2010 LQ City Employees' Association - Agency ShopAGENCY SHOP AGREEMENT
BY AND BETWEEN THE CITY OF LA QUINTA
AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION
The La Quinta City Employees' Association ("Association") requested to meet and confer on the
implementation of an agency shop in the City of La Quinta ("City") pursuant to California
Government Code Section 3502.5. "Agency Shop" is defined in that statute as "an arrangement
that requires an employee, as a condition of continued employment, either to join the recognized
employee organization or to pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of the organization." The City
and Association failed to reach an agreement on implementing an agency shop through the meet
and confer process, and so Association exercised its right to petition for an election on this issue.
An election was held on January 14, 2010 under the supervision and control of a representative
from the State Mediation and Conciliation Services, and at that election a majority of the
employees represented by the Association voted in favor of an agency shop. That vote is binding
on the City. Therefore, the City and the Association have agreed on the implementation of an
agency shop as set forth in this Agency Shop Agreement. All current employees and all
employees who are hired after the effective date of this Agreement, which date shall be January
14, 2010, and who are in a job classification represented by the Association, shall within thirty
(30) working days, become members of the Association or pay a service fee.
Each fiscal year, Association shall inform the City in writing of the membership dues per pay
period (prorated from the date an employee is hired). Employees shall be required to sign a
Payroll Deduction Fonn authorizing the deduction of the dues or service fee from payroll. The
requirement to pay dues or a service fee shall not apply to employees not represented by the
Association.
Dues or service fees withheld by the City shall be transmitted to the Association Officer
designated in writing by the Association. The parties further agree that the failure of any
employee represented by the Association to remain a member in good standing of the
Association or to pay the service fee during the term of this Agency Shop Agreement shall
constitute just and reasonable cause for termination of employment by the City, as required by
Government Code Section 3502.5.
The City shall not be obligated to put into effect any new, changed, or discontinued deduction
until an Association membership card or signed Payroll Deduction Form is submitted to the
City's Finance Department in sufficient time to permit normal processing of the change or
payroll deduction.
No employee shall be required to join the Association 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 as a condition of employment. This exemption shall not be granted unless and
until such employee has verified the specific circumstances with the Association by filing a letter
from the local head of the religion, body or sect. Such employee must instead arrange with the
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Association to satisfy his/her obligation by donating the equivalent amount of the agency shop
fees to anon-labor, non-religious charitable fund which is tax exempt under Section 501(c)(3) of
the federal Internal Revenue Code. The employee shall be allowed to determine the charitable
Fund, but must provide written proof of the donation to the Association and City monthly.
The Association shall be fully responsible for expending funds received under this Agency Shop
Agreement consistent with all legal requirements for expenditures of employees' dues, which are
applicable to public sector labor organizations.
Whenever an employee shall be delinquent in the payment of dues or service fees, Association
shall give the employee written notice thereof and fifteen (15) days to cure the delinquency. A
copy of said written notice shall be given to the City's Finance Department at the same time. In
the event that the employee remains delinquent for a period of sixty (60) days, Association shall
request in writing that the City initiate termination proceedings in accordance with the applicable
City Personnel Rules governing termination from employment. These termination proceedings
are specifically excluded from the City's grievance procedures.
Association shall keep an adequate itemized record of its financial transactions. Within sixty
(60) days after the end of the fiscal year, Association shall make available to the City and all
represented employees a detailed written financial report thereof in the form of a balance sheet
and operating statement, certified as to accuracy by the Association President and Treasurer, or
corresponding principal officer, or by a certified public accountant. If the Association is required
to file financial reports under the Labor-Management Disclosure Act of 1959 (29 U.S.C. 401 et
seq), or is required to file financial reports under Government Code Section 3546.5, then
Association may satisfy its financial reporting requirements with those financial reports.
This Agency Shop Agreement shall become null and void if rescinded by a vote of the majority
of the employees in the Association pursuant to Government Code Section 3502.5(d).
Association shall defend, indemnify, and hold harmless the City and its elected and appointed
officials, employees, and attomeys from any claim, demand, loss, liability, or cause of action,
whether in a court of law or an administrative proceedings arising out of the City's compliance
with its agency fee obligations under this Agency Shop Agreement. Upon commencement of
such legal action or proceedings before an administrative agency, or the filing of a claim against
the City, Association shall have the right to decide and determine whether any claim, lawsuit, or
other action against the City, its elected or appointed officials, employees, or attomeys because
of the City's enforcement of this Agency Shop Agreement shall be compromised, resisted,
defended, tried, or appealed. Any such decision shall not diminish Associations defense or
indemnification obligations under this Agency Shop Agreement.
Upon the receipt of any lawsuit, claim, or other cause of action naming the City, City shall
within two (2) business days inform the Association, and provide a copy of any such lawsuit,
claim or other cause of action. During the pendency of any legal proceedings, City shall provide
Association with all the information, documents and assistance reasonably necessary for the
Association to defend or settle the matter, and shall fully cooperate with the Association in
providing all necessary employees as witnesses. The cost of any such assistance shall be paid by
the Association.
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Upon the conclusion of any legal action involving the City's compliance with this Agency Shop
Agreement, by judgment, compromise, appeal, or settlement, Association shall immediately pay
the parties to such action all sums due under the judgment, compromise, appeal or settlement.
This specifically includes any award of damages or costs to a City employee who has named the
City in any legal or administrative proceeding.
The provisions of this Agency Shop Agreement shall become null and void during the period of
any violation by Association of the no-strike provisions of the current Memorandum of
Understanding.
Date: '~ - ~ , 2010
Date: Z ~ y , 2010
CITY OF LA QUINTA
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LA QUINTA CITY EMPLOYEES'
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