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HomeMy WebLinkAboutResolution - - 1995-071 - 3/14/1995 RESOLUTION NO. 95-71 A RESOLUTION ADOPTING THE LAST OFFER OF THE CITY OF FRESNOAS IT APPLIES TO ATU LOCAL 1027 CONCERNING THE IMPLEMENTATION OF THE OMNIBUS TRANSPORTATION EMPLOYEES TESTING ACT OF 1991 WHEREAS, pursuant to the Omnibus Transportation Testing Act of 1991, the federal government issued guidelines applicable to employers who are recipients of federal transportation funds which mandate the random testing of employees and their removal from safety sensitive positions; and WHEREAS, the Council formally adopted a policy statement at a public hearing of December 20, 1994, in order to comply with the requirements of the Omnibus Transportation Testing Act of 1991 which went into effect on January 1, 1995; and WHEREAS, the City has met and conferred in good faith over a six month period with all affected bargaining units in an effort to reach an agreement on the impact of the new regulations; and WHEREAS, the City has reached agreement regarding implementation of a policy with Local 39, IBEW and FPGA; and WHEREAS, by letter dated January 25, 1995, the City of Fresno declared impasse with respect to ATU Local 1027 in accordance with Fresno Municipal Code Section 2-1916; and WHEREAS, an impasse meeting was held on February 9, 1995, before the Director of Administrative Services as required by Fresno Municipal Code Section 2-1916(c)(1) and the parties mutually agreed to waive mediation and fact finding; and WHEREAS, the City is obligated to implement the act or face the loss of substantial federal funding. NOW, THEREFORE: the Council of the City of Fresno does hereby adopt the final offer of the City and directs staff to implement the provisions outlined in the attached Side Letter of Agreement. PAS5Et8.....�..._.�. ,_... CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) - I, JACQUELINE L. KYLE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the 14th day of March 1995, and that the same was passed by the following votes: JACQUELINE L. KYLE City Clerk jr Y i APPROVED AS TD FORM CITY ATTR S DfFICE BY. DEPUTY Ayes: Briggs, Calandra, Lung, ,WQoqy, PatitgTjpgR Noes: Quintero, Ronquillo Absent: None Abstain: None