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HomeMy WebLinkAbout1978-11-29; City Council; 5686; Meet and Confer ImpasseCITY OF CARLSBAD .L -. 2' %NDA BILL NO. % DATZ: November 29, 1978 DEPARTMENT: Personnel Ini tia 1 :k2 Dept . Hd . c. my.%- C. Mgr. 4T Subject: MEET AND CONFER IMPASSE Statement of the Matter Representatives of the City and the Carlsbad City Employees' Association have been meeting and conferring since April 5, 1978. To date twenty-six sessions have been held. The parties have not concluded an agreement and remain widely separated on many issues. Because of the failure to reach agreement City representatives on November 13, 1978 requested an impasse meeting under the provisions of Section 2.48.130 of the Carlsbad Municipal Code. On November 20, 1978 the City Manager acting under the authority of Section 2.48.120 of the Carlsbad Municipal Code, conducted an impasse meeting with representatives of both parties. The results of the impasse meeting were that an impasse had been reached and that the parties did not agree as to a method to resolve the.'impasse. Accordingly, under the provisions of the Municipal Code the matter of impasse resolution is now referred to the City Council. Copies of the City's last proposal dated October 26, 197&; Carlsbad Employees' Association letter dated November 20, 1978 and their last proposal dated are attached for information. Exhibit (1) City Proposed Memorandum of -Understanding dated October 26, 1978. (2) Carlsbad City Employees' Association proposal dated November 13, 1978. (3) Carlsbad City Employees' Association memorandum dated November 20, 1978. Council action: 12-5-78 Council designated themselves as'the decision-making body on this matter. Council directed staff to return with the necessary documents at the meeting of December 6, 1978, to be drafted in accordance of the Memorandum of Understanding offered to CCEA on the 26th'day of October, 1978. 12-6-78 Council adopted Resolution No. 5635, authorizing and directing . certain salary compensation, nonsalary compensation and adminis- strative changes affecting. the Miscellaneous employees. - - .. . . .... Exhibit .1. .. MEMOMNDUM OF UNDERSTANDING - This Memorandum of Understanding is made and entered into this 26th day of October, 1978, 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 affiliated with AFSCME Local 978 (hereinafter referred to as "Employees") . It is the purpose of this Memorandum of TJnderstanding (hereinaf tsr referred to as "Memorandum") to promote and provide for harrronious relations, cooperation and understanding between the City Xmagement 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 Xemorandum; and to set forth the agreement of the parties reachcc! as a result of good faith negotiations regard- ing wages, hours arid other terms and conditions Gf employment of the employees covered under this Memorandum, which agreement the parties intend jointly to submit and recornmend to the City Council for its determination (. ARTICLE 1. RECOGNITION The City of Carlsbad recognizes CCEA affiliatec? with AFSCI4E Local 978 as represenkative for all classificatians in this Unit, as set fcrth in Attachment A. ARTICLE 2. 1MPLE.FIIENTATION This Memorandum consti-tutes a. rnuttlal recommendation to be jointly submitted to the City Couricil subsequent to the ratification of thc Memorandum by the membership of CCEA/AFSCPIE Local 978. It is agreed that this Men?orandum 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 B. The City Councj.1 acts to appropriate the necessary funds required -. t, adopt said Mem~randum, or to implcment the provisions of this Nenorandum which require, 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 Mentorandun. ARTICLE 3. TERM -- The term of this Memorandun 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 Elemorandum become effcctive prior to 12:Ol a.m. on October 27, 3.978. This ?Iemorandum shall expire and otherwise be fully terminated at 12:OO midnight on June 30, 1979. . .- . I. .,CL ART'ICLE 4. RENEGOTIATION Section 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 D'ecember 1, 1978 to February 1, 1979, 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 March 1, 1979. Section 2. Unless the City serves upon the employees by March 1, 1979, 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. proposals, meet and confer shall begin no later than March 1, 1979. Notwithstanding the above, if federal or state governments take action that has direct effect uponGareas which fall within meet and confer, the City may submit proposals concerning these areas at later dates. Section 3. Upon receipt of such notice and If neither part requests a reopening for the purpose of renegotiation, all conditions of this Mernoraridum 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, 1979. 