PR21-65 UMC IUOEL Local 99-99A CBA Draft Comm Report

COUNCIL OF THE DISTRICT OF COLUMBIA
COMMITTEE OF THE WHOLE
COMMITTEE REPORT
1350 Pennsylvania Avenue, NW, Washington, DC 20004
DRAFT
TO:
All Councilmembers
FROM:
Chairman Phil Mendelson
Committee of the Whole
DATE:
March 17, 2015
SUBJECT:
Report on PR 21-65, the “Agreement between the Not-for-Profit Hospital
Corporation (United Medical Center) and the International Union of Operating
Engineers Local 99-99A, AFL-CIO Approval Resolution of 2015”
The Committee of the Whole, to which PR 21-65, the “Agreement between the Not-forProfit Hospital Corporation (United Medical Center) and the International Union of Operating
Engineers Local 99-99A, AFL-CIO Approval Resolution of 2015” was referred, reports
favorably thereon, and recommends approval by the Council.
CONTENTS
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
Background and Need
Legislative Chronology
Position of the Executive
Comments of Advisory Neighborhood Commissions
Summary of Testimony
Impact on Existing Law
Fiscal Impact
Section-by-Section Analysis
Committee Action
Attachments
I.
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BACKGROUND AND NEED
PR 21-65, the “Agreement between the Not-for-Profit Hospital Corporation (United
Medical Center) and the International Union of Operating Engineers Local 99-99A, AFL-CIO
Approval Resolution of 2015,” was introduced by Chairman Mendelson. PR 21-65 would
approve the negotiated Collective Bargaining Agreement for certain Not-for-Profit Hospital
Corporation employees covered in the bargaining unit for the International Union of Operating
Engineers Local 99-99A, AFL-CIO.
Pursuant to D.C. Official Code §§ 44-951.02, the Not-for-Profit Hospital Corporation, an
instrumentality of the District government commonly known as the United Medical Center
(UMC), has independent personnel and contracting authority. D. C. Official Code § 1-617.17
authorizes such entities to negotiate and conclude Collective Bargaining Agreements, and
authorizes the Council of the District of Columbia to approve these Agreements. Under this
authority, the United Medical Center negotiated and concluded a new Collective Bargaining
Committee of the Whole
Report on PR 21-65
March 17, 2014
Page 2 of 4
Agreement with the International Union of Operating Engineers Local 99-99A, AFL-CIO, upon
the expiration of the prior Agreement. United Medical Center then transmitted the Agreement to
the Council for approval.
The previous Collective Bargaining Agreement between the United Medical Center and
the International Union of Operating Engineers Local 99-99A, AFL-CIO began on October 1,
2011 and ended on September 30, 2014. A brief negotiation period began in September 2014
and ended in November 2014. A new Collective Bargaining Agreement covering Fiscal Year
2015 through Fiscal Year 2017 was reached with an effective date of October 1, 2014.
The compensation provisions of the new Collective Bargaining Agreement provides for
changes in wage rates, the paid leave plan, including modification of the annual leave bank,
accumulated leave, and disability reserve, as well as a miscellaneous provision for uniforms.
The Agreement establishes that the pay schedules of International Union of Operating Engineers
Local 99-99A, AFL-CIO members, as certified and assigned by the Public Employee Relations
Board, will be adjusted annually by 3.0% in FY 2015, 1.5% in FY 2016, and 1.0% in FY 2017;
and thereafter, by percentage base wage increases with the addition of incentives based upon
goals for hospital performance.
The Committee of the Whole recommends the approval PR 21-65, the “Agreement
between the Not-for-Profit Hospital Corporation (United Medical Center) and the International
Union of Operating Engineers Local 99-99A, AFL-CIO Approval Resolution of 2015,” as the
parties have approved this Collective Bargaining Agreement.
II.
LEGISLATIVE CHRONOLOGY
Feb 20, 2015
PR 21-65, the “Agreement between the Not-for-Profit Hospital
Corporation (United Medical Center) and the International Union of
Operating Engineers Local 99-99A, AFL-CIO Approval Resolution of
2015” is introduced by Chairman Mendelson.
Mar 6, 2015
Notice of Intent to Act on PR 21-65 is published in the DC Register.
Mar 6, 2015
Notice of a Public Oversight Roundtable on PR 21-65 is published in the
DC Register.
Mar 9, 2015
A Public Oversight Roundtable is held on PR 21-65 by the Committee of
the Whole.
March 17, 2015
The Committee of the Whole marks up PR 21-65.
Committee of the Whole
Report on PR 21-65
March 17, 2014
Page 3 of 4
III.
POSITION OF THE EXECUTIVE
Dean Aqui, Interim Director, Office of Labor Relations and Collective Bargaining,
testified on behalf of the Executive in support of PR 21-65.
IV.
COMMENTS OF ADVISORY NEIGHBORHOOD COMMISSIONS
The Committee received no testimony or comments from any Advisory Neighborhood
Commission on PR 21-65.
V.
SUMMARY OF TESTIMONY
The Committee of the Whole held a Public Oversight Roundtable on PR 21-65, the
“Agreement between the Not-for-Profit Hospital Corporation (United Medical Center) and the
International Union of Operating Engineers Local 99-99A, AFL-CIO Approval Resolution of
2015” on March 9, 2015. The testimony summarized below is from that hearing. A copy of the
written testimony is attached to this report.
