Contracting Out, Subcontracting, and JPA’s. The City will notify the Union of its intent to contract, subcontract, or place in a joint powers agreement (JPA), work customarily performed by members of this bargaining unit where such contracting or subcontracting would result in loss, or potential loss, through attrition or layoff of such bargaining unit members. The notice shall include an explanation of the City's reason for proposing such contracting/subcontracting. Such notice shall also be given if the City proposes to merge or consolidate a portion of operations affecting Bargaining Unit employees. The Union shall be given the opportunity to meet with the City to discuss the effect of the proposed action upon its members and, upon request, to propose effective and economical City of San Xxxxxx - AFSCME 829 2020-21 Memorandum of Understanding alternative ways in which such services could continue to be provided by the City's own employees. The City shall allow the Union forty-five calendar days, from notice by the City, in which to make such proposals and to conduct necessary meetings prior to formal action by the City Council. If the City decides to subcontract, undertake a merger, or enter into a joint powers agreement (JPA), the City shall endeavor in good faith to negotiate for the assumption of all affected employees into the proposed successor operation. However, if the City determines in good faith that such assumption is not feasible, the City will attempt to mitigate the impact on displaced employees, including the possibility of placement in City suitable vacancies and/or retraining.
