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HomeMy WebLinkAbout1985-06-25; City Council; Resolution 80771 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN WPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD CITY EMPLOYEES' ASSOCIATION. WHEREAS, representatives of management and the Carlsbad City Employees' Association, have been conducting negotiations pursuant to the Meyers-Milias-Brown Act, regarding wages and other terms and conditions of employment for the period July 1, 1985 through July 1, 1987; and WHEREAS, said representatives have reached agreement which they desire to submit to the City Council for approval; and WHEREAS, the City Council has determined it to be in the public interest to accept such an agreement in the form of a Memorandum of Understanding, marked Exhibit A and incorporated by reference herein; NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Memorandum of Understanding between the Carlsbad City Employees' Association, and representatives of management is hereby accepted. xx xx xx xx xx xx xx .. 1 2 2 4 5 6 7 e 9 10 11 12 13 14 15 16 3.7 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 25th day of June , 1985, by the following vote to wit: AYES: council Wers Casler, Lewis, Chick and Pettine MARY H. @SLER, I Mayor ATTEST: (SEAL) KMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this 20th day of June, 1985, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the "City"), and the designated representatives of the Carlsbad City Employees' Association, (hereinafter referred to as CCEA) . PREAMBLE It is the purpose of this Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation and understanding between the City Management representatives and the miscellaneous employees covered under this Memorandum, as shown on Attachment A; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this Memorandum, which agreement the parties intend to jointly submit and recommend to the City Council for its determination. ARTICLE 1. RECOGNITION The City of Carlsbad recognizes CCEA, as representative for all classifications in this Unit, as set forth in Attachment A. ARTICLE 2. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council subsequent to the ratification of the Memorandum by the membership of CCEA. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: A. The City Council acts, by majority vote, formally to approve and adopt said Memorandum, or B. The City Council acts to appropriate the necessary funds required to implement the provisions of this Memorandum, or C. The City acts in a timely manner to make the changes in City ordinances, resolutions, rules, policies and procedures necessary to implement this Memor and um . ARTICLE 3. TERM - The term of this Memorandum shall commence on the date when the terms and conditions for its effectiveness, as set forth in Implementation, are fully met. This Memorandum shall expire and otherwise be fully terminated at 12:OO midnight on 3une 30, 1987. ARTICLE 4. RENEGOTIATION A. In the event either party desires to meet and confer in good faith on the provisions of a successor Memorandum, each party shall serve upon the other party, during the period from December 1, 1986 to February 1, 1987, its written request to commence meeting and conferring in good faith. Upon receipt of such written notice, meet and confer in good faith shall begin no later than April 1, 1987. B. Unless the City serves upon the employees by proposals to amend, add to, delete, or otherwise change any of the provisions of the Memorandum, this Memorandum shall constitute City's full proposal for a successor agreement. Upon receipt of such notice and proposals, meet and confer shall begin no later than April 1, 1987. Notwithstanding the above, if federal or state governments take action that has direct effect upon areas which fall within meet and confer, the City may submit proposals concerning these areas at later dates. C. If neither party requests a reopening for the purpose of renegotiation, all conditions of this Memorandum remain in full force and effect for one year from the date it would have terminated as set forth in Article 3, Term, unless either party gives thirty (30) days notice to terminate subsequent to 3une 30, 1987. ARTICLE 5. RETENTION OF BENEFITS The employees of the City of Carlsbad shall retain all present benefits for the term of this agreement, except as amended by this Memorandum. ARTICLE 6. CITY RIGHTS The rights of the City include, but are not limited to the exclusive right to determine mission of its constituent departments, commissions, boards; set standards of service; determine procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE 7. NO STRIKE AND NO LOCKOUT A. No Strike. During the life of this Agreement, neither the employees nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike ( including sympathy strike) , slowdown, concerted stoppage of work, sickouts, or any other intentional disruption of the operations of the City, regardless of the reason for so doing. a- B. C. D. Penalty. who instigates or gives leadership to such activity, shall be subject to disciplinary action. Any employee engaging in activity prohibited by Article 7.A., or No Lockout. a lockout over a dispute with the Employees so long as there is no breach of Section 7.A. During the term of this Agreement, the City will not instigate Association Official Responsibility. of officer of the Employee Association occupies a position of special trust Each employee who holds the position .