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 Mermrandun. ARTICLE 6. COMPYNSATION ADJUSTMEVTS \ The parties agree to recommend the City Council amend the existing City .Salary Plan, as amended, adopted by City Council Resolution No. 5169, to provide salary increases in the amounts of Three Percent (3%) effective October li 1978 arid four Percent (4%) effective January 1, --- '1979. \ i The above described anendments 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. ARTICLE 7. HEALTH AND MEDICAL INSURAWCE The parties agree to amend its present method of providing for payment of Health and Mcdj.ca1 Insurance coverage for employees. Such amendment to include that City pay a sum up to Forty Dollars ($40.00) per month toward health and medical insurance coverage of each employee with the provision that the amount remaining above and beyond the cost of individ- ual employee premium be applied to defraying the cost of dependent health and medical care insurance prcrnium. Such payment modification shall take effect January 1, 1979. - .* t : .ARTICLE 8. HOLIDAYS A. The City agrees that four day work week employees will observe the followiny holiday schedule for Fiscal Year 1978-1979. Employees working Monday through Thursday. July 4 September 4 October 9 November 23 December 25 January 1 February 12 February 19 May 28 Tuesday Monday Monday Thursday Monday Monday Monday Monday Monday Independence Day, Labor Day. Columbus Day Thanksgiving Day Christmas New Year's Day Lincoln's Eirthday Washington's Birthday Memorial Day .. Employees working Tuesday through Friday. July 4 September 5 October 10 November 10 November 2 3 November 24 February 13 February 20 May 29 Tuesday Tuesday Tuesday Friday Thursday Friday Tuesday Tuesday Tuesday Independence Day Labor Day Columbus Day Veteran I s Day Thanksgiving Day Thanksgiving Friday Lincoln's Birthday Washington's Birthday Memorial Day B. The City agrees that all other five day work week employees will observe the following holiday schedule for Fiscal Year 1978-1979 .* July 4 September 4 October 9 November 10 .November 2 3 November 24 December 25 January 1 February 12 February 19 May 28 Tuesday Monday Monday Friday Thursday Friday Monday Monday Monday . Monday Monday 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 ARTICLE 9. OVERTIME AND COMPENSATION TIME OFF Any probationary or perm-anent miscellaneous city employee in the ' . classified service who is ordered, because of emergency or in the . interest of the efficiency of his department, to render overtime service . beyond the normal work week delineated for his classification, shall . be granted compensation in pay for such overtime at the rate of one and one half times the employee's regular hourly rate. -4- 1 Any probationary or permanent miscellaneous city employee in the classifieci service may request compensation for overtime worked in time off from work at a rate of one and one half the overtime hours worked. The.approva1 or disapproval of the request rests with the City. If the accrual of compensating time off is approved, such accrued compensating time off shall be taken not later than the end of the third complete pay period following such accrual. In no case shall an employee accruemre than fifty (50) total hours of compensating time off, nor shall the use of such compensating time off be extended beyond the end of the third complete pay period following the accrual. , ARTICLE 10. WORK CLOTHIlJG - The City agrees to change the color of work clothing provided by the City to include bright orange shirts and brown trousers for utilities, maintenance employees. The City agrees to retain the present colors of work clothing provided by the City of green shirts and green trousers for park maintenance employees. The City further agrees, to permit as of January 1, 1979, such employees in the following classifications to purchase safety shoes required for employment by the City and to be reinbursed at a rate not to exceed $40.00 per pair for a period of not less than six (6) months. Such safety shoes are to compare to the style,.eonstruction and materials of the following models as identified in the Knapp Safety Shoes Fall and K413. 