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HomeMy WebLinkAbout1980-06-25; City Council; n/a; Report of impasse CCEA negotiationsMEMORANDUM DATE : June 25, 1980 TO : Mayor and City Council FROM : City Manager SUBJECT: REPORT OF IMPASSE I. Introduction A. An impasse hearing was conducted at 3:00 p.m., Thursday, June 19, 1980. The hearing was convened by the City Manager acting as the Employee Relations Officer for the city, under the authority of Section 2.48.130 of the Carlsbad Municipal Code. B. The hearing had a dual purpose. First, to determine an impasse existed as contended by the Carlsbad City Employees' Association. The second purpose was to seek a method of resolving the impasse once it was determined an impasse existed. C. Both parties agreed they were at impasse. CCEA desired a citizen board to hear the impasse and make a recommendation for its settlement to the council. The City representatives favored resolution of the impasse by the City Council. Under the provisions of the code, in that there was no agreement, the matter was referred to the City Council for resolution. II. Background A. The parties began meeting on February 28, 1980 and ended on May 21, 1980, having had a total of 12 meetings. During the course of these sessions each party made five proposals, the City submitting its last proposal on May 21, 1980 and CCEA submit- ting its last proposal on May 12, 1980. III. The Issues A. During the course of the negotiations several different issues were proposed, discussed, investigated, and subsequently dropped. Those issues which existed at the time impasse occurred, obviously were different for both parties. The description of the proposals which were on the table being actively considered at the time of impasse are discussed below. B. The City's final proposal at time of impasse contained the following items. 1. A salary increase of 10% to be effective July 1, 1980. 2. Increase in city paid life insurance for miscellaneous employees to $15,000 per employee from $5,000 per employee. 3. A guarantee that any miscellaneous employee passing an open and competitive exam for a miscellaneous classification receive one interview in the hiring process. ^**s '***Page 2, City Manage^klEMO dated June 25, 1980 , 4. A rule change permitting accumulation of 60 total hours of compensation time off and extending the period for the use of the compensation time off to six months. 5. A rule change clarifying promotional, probation, and accelerated step increase provisions currently in effect, 6. Retention of the present holiday system—no changes proposed. The Association's opposition to the 'management package' proposals was not specific. Upon termination of the meeting comment was made, that the proposal was unacceptable and it was believed that an impasse existed. It is the opinion of the negotiators that the principal objection to the package proposed was the salary proposal of 10%. Many of the other administrative items individually could have been agreed to. C. The Carlsbad City Employees' Association's last offer was based upon the following list of items. 1. A request that the City provide a system whereby personal sick leave periods for each employee would be exempt from FICA deductions. 2. A provision similar to the City's provision which would guarantee an interview for miscellaneous employees who had successfully passed the open and competitive examination process for miscellaneous positions. 3. A salary proposal of 14% increase across the board, effective July 1, 1980. 4. Payment of employee and dependent health and medical, dental, and optical insurance premiums by the City. 5. Change in the provisions for paying longevity pay, eligibility for longevity to be computed upon total City service instead 'E1 step service. 6. Establishment of an agency shop. 7. Combination of various classification changes for miscellaneous employees. The City's principal objection to those proposals submitted by CCEA is the 14% salary increase. Other objections include the economic issues of health and medical, dental, and optical insurance premium payment, and the agency shop provision which currently is against the law for general law cities in the State of California. IV. Impasse Resolution A. The positions of the two parties regarding a method of resolving the impasse are widely separated. CCEA contends that the impasse should not be resolved by the local officials. The City maintains an opposite view, that the impasse be resolved by the City Council. B. City's position: The City is of the opinion that the impasse which has occurred should be referred to the City Council, acting under the provisions of Section 2.48.130, to elect one of the following procedures as the method of impasse resolution. 