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HomeMy WebLinkAboutCarlsbad City Employees' Association; 1983-07-26;.- .- MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this 26th day of July, 1983, by and between designated management representatives of the City of Carlsbad (hereinafter referred to as the I1City1l), and the designated representatives of the Carlsbad City Employees' Association, (hereinafter referred to as "Employees"). PREAMBLE It is the purpose of this Memorandum of Understanding (hereinafter referred to as "Memorandum1') 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 6. 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 Memorandum. 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 June 30, 1984. 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, 1983 to February 1, 1984, 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, 1984. 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, 1984. 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 June 30, 1984. 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 the mission of its constituent departments, commissions and boards; set standards of service; determine the 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 for 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. 6. C. D. 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. Penalty. Any employee engaging in activity prohibited by Article 7.A., or who instigates or gives leadership to such activity, shall be subject to disciplinary action. No Lockout. During the term of this Agreement, the City will not instigate a lockout over a dispute with the Employees so long as there is no breach of Section 7.A. Association Official Responsibility. Each employee who holds the position of officer of the Employee Association occupies a position of special trust 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 ADJUSTMENTS The parties agree to recommend that the City Council amend the existing city salary plan to provide a salary increase in the amount of three and one-half percent (3-1/2%) effective July 18, 1983. The above described amendment is to be computed, based upon the above described and agreed to amount, in increments applicable to each range and step in the salary plan. ARTICLE 9. INSURANCE Employees may select medical insurance coverage from either an indemnity plan or a health maintenance organization plan. Those employees choosing an indemnity plan must elect medical, dental and vision coverage. Those employees electing a health maintenance organization plan are limited to the plan in force at the time of agreement. a. Employees who have selected insurance coverage for themselves only shall receive compensation in the amount of ninety dollars ($90.00) per month to cover insurance premium costs. The semi-annual sum of the difference between the cost of the monthly insurance premiums and ninety dollars ($90.00) shall be paid to the employee during December 1983 and June 1984. Employees hired after the effective date of this memorandum and who select insurance coverage for themselves only shall be entitled to monthly compensation in an amount equal to the monthly insurance premium only. No payment of cost difference is authorized. b. Employees who have selected insurance coverage for the employee plus one dependent shall receive compensation in the amount of one-hundred forty-five dollars ($145.00) per month to be used for payment of insurance premiums, no payment of cost difference being authorized. Cost differences between monthly insurance premium and the above compensation shall be borne by the employee. c. Employees who have selected insurance coverage for employee plus two dependents shall receive compensation in the amount of two-hundred fifteen dollars ($215.00) per month to be used for payment of insurance premiums, no payment of cost difference being authorized. Cost difference between monthly insurance premiums and the above compensation shall be borne by the employee. ARTICLE IO. HOL IDAY S The City agrees to observe eleven (11) 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, four 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. The holiday schedule for the term of this agreement is as follows: HOL IOAY Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Thanksgiving Friday Christmas Day 8/5 EMPLOYEES 11 DESIGNATED 1 FLOATING TOTAL 96 HOURS 10/4 EMPL OYEES 9 DESIGNATED 1 FLOATING TOTAL 100 HOURS New Year's Day L incoln I s Birthday Washing ton ' s Birthday Memorial Day Independence Day 8/5 10/4 -Man.-Thurs. Tues.-Fri. 1983 Mon. Jul. 4 Thurs. Jun. 30 Fri. Jul. 1 Mon. Sep. 5 Mon. Sep. 5 Tues. Sep. 6 Mon. Oct. IO Mon. Oct. IO ---- Fri. Nov. 11 Fri. Nov. 11 Fri. Nov. 11 Thurs. Nov. 24 Thurs. Nov. 24 Thurs. Nov. 24 Fri. NO~. 