2005 LQ City Employees' Association - Agency Shop
LA QUINTA CITY EMPLOYEES ASSOCIATIONI
LABORERS' INTERNATIONAL UNION OF NORTH AMERICA
LOCAL 777
Agency Shop AgreemQnt
The La Quinta City Employees" Association (ULQCEA") and the Laborers'
International Union of North America Locpl 777 (LlUNA) requested to .meet and
confer on the implementation of an agency shop in the City of La Quinta pursuant
to the provisions of S8 739, Chapter 901, of the Statutes of 2000. The City and
" LIUNA failed to reach an agreement on implementing an agency shop and thus,
LIUNA exercised its right to petition for an election on this issue. A majority of the
I employees represented by LIUNA voted in favor of an agency shop in the election
held on' October 29, 2004, and that vote is binding on the City. Therefore, the .
parties have agreed an the implementation of an agency shop as set forth in this
Agency Shop Agreement (" Agreement").' All current employees and all employees
. who are hired ·after the' effective date of this . Agreement, which date shall be
October 29, 2004, and who are in a Job classification within the LlUNA
representation 'unit, shall within thirty' (30) working days, become members of
LIUNA or pay a service fee..
, Each fiscal year, llUNA shall inform the City in writing of the membership dues per
month (prorated from the date an employee is hired). Employees shall authorize the
deduction of the dues or service fe.e from payroll. The requirement to pay dues or
a service fee shall not apply to employees not represented by LIUNA.'
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Dues withheld by the City shall be transmitted to the LIUNA Officer designated in
writing by LIUNA. The parties further agree that the failure of any employee
covered by the Agreement'to remain a member in 'good standing of LIUNA or to
pay the service fee during the term of this Agreement shall constitute,' generally,
just and reasonable cause for termination. .
The City shall not .be obligated to put into effect any new, changed or discontinued
deduction until a LIUNA membership card is submitted to the Finance Department'
in ·sufficient time to permit· normal processing of the change or deduction.
No employee shall be required to join LIUNA or to make 'a service fee payment if
. the employee is an actual, verified member of a bona fide religion, body or sect,
which has historically held conscientious objections to joining or financially
, supporting employee organizations; this exemption shall not be granted unless and
,until such employee has verified the specific circumstances with LIUNA by filing a
letter from the local head of the religion, body or sect. Such employees must,
instead, arrangè with LlUNA to satisfy his/her obligation by donating the equivalent
amount to a non-labor, nQn-religion charitable fund, tax-exempt· under Section
501 (c) (3) of t~e Internal Revenue 'Code (lRC), chosen by the employee and LIUNA.
LIUNA shall be responsible for determinations under this paragraph.
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LIUNA shall be fully responsible for expending funds received under the Agreement
consistent with all legal requirements for expenditures of employee's dues, which
are applicable to public sector labor organizations.
Whenever an employee shall be delinquent in the payment of dues or fees, LlUNA
shall give the employee written notice thereof and fifteen (1 5) days to cure the
delinquency; a copy of said notice shall be forwarded to the City's Finance
Department. In the event the employee remains delinquent for a period of sixty
(60) days, LIUNA shall request, in writing, that the City initiate termination
proceedings. The termination proceedings shall be governed by applicable City
Personnel Rules and are specifically excluded from the Grievance Procedure.
LIUNA shall keep an adequate itemized record of its financial transactions and shall
make available annually to the City, upon request, to the employees who are
members of LIUNA within sixty (60) days after the end of its fiscal year, a detailed
written financial report thereof in the form of a balance sheet and an operating
statement, certified as to accuracy by its President and Treasurer or corresponding
Principal Officer or by a Certified Public Accountant. A copy of financial reports
required under or referred to in the Labor-Management Disclosure Act of 1959 or
Government Code Section 3546.5 shall satisfy this requirement.
This organizational security arrangement shall be null and void if rescinded by a
vote of employees in the unit purs~ant to Government Code Section 3502.5(b}.
-LlUNA hereby agrees to defend, indemnify and hold harmless the City ·and its
officers and employees from any claim, loss, liability, or cause of action of any
nature whatsoever arising out of the operation of this Agreement.
LlUNA indemnity and liability obligation is more fully set forth as follows:
LlUNA shall defend, indemnify and hold harmless the City and its officers and
employees from any clainl, loss, liability, cause of action or administrative
proceedings arising out of the operations of this Agreement. Upon commencement
of such legal action, administrative proceedings or claims, LIUNA shall have the
right to decide and determine whether any claim, administrative proceeding,
liability, suit, or judgment made or brought against the City or its officers and
employees because" of any application of the Agreement shall not be compromised,
resisted, defended, tried, or appealed. Any such decision on the part of LlUNA
shall not diminish LlUNA's defense and/or indemnification obligations under this
Agreement.
The City, immediately upon receipt of notice of such claim, proceeding or legal
action shall inform LlUNA of such action, provide LlUNA with all information,
documents and assistance necessary for LlUNA defense or settlement of such
action, and fully cooperate with LlUNA in providing all necessary employee
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witnesses and assistance necessary for said defense. The cost of any such
assistance shall be paid by LIUNA.
LIUNA, upon its compromise or settlement of such action or matter, shall
'immediately pay the parties to such action all sums due under such settlement or
compromise. LlUNA, upon final order and judgment of a court of competent
jurisdiction awarding damages or costs to any employee, shall pay all sums owing
under such order and judgment.
The provisions of this Agreement relating to agency shop shall become null and
void during the period of any violation by LIUNA of the no-strike provisions of the
current Memorandum of Understanding.
CITY OF LA QUINT A
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Signature
Irs:
Mark Weiss
Employee Relations Officer
DA TE:
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LABORERS' INTERNATIONAL UNION
OF NORTH AMERICA LOCAL 777
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. Sig ature
ITS:
Anthony Moreno
LQCEA Chapter President
DA TE:
ITS: Stephen Switzer
Labor Relations Representative
DATE: 7l '6) D '5
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