Dean Aqui, Interim Director, Office of Labor Relations and Collective Bargaining,
testified that the Executive supports to PR 21-65.
There was no testimony or written comments in opposition to PR 21-65.
VI.
IMPACT ON EXISTING LAW
PR 21-65, the “Agreement between the Not-for-Profit Hospital Corporation (United
Medical Center) and the International Union of Operating Engineers Local 99-99A, AFL-CIO
Approval Resolution of 2015,” approves the Collective Bargaining Agreement for certain United
Medical Center employees in the International Union of Operating Engineers Local 99-99A, AFL-CIO .
VII.
FISCAL IMPACT
Funds are sufficient in the FY 2015 through FY 2018 budget and financial plan to
implement the collective bargaining agreement. The incremental cost of the agreement is
$68,000 in FY 2015 and $163,000 over the financial plan period. The Not-for-Profit Hospital
Corporation has planned for these increases and has sufficient funding in its budget.
Committee of the Whole
Report on PR 21-65
VIII.
March 17, 2014
Page 4 of 4
SECTION-BY-SECTION ANALYSIS
Section 1
States the short title of the PR 21-65.
Section 2
Approves the Collective Bargaining Agreement between the Not-ForProfit Hospital Corporation, and the International Union of Operating
Engineers Local 99-99A, AFL-CIO.
Section 3
Directs the Secretary of the Council to transmit a copy of this act to the
Mayor, the Not-For-Profit Hospital Corporation, and the International
Union of Operating Engineers Local 99-99A, AFL-CIO.
Section 4
Adopts Fiscal Impact Statement.
Section 5
Establishes the effective date by stating that the resolution shall take effect
immediately.
IX.
COMMITTEE ACTION
On November 18, 2014, the Committee met to consider PR 21-65, the “D.C. Rocks, So
We Need One Act of 2014.” The meeting was called to order at 10:39 a.m., and PR 21-65 was
item VI-E on the agenda. After ascertaining a quorum (Chairman Mendelson and
Councilmembers Alexander, Bonds, Bowser, Catania, Cheh, Evans, Graham, Grosso, McDuffie,
Orange and Wells present; Councilmember Barry absent), Chairman Mendelson moved both the
print and the report together with leave for staff to make technical, conforming, and editorial
changes. After an opportunity for discussion the vote on the print and report was unanimous
(Chairman Mendelson and Councilmembers Alexander, Bonds, Bowser, Catania, Cheh, Evans,
Graham, Grosso, McDuffie, Orange, and Wells voting aye; Councilmember Barry absent). The
meeting adjourned at 1:30 p.m.
X.
ATTACHMENTS
1.
PR 21-65 as introduced.
2.
Written testimony and comments.
3.
Fiscal Impact Statement.
4.
Legal Sufficiency Review.
5.
Committee Print for PR 21-65.
COUNCIL OF THE DISTRICT OF COLUMBIA
1350 Pennsylvania Avenue, N.W.
Washington D.C. 20004
Memorandum
To :
Members of the Council
From :
Nyasha Smith, Secretary to the Council
Date :
February 27, 2015
Subject : Referral of Proposed Legislation
Notice is given that the attached proposed legislation was introduced in the Office
of the Secretary on Friday, February 20, 2015. Copies are available in Room 10, the
Legislative Services Division.
TITLE: "Agreement between the Not-for-Profit Hospital Corporation (United
Medical Center) and the International Union of Operating Engineers Local 99-99A,
AFL-CIO Approval Resolution of 2015", PR21-0065
INTRODUCED BY: Chairman Mendelson at the request of the Not-for-Profit
Hospital
The Chairman is referring this legislation to the Committee of the Whole. This
resolution will be deemed approved on Friday, March 27, 2015 without Council
action.
Attachment
cc: General Counsel
Budget Director
Legislative Services
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COMMITTEE PRINT-DRAFT
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Committee of the Whole
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March 17, 2015
A PROPOSED RESOLUTION
21-65
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
__________
To approve the negotiated collective bargaining agreement for certain Not-for-Profit Hospital
Corporation employees covered in the bargaining unit for the International Union of
Operating Engineers Local 99-99A, AFL-CIO.
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RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that this
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resolution may be cited as the “Compensation and Collective Bargaining Agreement between the
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Not-For-Profit Hospital Corporation (United Medical Center) and the International Union of
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Operating Engineers Local 99-99A, AFL-CIO Approval Resolution of 2015”.
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Sec.2. Pursuant to section 1717(j) of the District of Columbia Government
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Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
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Official Code § 1-617.17(j)), the Council approves the compensation agreement and related pay
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schedules negotiated through collective bargaining between the Not-For-Profit Hospital
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Corporation and the International Federation of Special Police and Security Officers Local 99-
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99A, AFL-CIO, that were transmitted to the Council on February 20, 2015.
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Sec.3. Transmittal.
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The Secretary of the Council shall transmit a copy of this resolution, upon its adoption, to
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the Mayor, the Not-For-Profit Hospital Corporation, and the International Union of Operating
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Engineers Local 99-99A, AFL-CIO.
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Sec.4. Fiscal Impact Statement.
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The Council adopts the fiscal impact statement in the committee report as the fiscal
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impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,
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approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
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Sec. 5. Effective date.
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This resolution shall take effect immediately.