1. Mediation or conciliation as previously defined in /*sPage 3, City Manage^LEMO dated June 25, 1980 the code. All mediation proceedings shall be private. The mediator shall make no public recommendations or take any public position concerning the issues. 2. A determination by the City Council after hearing on the merits of the dispute. 3. Another dispute resolving procedures to which the parties mutually agree which the City Council may order. Of these three it is the city's position that the City Council should determine the case after hearing the merits of the dispute. The city's principal motivation for recommending this is that the council constitutes the legislative body of the city, elected by the residents of the community and directly responsible to those residents for the administration of city revenues to provide public services. For the City Council to delegate its responsibility and in this case permit local residents to hear this case would be totally irresponsible. Establishing employee compensation and the conditions of employment for city employees is an integral and important function of the City Council to which individuals are elected. To propose any other method of resolution serves to identify city employees as a special category above and beyond that of other residents. There is no other group of residents in the City of Carlsbad who have the option of referring a dispute or any matter requiring final legislative decision in the city to an organization other than the City Council. To permit city employees to do so discriminates against other residents who are seeking other types of legislative resolutions to their problem. C. It is CCEA's position that the impasse should be resolved by a citizens' committee. This proposal is obviously based upon a close and continued reference to practices followed in the private sector. It seeks to circumvent the obvious fact that in the public sector the responsibility for administering city service rests with the people who were elected by the local residents to do the job. Whereas, in the private sector the only recourse is provided by federal law in that the total control is exercised by management. In private sector collective bargaining the action is arbitrary. Managers are not elected and gain leverage in negotiations with employees by the use of economic power. Impasses may be referred to the National Labor Relations Board whose members are not elected, but are arbitrarily appointed by government entities. Nowhere in the entire process is the use of an elected official available to either party in the private sector. CCEA seeks to compare this situation with the situation existing in the city. They are not comparable. Philosophically, politically and economically the basis for employer/employee relations in the private sector and the public sector are diametrically different. V. Recommendation It is the recommendation of the city staff to the City Council that the council recognize that an impasse does exist between representa- tives of the City and those of the Carlsbad City Employees' Page 4 City Manager MEMO dated June 25, 1980 Association. It is further recommended that the City Council elect to resolve the impasse. If the Council determines to resolve the impasse directly, it is management's recommendation that the Council impose the terms of management's last offer to settle the impasse. Recommendation; Adopt the attached resolution which provides for a 10% salary increase and $15,000 life insurance and direct staff to prepare documents to implement the remaining items in manage- ment's last offer. FA/JNP/VS Council Action: 6-30-80 Council determined they would resolve the impasse. Council adopted Resolution No. 6228, authorizing and directing certain salary compensation, nonsalary compensation and administrative changes affecting the miscellaneous employees of the City of Carlsbad. 