'Winter 1977 Catalog: K89, K61, K411, K416, K433, K73, K46, K51, and Employees in other classifications who are not probationary or permanent employees of the City and are engaged in work requiring foot protec- tion for safety purposes shall be provided safety shoes by the City, the requirement for such shoes to be determined by the City. Utilities Maintenance Classifications Construction Maintenanceman Equipment Maint. Foreman Equipment Mechanic Equipment Mechanic Helper Garage Attendant Heavy Equipment Operator Ma in te nanceman Meter Shop Foreman Motor Sweeper Operator . Property Maint. Foreman .Custodian Parks Mai.ntcnance Classifications Park Caretaker Park Foreman Park Landscape Technician Park Maint. Leadman Tree Tr.inuuer Leadman Public Works Foreman Public Works Leadman Public Works Sanitation Senior Maintenanceman Senior Water Serviceman Water Maint. Foreman Water Pump Foreman Water Pump Operator Water Serviceman Insp. Water System Mech. Maintenanceman Va r i. ou s Classifications 7- -- Building Inspector a Construction Inspector Engineering Aide Senior Engincering Aide c .I -5- .. The City further requires that once personal purchase of safety shoes beyins, but not later than January 1,1979, every employee in the above classifications who fails to report for work wearing safety shoes be placed on leave without pay for the period of that workday. Any employee who fails to report for work wearing safety shoes for any combination of workdays totaling five days.in one fiscal year, to be liable for disciplinary action up to and including dismissal. ARTICLE 11. REDUCTION IN FORCE PROCEDURES Parties agree that the following prodedures will apply to all probationary and permanent miscellaneous city employees in the event of a reduction in the City work force. A. B. C. D. E. --- Definiti.ons: 1. City Service Seniority shall be determined as the period of The following definitions apply to these procedures: total continuous service with the city as measured from the date of original appointment. 2. Classification Seniority shall be determined as the period of total continuous service of an employee in the present classi- fication as measured from the date of appointment to that classification. Reduction in Force--Demotion: Whenever there is a reduction in work force the' City shall first demote to a vacancy, if any, in a classification, which the employee with the greatest length of continuous city service has previously served and is determined to be currently qualified. An employee may refuse to accept a demotion and accept layoff without jeopardizing reemployment rights otherwise provided for in this procedure. - Reduction in Force--Layoff: work force, the City shall secondly layoff employees within a classification according to continuous service seniority. Employees with the least continuous city service shall be laid<off first. - Notification: requiring layoff the City shall send written notice to the last known address of each employee affected by a layoff. The notice shall include the- (a) reason for layoff, (b) classes to which the employee may demote within the City, if any, (c) effective date of the action, (d) conditions governing retention on and reinstatement from reemployment lists, and (e) rules regarding waiver of reinstatement and voluntary withdrawal from the reemployment list. Whenever there is a reductior, in the Whenever there is a reduction in the work force Determining Length of Seniority: In determining continuous City service seniority, all uninterrupted employment from the original date of hire, including periods of authorized leaves of absence and including all geriods of time served as a limited term or CETA employee, shall be counted as continuous city service seniority. ------I---- - F, Order of Reduction in Force: In a reduction in force the following order 0.f i-axfyshall be followed: (a) part time, temporary and provisional- employees in the affected classification sekies :- (b) limited term employees in reverse order of their seniority in the affected class series; (c) city probationary employees in reverse order of their classification seniority.in the affected class series: (a) should there be need for further reduction, regular employees in the affected classification series shall be given the opportunity to accept or refuse demotion as previously described in section B. in reverse order of their classification seniority; (e) should a reduction in force still be necessary, regular employees shall be laid off in reverse order of their classification