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Return to SFMTA Board June 26, 2009, agenda

THIS PRINT COVERS CALENDAR ITEM NO. : 18.5

SAN FRANCISCO

MUNICIPAL TRANSPORTATION AGENCY

DIVISION:    Administration

BRIEF DESCRIPTION:

Approving the amendment of two Collective Bargaining Agreements (CBAs) between the San Francisco Municipal Transportation Agency (SFMTA) and the Transport Workers’ Union (TWU) Local 250A --  one for employees in classification 7410 (Automotive Service Worker) and one for employees in classification 9132 (Transit Fare Inspector) to extend their expiration date to June 30, 2010.

SUMMARY:

·        Charter Sections 8A.104 provides that the SFMTA shall bargain labor agreements with employee organizations representing employees in service critical classifications.

·        In July, 2006, the SFMTA entered into Collective Bargaining Agreements with Local 250A for employees in classifications 7410 and 9132 that expire on June 30, 2009.

·        The parties agreed to a one-year extension of each CBA with no other changes as a result of discussions between the City and unions regarding Charter amendments that were approved by the voters as Proposition B at the June 3, 2008 municipal election.

·        Members of the affected bargaining units ratified the tentative agreements on February 22, 2008.

·        The proposed amendments and all other required information were publicly disclosed in accordance with Charter Section A8.104(p) on June 2, 2009.

ENCLOSURES:

1. SFMTAB Resolution

2. CBA Amendments (TWU Local 250A [7410} and TWU Local 250A (9132)

3. Labor Cost Analyses

APPROVALS:                                                                                               DATE

DIRECTOR OF DIVISION

PREPARING ITEM ______________________________________           ____________

FINANCE       ___________________________________________          ____________

EXECUTIVE DIRECTOR/CEO ____________________________ ____________

SECRETARY  ___________________________________________          ____________

ADOPTED RESOLUTION    

BE RETURNED TO____Rumi Ueno______  

ASSIGNED SFMTAB CALENDAR DATE: __________________________

PAGE 2

PURPOSE

To extend the expiration date for the CBAs between SFMTA and the TWU Local 250A for employees in classifications 7410 and 9132 from June 30, 2009 to June 30, 2010.

GOAL

The proposed agreement meets the following strategic goals:

Goal 4 – Financial Capacity: To ensure financial stability and effective resource utilization.

Goal 5 – SFMTA Workforce: To provide a flexible, supportive work environment and develop a workforce that takes pride and ownership of the agency’s mission and vision and leads the agency into an evolving, technology-driven future.

DESCRIPTION

Charter Section 8A.104 gives the SFMTA the authority to negotiate labor agreements covering wages, hours, working conditions, and benefits with labor organizations representing employees at SFMTA in service critical classifications.

The SFMTA negotiated Collective Bargaining Agreements with TWU Local 250A for employees in job classifications 7410 and 9132, in July 2006 which expire on June 30, 2009.

SFMTA representatives and representatives of TWU Local 250A negotiated amendments to the existing CBAs.  The tentative agreements were ratified by a vote of the Union membership on February 22, 2008.   

The agreement amended the existing CBAs by changing the expiration date from June 30, 2009 to June 30, 2010.  There are no other substantive changes to the CBAs.

The amended CBAs will be in effect through June 30, 2010.

The City Attorney has reviewed this calendar item. 

ALTERNATIVES CONSIDERED

None.  The CBAs expire on June 30, 2009 and need to be extended.

FUNDING IMPACT

Labor Cost Analyses are attached.

PAGE 4

RECOMMENDATION

Staff recommends that the SFMTA Board approve the amendment of the CBAs between SFMTA and TWU Local 250A for employees in classifications 7410 and 9132 to extend their terms through June 30, 2010. 

SAN FRANCISCO

MUNICIPAL TRANSPORTATION AGENCY

BOARD OF DIRECTORS

RESOLUTION No. ______________

            WHEREAS, Under Section A8.104 of the Charter, the San Francisco Municipal Transportation Agency (SFMTA) Board of Directors succeeded to the powers of the Board of Supervisors with respect to collective bargaining for employees in service critical classifications; and,

            WHEREAS, The current Collective Bargaining Agreements between SFMTA and Transport Workers Union (TWU) Local 250A for employees in classifications 7410 and 9132 expire on June 30, 2009; and,

            WHEREAS, The SFMTA and TWU Local 250A negotiated amendments to the CBAs that were ratified by the membership of TWU Local 250A on February 22, 2008;  and,  

            WHEREAS, The proposed amendments make no changes except to extend the terms of the CBAs; and

            WHEREAS, The proposed amendments of the CBAs, which shall be effective July 1, 2009 through June 30, 2010, and all other required information were publicly disclosed in accordance with Charter Section A8.104(p) on June 2, 2009 and are on file with the Secretary of the SFMTA Board of Directors; now, therefore, be it

            RESOLVED, That the SFMTA Board of Directors hereby approves the amendments to the Collective Bargaining Agreements  between the SFMTA and Transport Workers’ Union, Local 250A for employees in classifications 7410 and 9132 to extend their terms to June 30, 2010.

I certify that the foregoing resolution was adopted by the San Francisco Municipal Transportation Agency Board of Directors at its meeting of ___________________________.                         

                                                                         _____________________________________

                                                                        Secretary to the Board of Directors

                                                                        San Francisco Municipal Transportation Agency

AMENDMENT No. 1

TO THE 2006-2009 MEMORANDUM OF UNDERSTANDING

BETWEEN

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY

AND

THE TRANSPORT WORKERS’ UNION, AFL-CIO

LOCAL 250-A

AUTOMOTIVE SERVICE WORKERS (7410)

The parties hereby amend and extend the Memorandum of Understanding as follows:

V.C.     DURATION OF AGREEMENT

276.      This CBA shall be in effect from July 1, 2006, through and inclusive of June 30, [begin deletion] 2009[end deletion] [begin addition] 2010[end addition] .

