regarding sick leave and FMLA leave to take precedent over the City’s leave
policies. A memorandum of understanding is needed to amend the July 1,
2016 – June 30, 2021 contract to include those employees covered by the
current union contract.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: This temporary agreement is not
expected to have any financial impact as all personnel costs have been previously accounted for
through the budget process.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommends approval of the resolution approving the
memorandum of understating.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Memorandum of Understanding
PREPARED BY:Michelle Lindsay
REVIEWED BY:
D2
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING A MEMORANDUM OF UNDERSTANDING WITH COMMUNICATIONS
WORKERS OF AMERICA (CWA), LOCAL #7102, AFL-CIO, AS PART OF THE JULY 1,
2016 – JUNE 30, 2021 CONTRACT
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, on May 23, 2016, the Waukee City Council approved a Collective Bargaining
Agreement with the Communications Workers of America (CWA), Local #7102, AFL-CIO, in effect
July 1, 2016 through June 30, 2021 (Resolution #16-219); AND,
WHEREAS, On March 9, 2020, the Honorable Governor Kim Reynolds declared a State of Public
Health Disaster Emergency in response to the outbreak of Novel Coronavirus 2019 (COVID-19);
AND,
WHEREAS, On March 11, 2020, the World Health Organization declared the COVID-19 outbreak a
global pandemic; AND,
WHEREAS, on March 13, 2020, President Donald J. Trump issued a proclamation declaring that the
COVID-19 outbreak in the United States constitutes a national emergency; AND,
WHEREAS, multiple cases of COVID-19 have been confirmed in Iowa, and the Iowa Department of
Public Health has determined that community spread of COVID-19 is occurring within our state;
AND,
WHEREAS, the CDC has advised that government agencies, such as the City, should take immediate
action to limit the spread of the virus through social distancing, cancellation of public meetings,
limiting public gatherings and events, and implementing additional public health safety and education
measures to prevent, contain and, where possible, to mitigate the impact of the virus; AND,
WHEREAS, the City of Waukee and representatives of CWA, Local #7102, have reviewed and
approve a Memorandum of Understanding which modifies Article 9 – Hours of Work and Article 11 –
Leaves of Absence; AND
WHEREAS, the Memorandum of Understanding is attached hereto and by reference incorporated
herein;
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 27th
day of March 2020, that the Memorandum of Understanding with Communications Workers of
America (CWA), Local #7102, AFL-CIO, as part of the July 1, 2016 – June 30, 2021 contract, is
hereby approved.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF WAUKEE, IOWA AND
THE COMMUNICATIONS WORKERS OF AMERICA, LOCAL 7102, AFL-CIO
This Memorandum of Understanding (“Memo”) is entered into on this 27th day of March 2020, by and
between the City of Waukee, Iowa (“City”) and the Communications Workers of America, Local 7102, AFL-CIO
(“Union”).
WHEREAS, City and Union entered into a collective bargaining agreement for the period of July 1, 2016,
through June 30, 2021,” (the “Contract”); and
WHEREAS, the Contract governs certain conditions of employment for members of the Union who are
employed by City; and
WHEREAS, On March 9, 2020, the Honorable Governor Kim Reynolds declared a State of Public Health
Disaster Emergency in response to the outbreak of Novel Coronavirus 2019 (COVID-19);
WHEREAS, On March 11, 2020, the World Health Organization declared the COVID-19 outbreak a global
pandemic;
WHEREAS, on March 13, 2020, President Donald J. Trump issued a proclamation declaring that the COVID-
19 outbreak in the United States constitutes a national emergency;
WHEREAS, multiple cases of COVID-19 have been confirmed in Iowa, and the Iowa Department of Public
Health has determined that community spread of COVID-19 is occurring within our state; and
WHEREAS, the CDC has advised that government agencies, such as the City, should take immediate action
to limit the spread of the virus through social distancing, cancellation of public meetings, limiting public gatherings
and events, and implementing additional public health safety and education measures to prevent, contain and, where
possible, to mitigate the impact of the virus; and
WHEREAS, it is the intent of the City to be mindful of the financial impact to employees with a primary
goal to continue the current level of compensation for all full-time and permanent part-time employees, in the event
of any deviation from the basic workweek; and
WHEREAS, this memorandum of understanding shall remain in place through May 31, 2020, unless
otherwise extended by both parties.
IT IS THEREFORE AGREED, in order to protect the safety and security of the City’s employees and
citizens, a temporary change will be made to the Union contract regarding Article 9 – Hours of Work. These changes
are associated with COVID-19 and shall be effective as soon as the City receives the signed Memo from the Union
and it is approved by Council. The changes are as follows:
Article 9 – the parties agree that, the City may stagger work hours and shifts as necessary in order to safeguard
the safety and health of employees and the general public; provided this Memorandum of Understanding shall not
reduce the hours of any employee. To the extent that any employee is assigned fewer hours than their regular
workweek, such employee shall be paid at least the hours assigned during a regular workweek.
THE CITY OF WAUKEE, IOWA THE COMMUNICATIONS WORKERS OF
AMERICA, LOCAL 7102, AFL-CIO
By: By:
Title: ________________________ Title: ________________________
Date: ________________________ Date: ________________________
By:
Title: ________________________
Date: ________________________
By:
Title: ________________________
Date: ________________________