HomeMy WebLinkAbout1976-07-06; City Council; 3705; MOU with Miscellaneous Employees AssociationJuly 6, 1976
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DEPARTiWl?T : PERSONNEL ----- 1__-
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Dept.Hd: k'
MEMORANDUM OF UNDERSTANDING WITH CARLSBAD CITY EMPLOYEES ASSOC.
Statement of the Matter:
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Representatives of the Carlsbad City Employees' Association and
the City have reached tentative agreement regarding wages and
other terms and conditions of employment for Fiscal Year 1976-77.
These terms are included in a Memorandum of Understanding herewith
submitted to the City Council for approval.
Exhibit
Resolution No. dTx2/ with Exhibit 'A'.
Recommendation
If Council concurs, Resolution No. a<+ should be adopted.
Council action
7-6-76 Resolution #3954 was adopted, accepting a Memorandum of . Understanding between representatives of Management and
' Carlsbad City Employees Associaition.
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RESOLUTION NO. 3954
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A MEMORANDUM OF UNDERSTANDING BETWEEN' REPRESENTATIVES 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 1976-77 fiscal
year; 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;
City
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
of Carlsbad 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.
3. That the City Council intends to implement said Memo-
randum by incorporating its terms into.the salary plan
for fiscal year 1976-77 and the personnel rules of the
City of Carlsbad and by other appropriate actions as
necessary in accord with its terms.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the . 6th day of July ' I
1976, by the following vote, to wit: .
AYES:, Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler
NOES : None
ABSENT: None
ATTEST:
(sealj
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R ERT C. FRAZEE, M or
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MEMORANDUM OF UNDERSTANDING
. This Memorandum of Understanding is made and entered' into this 28th day of June , 1976 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") or
"Employees") .
PREAMBLE
It is the purpose of this Memorandum of Understanding (herein-
after 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; 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.jointly to submit and recommend for City Council approval
and implementation.
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ARTICLE 1. RECOGNITION
The City of Carlsbad recognizes CCEA as the sole and exclusive
majority representative for all classifications in this Unit, as set forth in Attachment A of the Petition for Formal Recognition,
submitted on February 11, 1976, and approved on April 20, 1976, in .
accordance with the provisions of Section 2.48.090 (1) of the
Carlsbad Municipal Code.
ARTICLE 2. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be It is agreed that this jointly submitted to the City Council.
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.
E. The City Council acts to appropriate the necessary funds required to implement the provisions of this
Memorandum which require funding.
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.
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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: but in no event shall said Memorandum become effective prior to 12:Ol a.m. on July 1, 1976. This Memorandum shall expire and otherwise be fully terminated at 12:OO .
midnight on June 30, 1978.
ARTICLE 4. FU3NEGOTIATION
Scction 1.
In the event either party desires to meet and confer in good faith on the provisions of a successor Memorandum, such party
shall serve upon the other party, during the period from December 1, 1977 to February 1, 1978, its written request to commence meeting and conferring in good faith as well as its full and entire written
proposal for such successor Memorandum, with the exception of
salary proposals which shall be presented no later than March 1, 1978. Upon receipt of sucn written notice and proposals, meet and
confer shall begin no later than March 1, 1978.
Section 2.
Nothing coatained iri this Memorandum shall preclude setition
of either party with reasonable advance written notice to the other to reopen negotiations on issues of a non-economic nature, but having a direct bearing upon the employees of this unit.
Section 3.
Unless the City serves upon CCEA by March 1, 1978, full entire written proposals to amend, add to, delete or otherwise
change any of the provisions of this Memorandum, this Memorandum shall constitute City's full proposal for a successor agreement, except in the matter of salaries or other economic pravision. Upon receipt of such notice and proposals, meet and confer shall begin no later than March 1, 1978. 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.
Section 4.
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, and from year to year.thereafter
subject to reopening in the manner and on the day and month speci- fied in Section 1 of this Article.
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ARTICLE 5. NON-DISCRIMINATION
. The parties mutually recognize and agree fully -0 prbtect
the rights of all employees covered hereby to join and participate in the activities of CCEA and all other rights guaranteed by law.
coerced or discriminated against because of the exercise of these
rights.
No employees shall be interfered with, intimidated, restrained,.
The provisions of this Memorandum shall be applied equally to
all. employees covered hereby without favor or discrimination
because of race, color, sex, age, national origin, political or
religious opinions or affiliations.
The parties agree to support the Affirmative Action Program established by the City.