seniority. G. Determining Order of Layoff and Demotion for Employees with Identical Seniority: Shouid two or more employees have identical seniority, the order of layoff and demotion will be determined by alphabetical order of the employees' surnames. H. Transfer: All effort will be made by the City to transfer any employee who is to be affected by a reduction in force to another ~ vacant position for which such employee may qualify. I. Order and Method of Demotion Pursuant to a Reduction in Force-- Bumping: When required due to a reductionin force, employees shall be demoted in the following manner: 1. Employees who are demoted, who have held permanent status in a lower classification shall have the right to bump employees of lesser seniority in that lower classification. 2. Employees who have not actually held status in a lower classifi- position held by a city probationary employee in such lower class, but may not bump regular city employees already in that lower classification. % cation shall be allowed to demote to a vacant position or to a J. Reinstatement of Employees Demoted as a Result of a Reduction in Work Force: Employees who are demoted as a result of a reduction in forceshall have their names placed on a reinstatement list, in the order of their seniority. has served within a classification series shall first be offered to Vacant positions in which an employee . . employees on this list. K. Reemployment of Employees Laid Off as a Result of a Reduction in Force: Employees who are laid off and who held permanent city status at the time of layoff shall have their names placed on a reemployment list for classifications at the same or lower salary range for which they qualify in the order of their classification seniority. Vacant positions in such classifications will be offered to eligibles on the reemployment list who qualify for such vacancies prior to an open or promotional recruitment. L. Duration - of Reinstatement and Reemployment Lists: The egilibility of individuals on the reinstatement and rccmployrnent lists shall extend for a period of two years from the date of demotion or layoff. Eligibles not responding to written notification of an opening after ten working days shall have their names removed from either the rcemploymcnt or reinstatement list. .. L.. ,. -7- M. Restoration of Benefits Upon Reemployment Following a Reduction in Force: Upon reemployment following a reduction in force, an individual will have the following benefits restored: 1. Prior sick leave accruals. 2. Seniority at time of layoff for purposes of determining merit increases, vacation accruals and future reduction in force. 3. The salary paid to an employee who is reemployed shall be equivalent to the salary range and step of the employee at the time of layoff as reflected in the current effective salxy plan at the time of reemployment. If the employee chooses to be reemployed in a classification which has a salary range lower than the classification from which he was laid off, then salary placement will be in the range at the "E" step as reflected in the current effective salary plan at the time of reemployment. N. Payoff of Accruals Upon Layoff: Laid off employees are to be paid for all accrued holiday, vacation, compensation time and overtime when separated as a result of a layoff, such employee will remain on the books and will be reinstated if they are reappointed. 0. Retirement Contribution: The disposition of the retirement contribu- tions of a laid off employee shall be governed by the provisions of the State of California Public Employees' Retirement Law as contained - in the Government Code. The sick leave accruals of ARTICLE 12. REST PERIODS Each employee shall be granted a fifteen (15) xinute break during the first and second half of the employees' scheduled work day. Such tine is not cumulative beyond the half scheduled work day within which ' the break period occurs. ARTICLE 13. 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 matter 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 affectinq 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 ., . . ..I ,. -8- 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 comsliance 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 practYcable, Such emergency changes 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 parties are in disagreement as to whether any proposed change is within the scope of negotiations, such disagreement may be submitted as an impasse to the City Council for resolution. In the event negotiations on the proposed chanqe are undertaken, any impasse which arises may be C. D. E. F. -- submitted as an impasse to the-City Council. Failure by CCEA to request consultation or negotiatj.ons, 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 under- stood 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 subject or matter covered herein or with respect to any other matter 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. 