- and responsibility in maintaining and bringing about compliance’ with the provisions of this Article, the employees agree to inform its members of their obligations under this Agreement and to direct them to return to work. ARTICLE 8. COMPENSATION AD3USTMENTS The parties agree to recommend that the City Council amend the existing salary plan adopted by the City Council Resolution No. 7795 to provide for salary adjustments in the amounts and effective on the dates shown below. A. Salary range changes for the classifications shown below will become effective at the beginning of the pay period following the signing of this Memo rand um . Classification Accountant Assistant Civil Engineer Assistant Planner Associate Civil Engineer Associate Planner Building Inspector I1 Building Inspector I11 Construct ion Inspector Equipment Mechanic I I Equipment Mechanic Leadworker Present Range New Range 35 P4 2 P37 P49 P4 5 38 44 38 30 35 36 P4 3 P3 8 P5 0 P4 6 39 45 39 31 36 B. Six percent (6%) salary increase for all represented classifications effective at the beginning of the pay period following the signing of this Memora nd um . C. Four percent (4%) salary increase for all represented classifications at the beginning of the pay period following June 30, 1986. D. Parties agree that employees who select indemnity plan health insurance for themselves only shall receive differential compensation in the amount of twenty dollars ($20.00) per month to be paid during December 1985, December 1986, and June 1987. E. Additional adjustments effective September 1, 1986 for all represented classifications shall be made pursuant to a survey of salaries in all cities and the County of San Diego within San Diego County. conducted and implemented as provided below. The survey shall be 1. The survey will be conducted during the month of September, 1986. 2. The survey will be conducted jointly. 3. The survey will determine the top merit step salary for the following "bench-mark" classifications : Account ant Assistant Civil Engineer Assistant Planner Building Inspector I1 Custodian Engineering Technician I1 Park Maintenance Worker I1 Account Clerk I1 Clerk Typist I1 Steno Clerk I1 Librarian I1 Planning Technician I1 Maintenance Worker I11 Street Maintenance Worker I1 Recreation Supervisor I1 Secretary I1 4. If any of the above agencies has not been concluded its negotiation process by September 1, 1986 and has not set salary rates for the ensuing fiscal year, then that agency shall be excluded from the survey. 5. The City of Carlsbad shall not be included in the survey or in any of the averaging discussed below. Once the above survey has been conducted, salary adjustments will be made based on the following provisions: 6. 7. 8. 9. The agency with the highest salary in each of the survey classifications and the agency with the lowest shall be eliminated. The salary schedules of the classifications shall be adjusted such that the top salary steps for each shall be equivalent to the average of the top merit steps of the corresponding classification in the survey conducted pursuant to the provisions above. of the top step other steps shall be adjusted so as to maintain the pre-existing separation between steps. Following such adjustment Non-"bench-mark" classifications within the City of Carlsbad shall maintain their same internal relationship with "bench-mark" coverage. The parties agree that as of September 1, 1986 all represented City of Carlsbad classifications shall receive a salary that is within one percent (1%) of the County-wide average as determined by the above procedure. 7 IO. In no event will any employee suffer a decrease in salary on account of application of the survey formula set forth herein. ARTICLE 9. The parties agree the following classifications effective upon signing of this Memorandum shall cease to be represented by CCEA and shall hereafter be Management Classifications governed by the provisions of the Management Compensation Plan. Aq ua t ic Supervisor Audio-visual Specialist Building Maintenance supervisor Construction Supervisor Electrical Operations Supervisor Meter Shop Supervisor Office Supervisor Park Supervisor Sewer Maintenance Supervisor Street Maintenance Supervisor Water Maintenance Supervisor ARTICLE 10. COMMUNICATIONS The parties agree to continue meeting at least once each month during the term of this agreement for the purpose of continuing communications on subjects of mutual concern. ARTICLE 11. INSURANCE The City and CCEA agree that existing percentages represneting the apportionment of insurance premium costs which are paid by employee and the City will continue in effect during the term of this Memorandum of Understanding. ARTICLE 12. ASSOCIATION DEDUCTION Parties agree that upon