ARTICLE 6. RETENTION OF BENEFITS
The employees of the City of Carlsbad shall retain all present
benefits for the term of this agreement, with the exception of certain amendments proposed in Articles 7, 8, 9, 10, 11, and 12.
ARTICLE 7. COMPENSATION ADJUSTMENTS
The parties agree to recommend the City Council amend the existing City Salary Plan, as amended, adopted by City Council Resolution 3700,
July 17, 1975, to provide for a salary increase in the amount of Fifty-five Dollars ($55.00) per month for each employee subject to
the provisions of this Memorandum for the period July 1, 1976, to June 30, 1977-
The parties further agree to recommend that the City Council
amend the above salary plan change prior to June 30, 1977, to provide
for a salary increase in the amount of Fifty-five Dollars ($55.00) per month per employee subject to the provisions of tHis Memorandum for the period July 1, 1977, to June 30, 1978.
The above described amendments are to be computed, based upon
the above described and agreed to amounts, in increments applicable
to each range and step in the salary plan and providing for twenty- six (26) biweekly pay periods in each of the two (2) inclusive
fiscal years-
ARTICLE 8. HEALTH AND MEDICAL INSURANCE
City agrees to amend the present Health and Medical Insurance Policy coverage for employees subject to the provisions of this
Memorandum as follows:
-Major medical room and board insured costs from $80.00 per day- to $105.00 per day;
-RVS for surgeon fees from insured costs of $10.00 per unit
to $14.00 per unit; -RVS for anesthesia fees from insured costs of $10.0,0 per
unit to $17.00 per unit. -Out-patient psychiatric care from 50% of present insured
costs of $40.00 per treatment to 50% of insured costs of
$60.00 per treatment;
-Intensive care fees from $144.00 per day to $262.50 per day;
such increases to be maintained by the City with its present carrier,
Crown Life, Inc. of Canada, or any other insurer the City may contract with during the term of this Memorandum.
ARTICLE 9. LONGEVITY COMPENSATION
The parties agree to recommend that the City Council amend the
existing Salary Plan to provide for the addition of two Salary Steps to the Salary Plan. These shall be Step L1 and L2.
Salary Step L1 shall apply to any range in the Salary Plan
to provide for a five percent (5%) increase of base salary for those employees subject to the provisions of this Memorandum who, on or
after July 1, 1976, have attained five (5) continuous years of
service in the City of Carlsbad at the 'E' Step of the same salary range in the Salary Plan. Employees who have accrued all or part
of five (5) years of continuous service at the 'E' Step of the
same salary range prior to July 1, 1976, may credit this service
toward the service requirement for movement to Salary Step L1. In
any case where an employee is promoted and moves from the employee's
existing class to another class, allocated to a higher range of compensation, the employee shall be advanced to the lowest step in such higher range which will provide a five percent (5%) salary
increase.
Salary Step L2 shall apply to any range in the Salary Plan to
provide for a two and one-half percent (2-1/2%) increase of basic salary for those employees subject to the provisions Qf this
Memorandum who, on or after July 1, 1976, have attained ten (10)
continuous years of service in the City of Carlsbad at the 'E' Step of the same salary range in the Salary Plan. Eligibility for
Salary Step L2 is contingent upon the employee being recommended
for such salary step by the employee's department head and such recommendation being approved by the City Manager.
Failure of the department head to recommend and of the City
Manager to approve shall not constitute grounds for submission of a
grievance or an appeal to the Personnel Board. Employees who have accrued all or part of ten (10) years of continuous service at
the 'E' Step of the same salary range, prior to July l,, 1976, may credit this service toward the service requirement for movement
to Salary Step L2. In any case where an employee is promoted and
moves from the employee's existing class to another class allocated
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to a higher range of compensation, the employee shall be advanced to the lowest step in such higher range which will provide a five
percent (5%) salary increase.
In consideration of the institution of Salary Step Ll and L2
the parties agree to recommend to the City Council that the Educational Incentive Program, established by the Memorandum of
Understanding between the City and CCEA on June 9, 1972, shall be
null and void as of July 1, 1976. On that date and thereafter no
employee subject to the provisions of this Memorandum shall request,
nor receive, any incentive salary payments as a result of any type of educational credit attainment, regardless of when such credits
were attained. As of June 30, 1976, any and all educational incen- tive salary supplements currently being provided to employees
subject to the provisions of this Memorandum shall cease. Those employees currently receiving Educational Incentive Program supple-
ments shall revert to the base salary amount determined by their
Salary Range and Step.
