HomeMy WebLinkAbout1981-05-26; City Council; 6608; MOU with Miscellaneous Employees Association._ .' CITY OF CARLSBAD 74 c;i)
W . AGENDA BILL NO. b& 0 8
v 26. 1981 C. Atty. DATE :
DEPARTMENT: PERSONNEL C. Mgr.
Subject: MEMORANDUM OF UNDERSTANDING WITH CARLSBAD CITY EMPLOYEES '
AS SO CIA TI ON
Statement of the Matter
Representatives of the Carlsbad City Employees ' Association and
the City have reached agreement regarding wages and other terms
and conditions of employment effecting the dates May 25, 1981
through June 12, 1983. These terms are included in a Memorandum
of Understanding herewith submitted to the City Council for approval.
Exhibit
Resolution' No. 65jGI with Exhibit A, Memorandum of Understanding.
Fiscal Impact
This agreement will cost an additional 8.5% or $300,000 per'year
, during the two years of the agreement. Funds are available in the retirement account of this year% budget to implement the agreement. Funds have been included in the conFLngency account of next year'.s preliminary budget to carry out this agreement during the 1981-82 fiscal year.
Recommendation
Adoption of exhibited resolution. '
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APIEOVED
Y :.
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RESOLUTION NO. 6546 --
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UYDEESTANDING BETFfEEN REPRESENTATIVES OF MANAGEMENT AND THE
CARLSBAD CITY ENPLOYEES' ASSCCIATION. .- --
WHEREAS, representatives of management and the Carlsbad
3ity Employees' Association have been conducting negotiations
yrsuant to the Meyers-Milias-Brown Act, regarding wages and
Dther 'terms and conditions of employment for the period May 25,
1981 through June 12, 1983; and
Whereas, said representatives have reached agreement which
they desire to submit to the City Council for approval; and
WHEREAS, the City Council has determined it to be in the
public interest to accept such an agreement in the form of a
Memorandum of Understanding, marked Exhibit A and incorporated
by reference herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Memorandum of Understanding between the
Carlsbad City Employees' Association and representatives
of management ., is hereby accepted.
.3. That the City Council intends to implement Article 12
of said memorandum, city payment of 100% of the employees normal
Public Employees' Retirement System contribution (7% contribution)
as provided by Government Code Section 20615, as of May 25, 1981;
and further to incorporate its terms into the salary plan from
June 14, 1982 through June 12, 1983 and the Personnel Rules
and Regulations of the City of Carlsbad and by other appropriate
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actions necessary in accord with its terms.
PASSED, APPROVED AND ADOPTED at a/!i!!i&??!!$ meeting of the
day of May , 1981 - Carlsbad City Council held on the 26th
by the following vote to wit:
AYES : council Menhers Packard, Anear, Ms, Kulchin
NOES: None
ABSENT: Council Ikrher Casla
--- RONALD C. PACRARD, Mayor
ATTEST :
ALETHA CLbxL. L. RAUTENKRANZ, Y?* R- Cityclerk
(SEAL)
.’
.
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 21st
day of May, 1981, 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")
PREAMBLE
It is the purpose of this Memorandum of Understanding
(hereinafter referred to as "Memorandum") to promote and provide
for harmoni.ous relations, cooperat ion 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, affiliated with AFSCME
Local 978, 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/AFSCME
Local 978. It is agreed that this Memorandum shall not be
binding upon the parties either in whole or in part unless and
until:
7
--e- --
A. The City Counci.1 acts, by majority vote, formally to approve
n;,d adopt said Memorandum, or
B. The City Council acts to appropriate the necessary funds
required to implement the provisions of this Memorandum, or
C. The City acts in a timely manner to make the changes in City
ordinances, resolutions, rules, policies and procedures
necessary to implement this Memorandum.
- ..
ARTICLE 3. TERM - --
The term of this Memorandum shall commence on the date when the
Implementation, are fully met. This Memorandum shall expire and
otherwise be fully terminated at 12:OO midnight on June 12, 1983.