25 ---- Fri. Nov. 25 Mon. Dec. 26 Mon. Dec. 26 Fri. Dec. 23 1984 Mon. Jan. 2 Mon. Jan. 2 Tues. Jan. 3 Mon. Feb. 13 ---- Tues. Feb. 14 Mon. Feb. 20 Mon. Feb. 20 ---- Mon. May 20 Mon. May 20 Fri. May. 25 Wed. Jul. 4 Wed. Jul. 4 Wed. Jul. 4 .- . ARTICLE 11. OVERTIME The City agrees to change the provisions of Section (d)(l) 13 of Rule X Personnel Rules to read as follows: (1) "Overtime for miscellaneous employees shall mean any time worked in excess of a normal work day. In the case of ten-hour, four-day employees, it shall be time worked in excess of ten hours per day. All eight-hour, five-day week employees, overtime shall be time worked in excess of eight hours per day. I' ARTICLE 12. STATE DISABILITY INSURANCE The City agrees to continue premium payments for state disability insurance during the term of this agreement. ARTICLE 13. COMPENSATION TIME The City agrees to extend the period during which accrued compensation time off can be used from three (3) pay periods to a period of six (6) months. ARTICLE 14. PERS CONTRIBUTION The City agrees to continue payment of 100% of the employee's normal Public Employees Retirement System Contribution (7% contribution) as provided by Government Code Sect ion 2061 5. ARTICLE 15. OUT OF CLASS CLAIMS The City agrees to continue the practice of allowing a grievance to be filed for an out-of-classification work claim. 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. 6. 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 in rules or procedures afffecting the employees in 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 parties 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. C. D. E. F. 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. Failure by CCEA to request consultation or negotiations, pursuant to Paragraph B, shall not be deemed as approval of any action taken by the City. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, 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 agent 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. 0. CCEA authorized representative shall be its President or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California, 92008; Telephone: (619) 438-5604). 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 CARL SBAD \ HIRE, City Manager Approved as to form: CARLSBAD CITY EMPLOYEES' ASSOCIATION VINCENT f. BIONDO, Jf. President City Attorney V .- ATTACHMENT A TITLE LIST -- CLASSIFIED EMPLOYEES--REPRESENTED BY CCEA CLASSIFICATION ACCOUNT CLERK I ACCOUNT CLERK I1 ACCOUNTANT ACCOUNTING TECHNICIAN AQUATIC SUPERVISOR ASSISTANT CIVIL ENGINEER ASSISTANT PLANNER ASSOCIATE CIVIL ENGINEER ASSOCIATE PLANNER AUDIO VISUAL SPECIALIST BUILDING INSPECTOR I BUILDING INSPECTOR I1 BUILDING INSPECTOR I11 BUILDING MAINTENANCE CARPENTER CLERK TYPIST I CLERK TYPIST I1 CONSTRUCTION INSPECTOR CONSTRUCTION SUPERVISOR CUSTODIAN DEPUTY CITY CLERK DEVEL OP. PROCESS. COORDINATOR ELECTRICAL OPERATIONS SUPERVISOR ENGINEERING TECHNICIAN I ENGINEERING TECHNICIAN I1 EQUIPMENT MECHANIC I EQUIPMENT MECHANIC I1 EQUIPMENT MECHANIC L EADWORKER EQUIPMENT SERVICE WORKER LIBRARIAN I LIBRARIAN I1 LIBRARIAN 111 LIBRARY ASSISTANT I LIBRARY ASSISTANT I1 *LIBRARY CLERK I *LIBRARY CLERK 11 MAINTENANCE ELECTRICIAN I MAINTENANCE ELECTRICIAN I1 MAINTENANCE WORKER I METER READER/REPAIRER I METER READER/REPAIRER I1 CLASSIFICATION METER SHOP SUPERVISOR OFF ICE SUPERVISOR PARK MAINTENANCE WORKER I1 PARK MAINTENANCE WORKER I11 PARK PLANNER PARK SUPERVISOR PERMIT CLERK PLANNING TECHNICIAN I PLANNING TECHNICIAN 11 RECEPTIONIST CASHIER RECREATION SUPERVISOR I RECREATION SUPERVISOR I1 SAN ITAT I ON SUPERVISOR SECRETARY I SECRETARY I1 SECRETARY/BOOKKEEPER SECRETARY TO CITY ATTORNEY SECRETARY TO CITY MANAGER SENIOR CONSTRUCT1 ON INSPECT OR SEWER MAINTENANCE SUPERVISOR STENO CLERK I STENO CLERK I1 STOREKEEPER STREET MAINTENANCE WORKER I I STREET MAINTENANCE WORKER I11 STREET MAINTENANCE SUPERVISOR SWEEPER OPERATOR TRANSPORTATION ENGINEER TREE TRIMMER I TREE TRIMMER I1 TREE TRIMMER LEADWORKER UTILITY MAINTENANCE WORKER I1 UTILITY MAINTENANCE WORKER I1 UTILITY SYSTEMS OPERATOR I1 I UTILITY SYSTEMS OPERATOR I11 WATER MAINTENANCE SUPERVISOR WORD PROCESSING OPERATOR I WORD PROCESSING OPERATOR I1 "Library Clerk I and I1 to be deleted when vacated by incumbents. JULY 22, 1983 TO : The Mayor and City Council FROM: Personnel Director/President CCEA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CARLSBAD CITY EMPLOYEES' ASSOCIATION Representatives of the city and the Carlsbad City Employees' Association have agreed to the content of the attached Memorandum of Understanding. Both parties are prepared to sign the memorandum once the effective date of the compen- sation adjustment is determined by the City Council. A < tersonnel Director &F-, TOM COLEMAN President, CCEA