1 ,~, .._, .. ._", , . I. ...- .-- I 'AqYICLE 14. . AUTHORT"?FD 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 Hanager, or a duly authorized representative {Address: 1200 Elm Avenue, Carlsbad, California 92008; Telephone: (714) 729-1181), except where a particular City representative is specifically designated in connection with the performance of a specific function or obligation set forth herein. representative shall be its Business Representative (Address: 2266 San Diego Avenue, San Diego, California, 92110; Telephone: (714) 298-4390), or its President or a duly authorized representa- tive (Address: 1200 Elm Avenue, Carlsbad, California, 92008; Telephone: (714) 729-7933) . B. CCEA affiliated with AFSCME Local 978 principal authorized ARTICLE 15, PROVISIONS OF LAF7 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. 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 If any part or provisions of - thereby. ... INWITNESS \HEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month, and year first above written. CITY OF CARLSBAD Approve- as ,o Form: .... .. PAUL D. BUSSEY', City Manager * CARLSBAD CITY EXPWS' ASSOCIATION JOSEPH SKYMBA, President VINCENT F. BIONDO, JR. City Attorney .... United States Department of Commerce Bureau of Census Report Publication No. GF 76 Governmental Finances in 1975-1976 8 #5 Exhibit 2. \ Salaries and No benefits of local governments. California $l2,Olg,OOO salaries.. $21,806,000 expenditures or 55.1% U.S.A. $83,610,000 salaries. $181,802,000 expenditures or 46"/,. AFSCME adds 30% of salary for benef i ts. - L\bt'" $l2,Olg,OOO 30% is 3,605,700 I' 3,605,700 15,624,700 71.6% for California 83,610,000 3W0 is $25,083,000 25,083,000 108,693,000 59.7% ' Mr. Howard Hal lman From the Center for Governmental Studies of the Center for Communi ty Change Citizen Involvement in Local Budget Process - Estimates 65% to 75% of cities operating budget is personnel costs, i.e., salaries, fringes, pensions. I I. \. , B . * 'a 41 \. -7 .=# -5 rie American Fede and MUNICIPAL EMPLOYEES, AFL-CIO ':h $i % Please Reply To: November 13, 1978 0 0 0 L Headquarters: 3932 Wilshire Blvd., Suite 108 Los Angeles, Calif. 90010 (213) 3867941 SUbOfnces: Orange County 13137 Brookhurst Blvd. Garden Grove, Calif. 92644 (714) 534-5830 San Bernardino: 1600 N. I'D" St. San Bernardino, Calif. 92405. (714) W8878 San Diego: 2266 San Diego Ave. San Diego, Calif. 921 10 (714) 2984390 v C i ty of Car 1 sbad 1200 Elm Carlsbad, Ca. 92008 On September 15, 1978, the City said $1,576,105 was an/ estimate of Fiscal 77-78 salaries for 125 positions. $1,576,105 4 125 c 2080 = $6.06 per hour. CCEA/AFSCME has audited a 78-79 City budget and estimates 139 positions and annual salaries of $1,769,300. The difference is $120.00 for the total amounts. On November.9, 1978, the City said 2,438,063 has already been budgeted for salaries and benefits for Fiscal 78-79. $6.06 average per hour $1,769,300 + 289,120 + 56,378 $2,114,798 198,9 18 127,945 18,822 39,826 1,692 135,480 139,556 51,207 $2,828,244 1.00 x 139 x 2080 (172.00 per month) 7.06 x 21~ x 139 x 1040 (Cola 3% 1-79)- Tota 1 2,114,798 x 9.406" (PERS City) 2,114,798 x 6.05% (FICA City) 2,114,798 x .89% (D.I. City) 286.52 x 139 (H.I. City) 2,114,798 x 08% t;(V. 1. City) Health' and medical improvements (81.22 x 139) 2,114,798 x 7% - 61.00 x 139 (50% PERS employee) Eyecare and dental (employees & dependents) Tota 1 $2,828,244 -2,438,063 $ 390,181 On September 15, 1978, the City had $3,885,776 of unobligated funds. We calculate a transfer of 10.04% of the unobligated funds to the already budgeted amount would accommodate our proposal and the City's cost for PERS, FICA, D.I., H.1. and U.I. July 1972 to July 1978 + 160% City Income + 1 02% City surplus +28 1% City Manager Budget +58.100/, Cost of living +34.65% Employee salaries -23.45% Employee salaries lost to inflation. .