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, 1982 to February 1, 1983, 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 1aJer than April 1, 1983.
* terms and conditions for its effectiveness, as set forth in
--
B. Unless the City serves upon the employees by proposals to
amend, add to, delete, or otherwise ch.ange any of the
provisions of the Memorandum, this Memorandurn 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, 1983. 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 12, 1983.
ARTICLE 5. RETENTION OF BENEFITS --- I-
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
departments, c,ommissions 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
condu'cted; 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. .
-cI1-
' exclusive right to determine the mission of its constituent
ARTICLE 7. NO STRIKE AND NO LOCKOUT
--II
A. No Strike. During the life of this Agreement, neither the myZ nor any agents or representatives will instigate,
promote, sponsor, engage in, or condone any strike (including
sickouts,. or any other intentional disruption of the
operations of the City, regardless of the reason for so ,
. sympathy strike), slowdown, concerted stoppage of work,
doing,
B. Penalty. Any employee engaging in activity prohibited by
7.A.; or who instigates or gives leadership to such
activitv, shall be subject to disciplinary action.
C. No Lockout. During the term of this Agreement, the City will
---1 not instate a lockout over a dispute with the- Employees so
long as there is no breach of Section 7.A.
D. Association Official Responsibility, Each employee who
I ho~~~-pos~t~on~cer of tf;e Employee Association
occupies a position of spacial trust and responsibility in
maintaining and bringing about compliance with the provisions
of this Article, the employees agree to inform its members of
their oblignzions under this Agreement and to direct them to
retiirri to work. ,,
4WTICLE 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 eight percent (8%) effective 'June 14, 1982. Salaries
for the period starting June 14, 1982 will be 1.08 times the
salaries on the miscellaneous employee salary plan. 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.
I_- - --- -
ARTICLE 9. BENEFIT PAYMENTS
In lieu of the existing health and medical premium payments of up
to $65/month, the City agrees to provide a sum of $115 per month
beginning on June 22, 1981 and continuing during the term of this
agreement to each employee which shall be used as follows:
1,' Each employee shall be required to have employee health and
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medical insurance through a City approved plan. The $115
shall be first applied to the cost of this insurance.
2. The balance of the $115 remaining after payment of the
employee's health and medical insurance premium may be used,
at election of the employee, in one or a combination of the
following ways:
a. Purchase of additional employee and dependent insurance
through City approved group plans.
b. Deposited into the City deferred compensation plan in
accordance with the terms and conditions of the plan.
C. Paid out as a cash bonus on the following basis to
represented employees:
1. The balance of the $115 per mbnth not paid out for
the above listed purposes shall be accumulated in an
account for each employee and shall be payable on the
following basis:
(a) The first payment of the balance in the
employee's account shall be made on December
1, 1981.
(b) The second payment of the balance in the
employee's account shall be made on June 1,
1982.
(c) The third payment of the balance in the
employee's account shall b'e made on December
1, 1982.
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(d) The fourth. payment of the balance in the
employee's account shall be made on June 1,
1983.
Jkployees shall make an annual election of. the use of the $115
during July 1981 and July 1982. No ch'anges in this election
shall be made, other than in July, except in the case of extreme
hardship as determined by the City Manager.
The parties agree to jointly study alternative health and
insurance programs and recommend modifications or improvements
to the existing programs. The joint study will be undertaken by
a committee of employees with the following membership:
. medical, dental, vision, life, and long-term disability
1. Six representatives of CCEA to be designated by the
President of CCEA.
2. Two representatives of the Carlsbad Police Officers'
Association to be designated by the. President of CPOA.
3. Two representatives of the .Carlsbad Firefighter's
Association to be designated by the President of CFA.
4. Two representatives of *City Management to be designated by
the City Manager.
.The Committee shall meet regul'arly and prepare a recommendation
to the City Manager by July 1, 1981, on possible revisions to
the existing insurance program. The City Manager will prepare a
recommendation on possible revisions to the insurance program by
August 1, 1981. The revisions to the insurance program will be
made as soon as possible but not later than January 1, 1982.