ARTICLE 10. DISPOSITION OF ACCUMULATED SICK LEAVE
Parties agree to recommend to the City Council that as of
June 30, 1976, Section 8, Rule XI, Resignations, City of Carlsbad
Personnel Rules and Regulations, quoted below, be rescinded.
"An employee, who terminates in qood standing after ten (10) years of continuous City services or by
death, shall be paid one-fourth (1/4) of his accum-
ulated unused sick leave. An employee, after fifteen,
(15) years of continuous City service, upon termina- tion or retirement in good standing or by death, shall
be paid one-half (1/2) of his accumlated unused sick
leave. Payment for unused sick leave shall be com- puted on the highest average monthly base salary during
any period of three consecutive years during employment
with the City."
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In consideration of the above agreement parties recommend to
the City Council that the City pay each employee, subject to the
provisions of this Memorandum, who as of June 30, 1976, meets the service requirements as stated in Section 8, Rule XI, quoted above,
a cash settlement for accrued sick leave greater than the amount of
two hundred forty (240) hours; eligibility for such cash settlement to be based upon approval of both parties of a list of eligible employees provided by-the City, showing by name the eligible employees and their'accrued sick leave, total accrued sick leave
stated in hours and their hourly rate of pay as of June 30, 1976, exclusive of any-Educational Incentive Program salary supplement. Such list to be distributed to the members of CCEA by the City for possible challenge or amendment within five working days. If after
five working days no challenges are received and/or all amendments are completed the list shall be considered correct by both parties and agreement. indicated by recording signatures of the authorized agents of both parties to said list. Payment shall be further contingent
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.upon receipt of a igned and dated request i )m each eligible
employee, stating the total number of accrued sick leave hours greater
than two hundred forty (240) hours of accrued sick leave that the
eligible employee desires to be compensated for. Such requests to be received not later than July31,1976, by the Personnel Director,
City of Carlsbad, and to contain a statement of understanding that
any portion of accrued sick leave greater than two hundzed forty (240) burs for which cash settlement is not requested will continue as an accrual but for which cash settlement may not be requested
after July318 1976. a lump sum or in installments with the manner and time of such pay-
ments to be determined by the City Manager, but in no case will payment be completed later than July 1, 1979.
Payments of cash settlements shall be made in
Parties further agree to recommend to the City Council that
on or after July 1, 1976, the City proceed in a timely manner to
amend its existing contract with the Public Employees' Retirement
System of the State of California. The purpose and intent of the
contract amendments will be to provide for changes in the manner in
which employees subject to the provisions of this Memorandum
are compensated for accrued sick leave. Specifically, the amend- ments will authorize the crediting of all accrued sick leave at,the
time of retirement from City service as service time counting toward total retirement service. Accrued sick leave will be converted
to retirement service credits at a ratio of each twenty-five (25) days of accrued sick leave being equal to one (1) month of retire- ment service.
ARTICLE 11. HOLIDAY CHANGE
ParfiFes agree to recommend to the City Council that the
following holidays and no others be designated as paid holidays
for all employees of the City of Carlsbad subject to the provisions
of this Memorandum.
July 5, 1976, Monday, Independence Day September 6, 1976, Monday, Labor Day
October 11,-1976, Monday, Columbus Day
November 11, 1976, Thursday, Veterans Day
November 25, 1976, Thursday, Thanksgiving Day
November 26, 1976, Friday, Thanksgiving Fr'iday
December 24, 1976, Friday, Christmas Day
December 31, 1976, Friday, New Years Day
February 11, 1977, Friday, Lincolns Birthday February 21, 1977, Monday, Washingtons Birthday
May 30, 1977, Monday, Memorial Day
July 4, 1977, Monday, Independence Day
September 5, 1977, Monday, Labor Day
October 10, 1977, Monday, Columbus Day
November 11, 1977, Friday, Veterans Day
November 24, 1977, Thursday, Thanksgiving Day
November 25, 1977, Friday, Thanksgiving Fri'day
December 26, 1977, Monday, Christmas Day
January 2, 1978, Monday, New Years Day
February 13, 1978, Monday, Monday, Lincolns Birthday
February 20, 1978, Monday, Washingtons Birthday
May 29, 1978, Monday, Memorial Day
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Parties further agree to recommend to the City Council that
four-day-work-week employees required to work the first two Fridays of each January be excused from working the second of
these two Fridays in each January.