* - City of Carlsbad . . November 13, 1978 -$;;. ' * u1 - Page Two The City -has received $331 , 174 of P.W.E.A. money from the Federal Government - and not shown it in the 77-78 or 78-79 budgets. A study published in the Blade Tribune, February 2, 1978, revdeed that the City of Carlsbad compared to 20 other simi,larly sized cities: * ' +125% Income per person +300"/0 Property tax per person +171% Current services revenue +143% Investment earnings +125% Licenses and permits + 70%. + 127% Revenues Revenue from other agencies li Figures from the Blade Tribune published June 9, 1978: $156,629,855 June 1977 City Valuation $196,697,879 June 1978 City Valuation +25.5% $1,402,601 June 1977 Sales Tax $1,800,000 June 1978 Sales Tax +28.5% Fiscal 78-79 +30% Sales Tax Revenue +Zoo/, A 1 1 potent i a 1 revenues $12,103,627 78-79 City Budget 2,828,244 78-179 CCEA/AFSCME Proposal 23.3% Based upon the available resources to the City and the size of the City's unobligated fund balance CCEA/AFSCME concludes that our proposals to the City are reasonable and demonstrate our good faith toward arriving at a total . aq reernen t . I Business Representatibe/ ' CCEA/AFSCME Local 978 Council 36, AFSCME . I:b opeiu139 afl-cio . .. Exhibit 3. i 5. The I To : Munic'pal Employee Relations Officer From: CCEA/AFSCME Local 978 Subject: Fiscal 1978-1979 Negotiations On November 13, 1978 the City declared impasse. On November 14, 1978, the City listed nine (9) issues as being in dispute. The City claims we had twenty four (24) meetings. CCEA/AFSCME believes that true 'impasse' has not been reached. CCEA/AFSCME believes that a dispute exists on fourteen (14) issues. We claim twenty six (26) meetings have occurred. Agreement has been reached on the following: 5 1. 2. 3. 4. 5. 6. 7- 8. Memorandum of Understanding Preamble Recognition imp1 mentation Term (minus effective date) Renegot i a t ion Retention of Benefits Ho 1 i days 9. Overtime and compensation time off 10. Work Clothing 11. Reduction in force procedures (minus "others' 12. Rest periods 13. Full understanding, modification, waiver 14. Authorized agents 15. Provisions of law .. No a'greement has been reached on the following: 1. Compensation adjustments 2. Health and medical insurance (premium paid by City) 3. Effective date (term) 4. "Others" (reduction in force) . 5. Health and medical insurance (benefits) 6. Ret i rement Fund 7. Vacation Benefits 8. Officers, representatives, stewards 9. Bulletin boards 10. Payroll deductions 11. Bilingual bonus for employees 12. Leaves of absence 13. Disciplinary action by management 14. Grievance procedure The City has presented no written proposals on the following: 1. 2. ,. 1. 2. 3. . 4. 5. 6. 7. ' 9. a. Health and medica1 insurance 6. Payro 1 1 deductions Retirement fund 8. Leaves of absence Vacation benef i ts 9. Disciplinary action by management Officers, representatives, stewards 10. Grievance procedure Bulletin boards . (benefits) 7. Bilingual bonus for employees I parties have met under "meet and confer'' conditions on the following dates: April 5, 1978 April 11, 1978 April 18, 1978 May 2, 1978 May 11, I978 May 19, 1978 May 25, 1978 June 8, 1978 June 12, 1978 10. 11. 12. 13. 14. 15. 16. 17. 18. June 19, 1978 June 26, 1978 July 6, 1978' July 7, 1978 July 17, 1978 August 17, 1978 August 28, 1978 Augos t 31, 1978 September 5, 1978 19. 20. . 21. 22. 25. 26. 2: Sept. 7, 1978 Sept, 18, 1978 Sept. 21, 1978 October 4, 1978 October 12, 1978 October 26, 1978 November 1, 1978 November 13, 1978 a* ,) '. . ' . ' hun it i pal Employee Re1 aGhs Off icer Novgmber 20, ,1978 , Page-Two a. 'Proposals were exchanged as follows: CCEA/AFSCM E 3-29/4-5-78 5-25-78 .. 6- 19- 78 .. .. 8- 28- 78 8-31-78 9-5-78 -9- 18-78 .city -. 11-01-78 (Moot % Mistake) 11-13-78 5-19-78 6-8-78 7-6-78 (Moot Prop 13) 7-17-78 (Moot Prop 13) 9-5-78 9- 7- 78 1 O-26- 78 In arriving at our determination that true 'impasse' has not been reached CCEA/ AFSCME has reviewed the following law and case decisions: Meyers-Milias-Brown Act Overall purpose of 3500 et seq. requiring governing bodie s of public agencies to meet and confer in good faith regarding conditions of employment with representatives of recognized employee organization, was to establish a procedure for representing employees who were without the traditional means I. of enforcing their demands by collective bargaining and striking, thus providinq an alternative which would discouraqe strikes and yet serve the public employees' interest. Service Emp.lntern.Union v. Roseville Communi ty Hosp. (1972) 24 CA 3d 400. . Section 3505 "MEET AND CONFER IN GOOD FAITH'' means that a public agen.cy, or such representatives as it may designate, and representatives of recognized