The City here agrees that the present level of benefits for
health and medical, dental, vision, life and long-term disability
shall not be reduced except as may be recommended by the joint
study committee. It is the intent of the City to provide an
insurance program that will provide optional choices so that an
employee may select coverage that will meet individual needs .
ARTICLE 10. STATE DISABILITY INSURANCE
The City agrees to conduct an election among represented
employees to determine if a majority of represented emplbyees
desire state disability insurance coverage. Such election to
be conducted by the City Clerk on a mutually agreeable date, but
not later than June 15, 1981,
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If a majority of represented employees elected state disability
insurance coverage the City agrees to pay the premium during the
term of this agreement, such coverage to become effective on
July 1, 1981, or as soon as practical thereafter.
ARTICLE 11 . HOLIDAYS
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:
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HOLIDAY
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Thanks giving Fr i day
Christmas Day
New Year's Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Daf
Columbus Day
VetSLdn's Day
Til an ks g ivin g Day
Th an ks g ivin g Fr i day
Christmas Day
New Year's Day
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Lincoln' 8 Birthday
Washington's Birthday
Memorial Day
EMPLOYEES 11 DESIGNATED
1 FLOATING TOTAL 96 HOURS
EMPLOYEES 9 DESIGNATED
1 FLOATING TOTAL 100 HOURS
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Fri. Jul. 3
Mon. Sep. 7
Mon . Oct. 12
Wed. Nov. 11
Thurs. Nov. 26
Fri. Nov. 27
10/4 urs . ---Tim. Mon . -73
Thurs. Jul. 2 Fri. Jul. 3
Mon. Sep. 7 Tues. Sep. 8
Mon . Octo 12
Wed. Nov. 11 Wed. Nov. 11
Thurs. Nov. 26 Thurs. Nov. 26 ---- Fri. Nov. 27
----
Fri. Dec. 25 Thurs. Dec. 24 Fri. Dec. 25
1982 .
Fri. Jan. 1
Fri. Feb. 12
Mon. Feb. 15
Mon. May 31
Mon. Jul. 5
Mon. Sep. 6
Mon . Oct. 11
Thurs. Nov. 11
Thurs. Nov. 25
Fri. Nov. 26
Fri. Dec. 24
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Thurs. Dec. 31 ----
Mpn. Feb. 15
Mon. May 31
Mon. Jul. 5
Mpn: Sep. 6
Mon. 0ct:ll
Thurs. Nov. 11
Thurs. Nov. 25 ----
Thurs. Dec. 23
Fri. . Jan. 1
Fri. Feb. 12 ----
Tues. Jun. 1
Tues. Jul. 6
Tues. Sep. 7 --_-
Thurs. NO~. 11
Thurs. Nov. 25
Fri. Nov. '26
Fri. Dee. 24
Fri. 'Dec. 31 Thurs. Dec. 30 Fri. Dec. 31
1983 -
Fri. Feb. 11 ' ---- Fri. . Feb. 11
Mon. Feb. 21. Mon. Feb. 21 --e-
Mon.. May 30 Mon6 May 30 Tues. May 31
ARTICLE 12. PERS CONTRIBUTION
Starting on May 25, 1981, or upon the date of ratification of this
continuing during the term of this agreement, the City agrees to pay
100% of the employees normal Public Employees Retirement System
contribution (7% contribution) as provided by Government Code Section
20615.
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' agreement by the membership of,CCEA, whichever date is later, and
ARTICLE 13. OUT OF CLASS CLAIMS
The City agrees to amend the Personnel 'Rules as follows:
CI
add the following sentence to:
* Rule XII, Section 3(b)(2)
An employee grievance for out of classification- work is
reviewable
ARTICLE 14. FULL UNDERSTANDING, MODIFICATION, WAIVER.
A. . It is intended that this Memorandum of Understanding sets
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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 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 aris'ing as a result of the change instituted by the
City.