1| RESOLUTION NO. 6228 23 24 27 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING 3 AND DIRECTING CERTAIN SALARY COMPENSATION, NONSALARY COMPENSATION AND ADMINISTRATIVE CHANGES AFFECTING THE MISCELLANEOUS EMPLOYEES OF THE CITY OF CARLSBAD.5 WHEREAS, representatives of the City and the Carlsbad City 6 Employees' Association have failed to reach agreement concerning the salary and other terms and conditions of employment for Fiscal Year 1980-81; and 9 WHEREAS, such failure to reach agreement has resulted in an 10 impasse and said impasse having been resolved by the City Council under the authority of Section 2.48.130 of the Carlsbad Municipal JL& Code ;13 NOW THEREFORE, BE IT RESOLVED by the City Council of the14 City of Carlsbad, as follows:15 1. That the above recitations are true and correct;16 2. That the City Council authorizes and directs the City Manager to implement immediately the provisions of the salary18 plan for miscellaneous employees of the city for Fiscal Year 1980-81 JL */ as shown on Exhibits A, B and C attached hereto.20 3. That the City Council authorizes and directs the City21 Manager to implement immediately the provisions for increasing *<w city paid life insurance from $5,000 to $15,000 per employee for Fiscal Year 1980-81. X X 28 XX _ 2 - 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the Carlsbad City Council held on the 30th day of June 1980, by the following vote to wit: AYES: Council members Packard, Anear, Lewis, Kulchin and Casler NOES: None ABSENT: None DONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTE (SEAL) RANGE S EMPLOYEES SALARY SCHEME JULY 1, 1980 THRU JUNE 30, 1981 BI/WEEKLY A B D RANGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 423.78 432.67 442.23 451.11 460.68 470.95 480.52 490.76 501.69 512.63 523.57 .534.51 546.12 558.42 570.73 583.03 596.03 609.01 621.99 636.35 650.01 664.35. 679.41 694.44 710. 16 725.87-. 742.28 759.36 776.45 794.21. 811.98 830.45. 849.57 868.71 888.54 909.05 930.22 951.40. 973.29 995.84 1018.39 1042.30 442.23 451. 11 460.68 470.95 480,52 490.76 501.69- 512.63 523.57 534.51 546. 12 558.42 570.73 583.03 596.03 609.01 621.99 636.35 650.01 664.35 679.41 694.44 710. 16 725.87 742.28 759.36 776.45 794.21 811.98 830.45 849.57 868.71 888.54 909.05 930.22 951.40 973.29 995.84 1018.39 1042.30 1066.20 1090.81. 460.68- 470.95 480.52 490.76 501.69 512.63 523.57 534.51 546,12 558.42 570.73 583.03 596.03 609.01 621.99 . 636.35 650.01 664.35 679.41 694.44 710. 16 725.87 742 .28 759.36 776.45 794.21 811.98 830.45 849.57 868.71 888.54 909.05 930.22 951 .40 973.29 995.84 1018.39 1042.30 1066.20 1090.81 1116.78 1142.75 480.52. 490.76 501.69 512.63 523.57- 534.51 546. 12 558.42 570.73- 583.03 596.03 609. 01 621.99 636.35 650.01 664.35 679.41 694.44 710. 16 725.87' 742.28 759.36 776.45 794.21 811.98 830.45 849.57 868.71 888.54 909.05 930 .22 951.40 973.29 995.84 1018.39 1042 .30 1066.20 1090.81 1116.78 1142.75 1169.45- 1196.07 501.68 512.63 523.57 534.51 546.12 558,42 570.73 583,03 596.03 609.01 621.99 636.35 650.01 664.35 679.41 694.44 710.16 725.87 742.28 759.36 776.45 794.21 811.98 830.45 849.57 868.71 888.54 909.05 930.22 951.40 973.29 995.84 1018.39 1042.30 1066.20 1090.81 1116.78 1142.75 1169.45 1196.07 1224.09 1252 .11 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 EXHIBIT A Resolution No. 6228 o PROFESSIONAL EMPLOYEES SALARY SCHEDULES JULY 1, 1980 THRU JUNE 30, 1981 BIWEEKLY RANGE RANGE 30 36 37 38 42 45 49 588.86 671.00 . 693.00 701.38 774.55 828.22 906.32 615.09 701.38 724.36 733.13 810.09 866.56 948.83 642.71 733.13 757.13 766.95 847.06 906.32 992.76 671.00 766.95 791.98 802.15 886.08 948.83 1038.75 701.38 802.15 828.22 838.76 927.23 992.76 1087.52 30 36 37 38 42 45 49 The above salary schedule applied to the following classifications: Assistant Civil Engineer Associate Civil Engineer Assistant Planner Associate Planner Librarian I, II, and III EXHIBIT B Resolution No. 6228 C OXHIBIT c ^Resolution No. 6228 PART TIME EMPLOYEE SALARY SCHEDULE—HOURLY July 1, 1980 through June 30, 1981 LIBRARY PAGES $3.00 $3.10 $3.20 CLERKS $4.50 REFERENCE $6.50 RECREATION Division of Parks and Recreation Department Step 1 Step 2 Step 3 Step 4 Step 5 RECREATION LEADER I 3.19 3.35 3.52 3.70 3.89 RECREATION LEADER II 3.81 4.00 ' 4.20 4.41 4.63 RECREATION SPECIALIST 4.86 5.10 5.36 5.63 5.91 PROCEDURE FOR IMPASSE ITEM I. MAYOR ASKS FOR REPORT FROM CITY MANAGER ON THE IMPASSE WITH CARLSBAD CITY EMPLOYEES ASSOCIATION. A. REPORT BY CITY MANAGER ON IMPASSE HEARING HELD ON JUNE 19, 1980. 1. CITY MANAGER FINDS THAT IMPASSE EXISTS. 