employee organizations, shall have the mutual obligation Lpersonally to meet and confer promptly upon request by either party and continue for a reasonable period of time in order to exchange freely information, opinions and proposals, and to endeavor to reach. agreement on matters within the scope of representation prior to the adoption by the public agency of its final budget for the ensuing year. The process should include adequate time for the resolution *of impasses where specific procedures for such resolution are .. contained in local rule, regulation or ordinance, or when such procedures are utilized by mutual consent. (Emphasis Added) .i.. *ft&iclpal Employee RelatI-ons Officer November 20, I978 Page, Three .Firefighters Union, Local 1186 etc. v. City of Val lejo S.F. 23098 / Supreme Court of Cal if. October 2, 1974 -. "Wages, hours and other terms and conditions of employmentll in the MMBA was taken directly from the NLRA." Blln the past we have frequently referred to such federal precedent in interpreting parallel language in State Labor Legislation". "We therefore conclude that the bargaining requirements of the NLRA and cases interpreting them may properly be referred to for such enlightenment as they may render in our interpretation of the scope of bargaining . . . . . II Placentia Firefighters V. City of Placentia 57 C.A. 3 d 9 CAL. RPTR "in general, good faith is a-subjective attitude and requires a genuine desire to reach agreement'' NLRB vs. MacMillan Ring-Free Oil Co. 394 F 20 26 NLRB vs. Mrs. Fay's Pies .. 341 F 20 489 "The parties must make a serious attempt to resolve differences and reach a common around" "The effort required is inconsistent with a predetermined resolve not to budge from an initial position1' Labor Board vs. Truitt Mfg. Co. 351 U.S. 149, 154 "The court in N.L.R.B. v. Herman Sausaqe &., 275 F. 2d 229, 231-232, elaborates on the interplay between 'good faith' and genuine firmness: I' (T) he employer may have ei ther good or bad reasons, or no reason at all, for insistence on the inclusion or exclusion of a proposed contract term. if the insistence i,s genuinely and sincerely held, if it is not mere window dressing, it may be maintained forever though it produce a stalemate . . . . "'The obligation of the employer to bargain in good faith does not require the yielding of positions fairly maintained . . . . On the other hand while the employer is assured these valuable . rights, he may not use them as a cloak. In approaching it from this vant'age, one must recognize as well that bad faith is prohibited though done with sophistication and finesse. Consequently, to sit at a bargaining table, or to sit almost forever, or to make concessions here and there, could be the very means by which to conceal a purposeful strategy to make bargaining futile or fail. Hence, we have said in more colorful language it takes more than Dere 11511rfacc bnrqainipq'l or "Shadow boxinq to a draw," or 'Iqivinq the Union a runaround while purporting to be meeting with the Union for purpose of collcctive barqaininql' ' (Placentia hire t-ighters v. City of Placentia 1. ~h.ihi'cIpa1 Employee Relat-rms Officer Noyember 20, 1978 . Page-Four I.. ,* -. I I I. . *I NATIONAL LABOR RELATIONS BOAaD, Petltioner, v. OENEBAL ELECTRIC COMPANY, Respondent, International Unlon of Electrical. WO, and Machine Workers, AFL-CXO, Intervenor. 4 Nos. 337.338, Dockets 29502, 29576. United States Court of Appeals Second Circuit. Argued June 3, 1969. t .. .. and 8 Decided Oct. 28, 1969. - Petitions were filed to review and .enforce order of Yational Labor ReIa- tions Board based on findings of unfair labor practices and faiIure to bargain in good faith in violation of section 8(a) (1) and (5) of the National Labor Rela- tions Act, 29 U.S.C.A. S 158(a) (1). (5). The Court of Appeals, Irving R. Kauf- man, Circuit Judge, held that employer *vas guilty of unfair labor practice in negotiation with union, where employer t*a take it or leave itapproach to ne- gotiations in general which emphasized bth powerlessness and uselessness of finion to its members, and employer con- ducted a communications proRram that pictured employer as true defender of , Interests of employees, further denigrat- ing union, and sharply curbing employ- er's ability to change its own position. 