Where the City makes such changes because of the requirements of
the law, the City shall not be required to negotiate'the matter of
compliance with any such law.
Nothing herein shall limit the authority of the City to make such
changes required during emergencies . However, the City shall
notify CCEA of such changes as soon as practicable. Such
emergency assignments shall not extend beyond the period of the .
emergency. "Emergenc.y" shall be defined as an unforeseen
circumstance requiring immediate implementation of the change.
C. Failure by CCEA to request consultation or negotiations,
pursuant to Paragraph B, shall not be deemed as approval of
any action taken by the Cit,y.
D. 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.
E. Any agreement, alteration, understanding, variation, waiver,
or modification of any of €he 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.
F. 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 15. AUTHORIZED AGENTS.
For the purpose of administering the terms and provisions of
this Memorandum of Understanding:
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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) 438-
5621), except where a particular City Representative is
specifically designated in connect-ion with the performance
of a specific function or obligation set forth herein.
B. CCEA affiliated with AFSCME Local 978 authorized
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 representative (Address: 1200 Elm Avenue,
Carlsbad, California, 92008; Telephone: (714) 438-5541). .'
.
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 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
Underastanding 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.
I
CITY OF CARLSBAD
CARLSBAD CITY EMPLOYEES' ASSOCIATION/
AFSCllE Local 978
ATTACHMENT A
_r P
CLASSIFIED EMPLOYEES--REPRESENTED BY CCEA
_II II
TITLE LIST --
CLA3 S I F I CAT1 ON
ACCOUNT CLERK I
ACCOUNT CLERK I1
ACCOUNTANT
ACCCOUNTING TECHNICIAN
ASSISTANT CIVIL ENGINEER
ASS I STANT PL,ANN ER
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
DEVELOP. PROCESS.. COORDINATOR
ENGINEERING TECHNICIAN I
ENGINEERING TECHNICIAN I1
EQUIPMENT MECHANIC I
EQUIPMENT MECHANIC I1
EQUIPMENT MECHANIC LEADWORKER
EQUIPMENT SERVICE WORKER
LIBRARIAN I
LIBRARIAN I1
LIBRARiAN I11
LIBRARY ASSISTANT I
LIBRARY ASSISTANT I1
LIBRARY CLERK I
LIBRARY CLERK I1 .'
LIBRARY GUARD
MA IN T EN Ai C E E LE C T R I C I AN I
MA Xi< TEN AN CE ELECTRIC IAN I I
MAINTENANCE WORKER I
. CLASSIFICATION
METER READER/REPAIRER I
METER READER/REPAIRER 11
METER SHOP SUPERVISOR
PARK MAINTENANCE WORKER I1
PARK MAINTENANCE WORKER I11
PARK PLANNER
PARK SUPERVISOR
PERMIT CLERK
PLANNING TE CHN I C IAN
RECEPTION I ST CASHIER
RECREATION SUPERVISOR I
RECREATION SUPERVISOR I1
SANITATION SUPERVISOR
SECRETARY I
SECRETARY I I
SE c RE TARY / B OOKK EE PER
SECRETARY TO CITY ATTORNEY
SECRETARY TO CITY MANAGER
SENIOR COKSTRUCTION INSPECTOR
SEWER MAINTENANCE SUPERVISOR
STENO CLERK I .
STENO CLERK I1
STOREKEEPER
STREET MAINTENANCE WORKER 111
STREET MAINTENANCE SUPERVISOR
SWEEPER OPERATOR
TRAN S PORT AT I ON EN G INE E R
TREE TRIMMER I
TREE TRIMMER I1
UTILITY MAINTENANCE WORKER I1
UTILITY MAINTENANCE WORKER I11
UTILITY SYSTEMS OPERATOR I1
UTILITY SYSTEMS OPERATOR 111
WATER MAINTENANCE SUPERVISOR
WATER PUMP SUPERVISOR
STREET MAINTENANCE WORKER I1 .
TREE TRI'MMER LEADWORKER