2. PARTIES COULD NOT AGREE ON HOW TO RESOLVE IMPASSE, 3. IMPASSE REFERRED TO CITY COUNCIL. II. COUNCIL DETERMINATION ON HOW TO RESOLVE IMPASSE. A. PRESENTATION BY CCEA ON HOW TO RESOLVE IMPASSE. B. RECOMMENDATION BY CITY MANAGER ON HOW TO RESOLVE IMPASSE. C. CITY COUNCIL VOTES ON HOW TO RESOLVE IMPASSE. IF COUNCIL DECIDES TO RESOLVE IMPASSE ITSELF: I. CITY PRESENTATION ON THE ISSUES IN DISPUTE. A. CITY MANAGER'S RECOMMENDATION. B. COMPARISON OF CITY AND CCEA'S POSITION. C. COMPARE SETTLEMENTS IN OTHER CITIES, C. HEALTH INSURANCE PREMIUM INCREASE ISSUE. II. CCEA PRESENTATION ON THE ISSUES IN DISPUTE. III. CITY COUNCIL VOTE TO DETERMINE SETTLEMENT OF THE IMPASSE. CITY MANAGER'S RECOMMENDATION: ADOPT RESOLUTION NO. 6228 WHICH PROVIDE A 10% SALARY INCREASE AND $15,000 LIFE INSURANCE AND DIRECT STAFF TO PREPARE DOCUMENTS TO IMPLEMENT THE REMAINING ITEMS IN MANAGEMENT'S LAST OFFER. TAKE A 15 MINUTE BREAK CARLSBAD CITY EMPLOYEES ASSOCIATION/AFSCME LOCAL 978 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714)729-1181 May 27, 1980 rO-co! Vr? '~'^.v~:;-:-. .-;-; (j-jl City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008 Subject: CCEA/AFSCME - CITY, IMPASSE Pursuant to Section 2.48.130 of the Municipal Code, as we understand it, CCEA/ AFSCME hereby declares impasse. We formally request that the resolution of our impasse be resolved by a Board of Citizens, mutually selected, as permitted by Section 2.48.130 Procedure #3 of the Code. We further formally request that before you say no to the above request that you wait for City Council review of the membership's attempt to secure community support for the Citizens Board. Since the parties have 35 days remaining prior to the commencement of the new fiscal year and we agreed last year to settle weeks after the beginning of the fiscal year we request that your office not respond immediately to deny our requests. Attached is our final offer to City management and we are in dispute on those items appearing alongside asterisk (*) and any others where management has changed their position from the position taken on the dates listed. >^\r\•'K. Irving Vy Business Representative Council 36, AFSCME, AFL-CIO Enclosure opeiu139 af1-cio CCEA/AFSCME L 978 FINAL PROPOSAL TO KAliAGEMZwT MAY 12, 1980 AGREEMEin? REACHED Memorandum of Understanding: Mgt. Proposal of U-3-80 Art. 1 Recognition: Mgt. Proposal of ^-3-80 Art. 2 Implementation: Mgt. Proposal of U-3-80 Art. 3 Term: Kgt. Proposal of U-3-80 Art. U Renegotiation: Mgt. Proposal of U-3-80 > • Art. 5 Retention of Benefits: Mgt. Proposal of lf-3-SO Art. 9 Overtime and Compensation time off: Mgt. Proposal 'i-3-?JO Art. Probation and Accelerated Step Increases: I-Tgt. Proposal ' Art. 10 Authorized agents: Mgt. Proposal of U-3-80 Art. 11 Provisions of Lav: Mgt. Proposal of ^-3-80 y- Art. F. I. C. A. Deductions/Sick Leave: Mgt. Proposal lt-23-OO Jf Art. Advancement: Vgt. Proposal of U-28-80 Art. Classification ?1-.^: Library Ec~ea to Lib. Cl II \ Kennedy to Libr. II y as per W^t. Proposal U-16-80 Coatee to Libr. II / e CCEA/AFSCME L S~3 FINAL PROPOSAL TO yAKAGEMEKT MAY 12, 1930 Pace 2 Classification Plan: (continued) City Eall Ranos to'Secy I : Mgt Proposal 1»-16-80 f- Stevens to Secy II; " *• Murphy'to 29 vith Audit r k-21-BQ Sr. Blcig Inspector, hold for new Bldg. Offi.cal Parks arid -Fec_ ,f Barks Eupv 2nd Position: Mgt. Proposal ^--l6-80 * P ^ R III to 30: " • Oak Street Util Syst Gpr II: !•'.&. Proposal 3-12-80 Open Issues Holidays __ Current Schedule as outlined in M.O.U. '*-!. Ccr.pennation: 1^5 Reasons: Cost cf Living i.e.: -KL6.9 All Items +19 • 0 lloufj ing +16.9 Apparel and Upkeep +22.7 Transportation +lo.l Corrjnodities +5^.3 Energy- City's Financial Position ie.:Surplus y(':f, or Kir.c. Arc Alovo CLrl or Outst:i.ndi;if- CCER/'AFSCME L 978 FINAL PROPOSAL TO MAffAOH-EEKT MAY 12, 1980 Page 3 5(L 2. Health and Felf are: Crown proposed plan at no cost to Eaployees— Current Eye Care Plan at no cost to Employees Dental, $100 Deductable for Einployee/$20Q for Families per Yearmaximal cost to employees Life Insurance for Misc. E. to equal 1 Yrs Salary Reasons: Protection for Employees Simple Question of Dollars in vs. Dollars out with Insurance Carrier — ll£ Administrave fees ls?t 5 yrs.vs. 50^ last JL2 months ^ 3. Classification Plan Parks and Rec - 24 Hr Caretater from 25 to 28 • Oak St Tom Colenan to 30E Oah.St Util Systea Opr III to 30 .•f b, Lcngi Pay L. 1 + 55 at o'.l'rs of City Employment L. 2 +2.5 % at 13 Yrs of City Employment L. 3 + 1.25/^ at 18 Yrs of " )f. 5. ''Fair Share*1. Representation' c SALARY SETTLEMENTS WITHIN SAN DIEGO COUNTY^ x"' CORONADO ESCONDIDO ' LA MESA ^ LEMON GROVE - NATIONAL CITYX OCEANS IDE- SAN DIEGO CITY""" SAN DIEGO COUNTY"' VISTA S 10% 11,75% 9,5% 9,6% 7% 7/1/80. & 3% 1/1/81 (Annual =8.6%) -7/1/80, 3%-ll/l/80, l%-3/l/81 (Annual = 10.44%) 5% (PART OF A 2 YEAR AGREEMENT 1979 AGREEMENT WAS 13%,) As of July 1, 1980: 140 Miscellaneous Employees. On E Step 58 or 41% - 59% will get step increases this fiscal year.