R Telephone: 916.983.7840 • Facsimile: 916.290.0148 • Web: www.joeroselaw.com • 2240 East Bidwell Street • Folsom, California 95630

RRose Law Firm, P.C.

November 16, 2009 TO: Members, Stockton City Employees’ Association (SCEA) FROM: Joe Rose, Attorney for SCEA SUBJECT: Proposal to implement modified workweek (9/80 Plan) on January 1, 2010 Dear SCEA Members: On Friday, November 13, I learned that the human resources department will soon be asking the City Council to implement a modified workweek (“9/80 Plan”) on a compulsory basis commencing January 1, 2010. As we understand the proposal, all employees represented by SCEA will be required to work a “9/80 Plan” instead of the standard 5/40 Plan, except certain employees in the police, fire, community services, and municipal utilities departments, and some employees performing information technology functions. The leadership of SCEA is generally supportive of modified workweeks such as the 9/80 Plan and the 4/10 Plan where the alternate work schedules are voluntary rather than mandatory. Last year, SCEA negotiators proposed inclusion of provisions for the current Memorandum of Understanding (MOU) authorizing these modified workweeks with mutual agreement between the employee and his or her supervisor or manager. Unfortunately, these proposals were rejected by management. The MOU provision applicable to work schedules can be found at Section 12.1(a) on page 33, which reads:

“The normal workweek for employees in this unit consists of five (5) consecutive eight (8) hour days for a total of forty (40) hours in a seven (7) day work period. Where operational requirements of a department require deviations from the present schedule, the department head with approval of the Director of Human Resources may institute alternate work schedules provided that such schedules conform to work period requirements of Fair Labor Standards Act and the City meets and confers with the Association concerning the proposed schedule change(s) before implementation.”

Under Section 12.1 of the MOU, the City must first exhaust its legal obligation to meet and confer in good faith with SCEA before implementing the 9/80 Plan. Friday, November 16, was our first and only meeting on the subject thus far. At this meeting, I voiced my concern that the proposed date of implementation (January 1, 2010) is too soon to effectively address

R Members, Stockton City Employees’ Association (SCEA) November 16, 2009 Page 2 of 2 potential employee concerns with the new compulsory work schedule, such as commuting arrangements, child care arrangements, elder care arrangements, et cetera.

Also, ongoing safety and security concerns as employees walk between their parked vehicles and City offices have not been adequately addressed. Earlier shift start times or later shift end times may increase the prevalence of employees walking to and from their cars in the dark before dawn or after sunset.

Attached is the draft memorandum from the human resources department to the City

Council, which explains the City’s proposal and the 9/80 Plan in greater detail. SCEA would like to hear your answers to the following two questions concerning the

City’s proposal: 1. Do you support implementation of the 9/80 Plan on a voluntary basis? 2. Do you support implementation of the 9/80 Plan on an involuntary basis? Please respond to with your answers to these questions, comments, and feedback to the

SCEA Director in your region. Or, post your answers to these questions and your feedback to the SCEA weblog at http://www.sceablog.org.

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT

DRAFT