'I . i I.. ., .. . .I ~ . . . if the purpose of col- lective bargaining is to promote the lira- tional exchange of facts and arguments" that will measurably increase the chance for amicable agreement, then sham dis- cussions in which unsubstantiated rea- sons are substituted for genuine argu- ments should be anathema. See Cox, The Duty to Bargain in Good Faith, 71 Harv. L.Rev. 1401 (1958). A City memorandum-of September 15, 1978, established that the average pay of all miscellaneous employees was $6.06 per hour. On May 19, 1978, the City offered 7% for 5 classifications 6 873.60 .42c x 2080) and 5% for all others ($624.00 .30c ~'2080). On July 6, 1978 and July 17, 1978, the City deleted all references to salary increases because of Prop 13. On September 5, 1978, the City offered 5% for all employees ($468.00 .3Oc x 1560 hours). On September 7, 1978, the City offered 5% if agreed to by September 30, 1978 $624.00 (.30c x 2080) On October 26, 1978, the City offered 3% on October 1, 1978 ($280.00 .18c x 1560 hours) and 4% January 1, 1979 ($260.00 .25c for 1040 hours). Minus $60.00 for increjsed F.I.C.A. tax on January 1, 1979 to June 30, 1979 that results in a net increase to the average miscellaneous employee of $480.80 for Fiscal 78-79. $480.80 divided by 2080 work hours averages out to .23c per hour. .- , . t! *. ' '4 Aynic'ipal Employee Re1at:'ms Officer November 20, 1978 . Page Jive On October 26, 1978, the City claimed that their salary proposal was the "bottom line" and "the best effort the City can make based upon available resourcesll . On November 13, 1978, CCEA/AFSCME addressed the ''bottom following: United States Department of Commerce Bureau of Census . Report Publication No. GF 76 Governmental Finances in 1975-76 ine" wi th the . #5 Salaries and No benefits of local governments. California $12,019,000 salaries. $21,806,000 expenditures or 55.1% CCEA/AFSCME's entire proposal would cost the City (salaries - benefits + miscel- laneous City costs) 23.3% of the City of Carlsbad's 78-79 expenditures. CCEA/AFSCME also submitted: . . f July 1972 to July 1978 +160"!, City Income +102% City surplus +281% +58.10"/, Cost of living +34.65 -23.45% Employee salaries lost to inflation, and On September 15, 1978, the City had $3,885,776 of unobligated funds; and A study published in the Blade Tribune, February 2, 1978, revealed that the City of Carlsbad compared to 20 other similarly sized cities: C i ty Manager budget. Employee sa 1 ar i es +125% Income per person +300% Property tax per person +171% Current services revenue +143% Investment earnings .t 125% Licenses and permits + 70% Revenue from other agencies +127% Revenues - Figures from the Blade Tribune published June 9, 1978: . $156,629,855 June 1977 City Valuation $196,697,879 June 1978 City Valuation +25.5% $1,402,601 June 1977 Sales Tax $1,800,000 June 1978 Sales Tax +28. Y/, Fiscal 78-79 +20"/, A1 1 potential revenues . +30% Sales Tax Revenue i, CCEA/AFSCME Submitted on November 13, 1978, that a transfer of 10.Owo of City unobligated funds could accommodate costs for an entire proposal we have on the table. unobl igated funds. No tax increase to the public just a transfer of 10.0% of City ': ' Hiin i c-i pa 1 Emp loyee Re1 ati'ms Off i cer Nuvomber 20, 1978 Page,Six CCEA/AFSCME claims that meet and confer took from Apr 5, 78 to November 13, 1978, because City negotiators could not or would not 'assemble' their team any sooner or more frequent. CCEA/AFSCME claims that meet and confer with .the City was plagued by the City negotiators failure or refusal to answer questions from CCEA/AFSCME until I'our next meeting". CCEA/AFSCME claims that the fourteen (14) issues we have no agreement on are mandatory subjects of bargaining and.require written proposals from the City. CCEA/AFSCME claims that the City negotiators have never intended to resolve our differences and reach a common ground. CCEA/AFSCME claims that an agreement reached on October 26, 1978, was undone because City negotiators claim they made a $2,359,194.00 mistake. CCEA/AFSCME claims that the number and frequency of meetings were controlled by the City and reduced to "take it or leave iti1 by the City to us. CCEA/AFSCME concludes that the City has bargained regressively and unfairly ;. and forced us into a series of "take it or leave i t" situations on those mandatory bargaining subjects we have no agreement on. CCEA/AFSCME requests that you direct the City negotiators to return to the bargaining table and submit to us written proposals on the open items for the purpose of reaching a common ground and written agreement. . 't! I-- ) J. K. Irving Business Representative Council 36, AFSCME CCEA/AFSCME Loca 1 978 Pres i dent .% I:b ' opeiul39 af 1-cio .