formal notice from CCEA and employee authorization, the City shall withhold deductions in amounts designated by CCEA members providing changes do not occur more frequently than once each fiscal quarter. ARTICLE 13. HOLIDAYS The City agrees to observe eleven (1 1) scheduled paid holidays plus one (1) additional floating holidays for eight hour a day, five day work week employees, and nine (9) scheduled paid holidays plus one (1) additional floating holiday for ten hour a day, for day work week employees; the floating holiday to be taken at the discretion of the individual employee with the approval of the employee's Department Head, is as follows: The holiday schedule for the term of this agreement HOLIDAY SCHEDULE 8/5 EMPLOYEES 11 DESIGNATED 1 FLOATING TOTAL 96 HOURS 18/4 EMPLOYEES 9 DESIGNATED 1 FLOATING TOTAL 100 HOURS HOLIDAY Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day - 815 10/4 Mon.-Thurs. Tues .-Fri . 1985 - Thurs. 3ul. 4 Thurs. 3ul. 4 Thurs. 3ul. 4 Mon. Sep. 2 Mon. Sep. 2 Tues. Sep. 3 Fri. Oct. 11 ----- Fri. Oct. 11 Mon. NO~. 11 Mon. NO~. 11 ----- Thurs. Nov. 28 Thurs. Nov. 28 Thurs. Nov. 28 Fri. Nov. 29 ----- Fri. Nov. 29 Wed. Dec. 25 Wed. Dec. 25 Wed. Dec. 25 19 86 _I Wed. Jan. 1 Wed. Jan. 1 Wed. Jan. 1 Wed. Feb. 12 Wed. Feb 12 Wed. Feb. 12 Mon. Feb. 17 Mon. Feb. 17 Tues. Feb. 18 Mon. May 26 Mon. May 26 ----- Thurs. 3ul. 4 Thurs. 3ul. 3 Fri. 3ul. 4 Mon. Sep. 1 Mon. Sep. 1 Tues. Sep. 2 Fri. Oct. 13 Mon. Oct. 13 ----- Tues. Nov. 11 Tues. Nov. 11 Tues. Nov. 11 Thurs. Nov. 27 Thurs. Nov. 27 Thurs. Nov. 27 Fri. NO~. 28 ----- Fri. Nov. 28 Thurs. Qec. 25 Thurs. Dec. 25 Thurs. Dec. 25 1987 - Thurs. 3an. 1 Thurs. 3an. 1 Thurs. Jan. 1 Thurs. Feb. 12 e---- Thurs. Feb. 12 Mon. Feb. 16 Mon. Feb. 16 ----- Mon. May 28 Mon. May 25 Tues. May 26 ARTICLE 14. e STATE DISABILITY INSURANCE - LONG TERM DISABILITY INSURANCE. The City agrees to continue premium payments for the state disability insurance during the term of this agreement, except as noted below. The City agrees to examine alternative disability insurance plans. When an alternative plan is found mutually acceptable to the City and CCEA the parties will discontinue the present state disability insurance in favor of the new agreed to insurance. ARTICLE 15. 401K/125 PLAN. The City agrees to examine the feasibility of installing a 11401K/12511 plan for use by City employees. ARTICLE 16. FULL UNDERSTANDING, MODIFICATION, WAIVER. A. It is intended that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. B. It is the intent of the parties that this Memorandum of Understanding be administered in its entirety in good faith during its full term. It is recognized that during such term it may be necessary for the City to make changes relative to the hours, wages, terms and conditions of employment or changes in rules or procedures affecting the employees of the Unit. Where the City finds it necessary to make such changes, it shall notify CCEA indicating the proposed change prior to its implementation. If CCEA wished to consult or meet and confer with the City regarding the matter, CCEA shall notify the City within five (5) working days from the receipt of such notice. Upon receipt of such notice, the parites shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any problem arising as a result of the change instituted by the City. Where the City makes such changes because of the requirements of the law, the City shall not be required to negotiate the matter of compliance with any such law. Nothing herein shall limit the authority of the City to make such changes required during emergencies. However, the City shall notify CCEA of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of the emergency. "Emergency" shall be defined as an unforeseen circumstance requiring immediate implementation of the change. C. Failure by CCEA to request consultatin or negotiations, pursuant to Paragraph B, shall not be deemed as approval of any action taken by the City. I). E. F. a Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights, and agrees that the other shall not be required, to negotiate with respect to any other matters within the scope of negotiations, during the term of this Memorandum of Understanding. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 17. AUTHORIZED AGENTS. For the purpose of administering the terms and provisions of this Memorandum of Understanding : A. City's principal authorized aqent shall be the City Manager, or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California, 92008; Telephone: (619) 438-5621), except where a particular City Representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CCEA authorized representative shall be its President or a duly authorized representative (Address: P.O. Box 2056, Carlsbad, California, 92008; Telephone: (619) 729-8128). ARTICLE 18. PROVISIONS OF LAW. It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provisions of this Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representative to execute this Memorandum of Understanding the day, month, and year first above written. CITY OF CARLSBAD n CARLSBAD CITY EMPLOYEES4 ASSOCIATION City Attorney W'