LABOR AGREEMENT - AFSCME LOCAL 189 - LETTER OF AGREEMENT FOR DEANNA HATTAN
Binding City Policy
Section 1. The Council finds:
1. The City and the District Council of Trade Unions (DCTU), of which AFSCME is a signatory member union, are parties to a Collective Bargaining Agreement (CBA) effective July 1, 2013 to June 30, 2017.
2. AFSCME is the sole collective bargaining representative on behalf of employees working in the Office Support Specialist II classification (Job Classification No. 30000012) (OSS II) listed in Schedule “A” of the CBA.
3. Under Article 12.3.2 of the CBA, employees may request a lateral transfer to a vacant, budgeted position, within or between bureaus, one (1) time per calendar year, except in circumstances where the employee did not pass the 90-day evaluation period as provided for in Article 12.3.1 of the CBA.
4. On January 5, 2015, Deanna Hattan (the Employee) transferred from BDS to FPD&R in a vacant, budgeted position in the OSS II classification pursuant to Article 12.3.2 of the CBA. The Employee passed the 90-day evaluation period that applies to lateral transfers on April 5, 2015.
5. On November 9, 2015, the Employee requested a lateral transfer back from FPD&R to BDS in the classification of OSS II.
6. BDS had a current, vacant, budgeted position available in the OSS II classification. In order to attract and retain the most qualified, trained candidate for the position of OSS II, BDS had an interest in allowing the Employee a lateral transfer from FPD&R to BDS to fill its vacant, budgeted position.
7. FPD&R was agreeable to the lateral transfer of the Employee to BDS. However, if the lateral transfer were to occur within one (1) calendar year as provided for in Article 12.3.2, the lateral transfer would have had to occur on or after January 5, 2016. Waiting until January 2016 for the lateral transfer to occur would have caused a financial hardship to FPD&R. FPD&R requested that the lateral transfer occur retroactive to November 19, 2015 so that it could fill its vacant, budgeted position in the OSS II classification as soon as reasonably possible.
8. On January 20, 2016, the City on behalf of BDS and FPD&R entered into a Letter of Agreement (LOA) with AFSCME, Exhibit A attached hereto and incorporated herein by this reference that allows the Employee to transfer from FPD&R to BDS in the OSS II classification, retroactive to November 19, 2015. Going forward, all other provisions of the CBA will be complied with.
9. The LOA was entered into because of the unique circumstances associated with the lateral transfer decision and does not establish precedent for any other purpose.
NOW, THEREFORE, the Council directs:
a. The LOA between the City on behalf of BDS and FPD&R and AFSCME attached hereto as Exhibit A is ratified by this Council.
b. This ordinance is binding City policy.
Section 2. The Council declares that an emergency exists in order that this action occur without delay; therefore, this ordinance shall be in full force and effect from and after its passage.
Link to Exhibit A - Letter of Agreement (PDF Document, 791 kb)
Emergency Ordinance No. 187624, passed by City Council and effective March 16, 2016.