[begin addition] 276a.   it is understood and agreed that no new economic benefits for FY 2010-11 shall become effective prior to December 31, 2010; provided as follows:[end addition]

[begin addition]  [end addition]

[begin addition]             (a)        [end addition] [begin addition] in  the  event  the  San Francisco Municipal Transportation Agency negotiates to improve an economic benefit that becomes effective  between  July  1, 2010 through December 30, 2010, inclusive, for any  other  miscellaneous  City and County officers or employees employed in the SFMTA,   that economic benefit  will be  extended to the Union's represented employees in a manner  consistent with the overall economic agreement between the SFMTA  and the union with which it previously agreed;[end addition]

[begin addition]  [end addition]

[begin addition]  [end addition]

[begin addition]             (b[end addition] [begin addition] )        in  the  event that an arbitration panel acting under the authority of Charter section  A8.409-4 awards another union representing miscellaneous employees employed in the SFMTA an economic benefit that becomes effective between  July  1,  2010  through  December  30,  2010, the SFMTA shall allow the Union to reopen its MOU solely for the purpose of proposing that its represented employees should receive an economic benefit in FY 2011-12, in light of the arbitration panel's award on behalf of the other miscellaneous labor organization.  Such reopener, if any, shall commence in January 2011, and shall be subject to the timelines and the Charter factors set forth in Charter section A8.409. By entering into this agreement, the SFMTA is not conceding that the Union is or should be entitled to a remedy in the event another union receives an economic benefit for the time period described above. The parties also acknowledge that any economic increases so awarded that are based on market-based adjustments or reflect premiums for specific work functions are not necessarily applicable to any other group of employees or to other unions.[end addition]

[begin addition]  [end addition]

[begin addition]             (c)        that  economic  benefits  negotiated  for  or  awarded  to  non-A8.409 employees,  so-called  "miscellaneous safety", or employees whose retirement is  with the California Public Employees' Retirement System are exempt from this section and do not trigger subsections (a) and (b), above; and [end addition]

[begin addition]  [end addition]

[begin addition]             (d)        that any economic benefits negotiated or awarded that become effective on or prior to June 30,  2009  are exempt from this section and do not trigger subsections (a) and (b), above.[end addition]

[begin addition]  [end addition]

[begin addition]  [end addition]

[begin addition]  [end addition]

[begin addition]  [end addition]

TWU, Local 250-A (7410) 2010 Cost Analysis

[begin addition]  [end addition]

[begin addition]  [end addition]

[begin addition]  [end addition]

AMENDMENT No. 1

TO THE 2006-2009 MEMORANDUM OF UNDERSTANDING

BETWEEN

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY

AND

THE TRANSPORT WORKERS’ UNION, AFL-CIO

LOCAL 250-A

TRANSIT FARE INSPECTORS (9132)

The parties hereby amend and extend the Memorandum of Understanding as follows:

V.C.     DURATION OF AGREEMENT

242.      This CBA shall be in effect from July 1, 2006, through and inclusive of June 30, [begin deletion] 2009[end deletion] [begin addition] 2010[end addition] .

[begin addition] 242a.   it is understood and agreed that no new economic benefits for FY 2010-11 shall become effective prior to December 31, 2010; provided as follows:[end addition]

[begin addition]  [end addition]

[begin addition]             (a)        [end addition] [begin addition] in  the  event  the  San Francisco Municipal Transportation Agency negotiates to improve an economic benefit that becomes effective  between  July  1, 2010 through December 30, 2010, inclusive, for any  other  miscellaneous  City and County officers or employees employed in the SFMTA,   that economic benefit  will be  extended to the Union's represented employees in a manner  consistent with the overall economic agreement between the SFMTA  and the union with which it previously agreed;[end addition]

[begin addition]  [end addition]

[begin addition]             (b)  [end addition] [begin addition]       in  the  event that an arbitration panel acting under the authority of Charter section  A8.409-4 awards another union representing miscellaneous employees employed in the SFMTA an economic benefit that becomes effective between  July  1,  2010  through  December  30,  2010, the SFMTA shall allow the Union to reopen its MOU solely for the purpose of proposing that its represented employees should receive an economic benefit in FY 2011-12, in light of the arbitration panel's award on behalf of the other miscellaneous labor organization.  Such reopener, if any, shall commence in January 2011, and shall be subject to the timelines and the Charter factors set forth in Charter section A8.409. By entering into this agreement, the SFMTA is not conceding that the Union is or should be entitled to a remedy in the event another union receives an economic benefit for the time period described above. The parties also acknowledge that any economic increases so awarded that are based on market-based adjustments or reflect premiums for specific work functions are not necessarily applicable to any other group of employees or to other unions.[end addition]

[begin addition]  [end addition]

[begin addition]  [end addition]

[begin addition]  [end addition]

[begin addition]  [end addition]

[begin addition]             (c)        that  economic  benefits  negotiated  for  or  awarded  to  non-A8.409 employees,  so-called  "miscellaneous safety", or employees whose retirement is  with the California Public Employees' Retirement System are exempt from this section and do not trigger subsections (a) and (b), above; and [end addition]

[begin addition]  [end addition]

[begin addition]             (d)        that any economic benefits negotiated or awarded that become effective on or prior to June 30,  2009  are exempt from this section and do not trigger subsections (a) and (b), above.[end addition]

[begin addition]  [end addition]

[begin addition]  [end addition]

TWU Local 250-A (9132) 2010 Cost Analysis

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