Parties also agree that in any instance during the duration of this Memorandum wherein federal, state or other'governmental
bodies reschedule the holidays enumerated above, the above holidays
may'be rescheduled to comply with mandated changes.
ARTICLE 12. TUITION ASSISTANCE
Parties agree to form joint committee to be known as the Joint
Tuition Assistance Advisory Committee, consisting of five (5)
members. The chairman and one (1) member will de designated by the City Manager and three (3) members will be designated by CCEA.
This joint committee shall convene for the purpose of developing rules for a Tuition Assistance Program which shall apply to employees subject to the provisions of this Memorandum; such rules to establish fiscal year maximums, stated in dollars, which an individual
employee may claim as reimbursement for educational tuition costs;
such rules to further establish the maximum number of credit hours
per semester or quarter which an individual employee may enroll for and request reimbursement for educational tuition costs. These rules shall be forwarded to the City Manager for approval not later than August 1, 1976. If the City Manager fails to zpprove
the recommended rules they shall be returned to the joint committee
for reconsideration and returned to the City Manager for reconsider-
ation of approval not later than September 1, 1976. If upon resubmission the City Manager does not approve the recommended rules the Tuition Assistance Program review provision of this Memoran-
dum shall be null and void and the program shall continue as it
did prior to the execution of this Memorandum.
If rules recommended by the joint committee are accepted
and approved by the City Manager the parties agree to recommend
to the City Council that all previous terms and condithons for
educational tuition reimbursement contained in memoranda of understanding, ordinances or resolutions be declared null and void
as of a date established by the City Council; such voided rules to be replaced by those submitted by the joint committee, approved
by the City Manager and adopted by City Council resolution.
ARTICLE 13. OBLIGATION TO SUPPORT
The parties agree that subsequent to the execution of this Memorandum of Understanding and during the period of time said Memorandum is pending before the City Council for action, neither CCEA nor the City, nor their authorized representatives,. will appear before the City Council or meet with members of the City Council individually to advocate any amendment, addition or deletion to the terms and conditions of this Memorandum of Understanding.
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It is further understood that this Article shall not preclude the
parties from appearing before the City Council nor meeting with individual members of the City Council to advocate or urge
the adoption and approval of this Memorandum of Understanding in its entirety.
ARTICLE 14. FULL UNDERSTANDING, MODIFICATION, WAIVER
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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 in rules'or procedures affecting the
employees in the unit. Where the City finds it necessary to make such change it shall notify CCEA indicating the proposed change
prior to its implementation. If CCEA wishes to consult or negotiate
with the City regarding the matter, CCEA shall notify the City within five 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.
Where the City makes such changes because of the require- ments 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
necessary 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" is defined as an unforeseen circumstance
requiring immediate implementation of the change.
Where the City makes any such change for reasons other than the requirements of law or an emergency, where such change would
significantly affect the working conditions of a significantly
large number of employees in the unit, where the subject matter of the change is subject to negotiations pursuant to the Employer-
Employee Relations Ordinance, and where CCEA within the time limits provided requests to negotiate with the City, the parties shall
expeditiously undertake negotiations regarding the effect the change would have on the wages, hours, and other terms and conditions of
employment of the employees in the unit. If the Farties are in disagreement as to whether any proposed change is within the scope
of negotiations, such disagreement may be submitted as a0 impasse to the City council for resolution, In the event negotiations on
the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the City Council
C.
D.
E.
F.
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 unquali- .
fiedly waives its right, and agrees that the other shall
not be required, to negotiate with respect to any subject
or matter covered herein or 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
Memorandm of Understanding by either party shall not
constitute a precedent in the future enforcement of all its
terms and provisions.
ARTICLE 15. 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: (714) 729-1181), except ighere a particular City representa-
tive is specifically designated in connection with the
performance of a specific function or obligation set forth
herein.
B. CCEA's principal authorized agent shall be its President
or a duly authorized representative (Address: 1200 Elm
Avenue, Carlsbad, California, 92008; Telephone: (714)
729-1181).
ARTICLE 16. PROVISIONS OF LAW
It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and skate
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Laws, federal and state regulations. If any part or provision
of this Memorandum of Understanding is in c.onflict 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 remain-
der of this Memorandum of Understanding shall not be affected thereby.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Under- standing the day, month and year first above writtec.
CARLSBAD CITY EP~PLOYEES ASSOCIATION ,7 m w% F. LL&-
RAY F. BROOKHART, President
- w: City Attorney