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HomeMy WebLinkAbout1984-06-05; City Council; 7783; Meet and Confer Impasse CCEA0 In ? !z 0 rd s m $ rr 03 I In I co .. z 0 E a =! 0 z 3 0 0 -I _.- C17 - OF CARLSBAD - AGEND. BILL RECOMMENDED ACTION: 1. By motion of the City Council--set a date for an impasse hearing. ITEM EXPLANATION: City and Carlsbad City Employees' Association representatives have been meeting and conferring since April 10, 1984 in an effort to conclude a Memorandum of Understanding for Fiscal Year 1984-1985. The last of nine meetings was held on May 24, 1984, at which time CCEA declared an impasse. CCEA has requested and the city has agreed to modify the impasse procedure to bypass the City Manager's hearing. Therefore, the impasse will be brought directly to the City Council for a determination of impasse resolution. The council will be requested to hear and resolve the impasse on a date and time established by the council. It is recommended that the hearing be set for Monday June 11, 1984 at 5:OO P.M. EXHIBITS : 1. City Manager Report of an impasse. 2. CCEA's Notice of Impasse. I May 31, 1984 TO : Mayor and City Council FROM: City Manager IMPASSE REPORT The Carlsbad City Employees' Association ended negotiations with the city on May 24, 1984 by declaring an impasse. A written Notice of Impasse was received from CCEA's representative on May 30, 1984. At the conclusion of nine meetings held from April 10, 1984 through May 24, 1984 the final proposals are as follows, THE CITY. 1. Salary increases of 6% effective June 18, 1984. 2. Present insurance provisions continue. 3. Any premium increases in insurance would be shared by the city and the employee, but in no case would an employee pay more than the following amounts of monthly increase. Employee only $5 Employee + 1 dependent $10 Employee + 2 or more dependents $15 The second offer was conditional on acceptance of a two year contract. 1. Salary increase 7% effective June 18, 1984, 2. Present insurance provisions continue. 3. Salary increase 5% effective July 1, 1985. Any premium increases in insurance would be shared by the city and the employee, but in no case would an employee pay more than the following amounts of monthly increase. 1984 1985 Employee only STadditional $5 Employee + 1 dependent $7 additional $7 Employee + 2 or more dependents $10 additional $10 2 _- -. Page 2 Impasse Re1 t to City Council dated P 31, 1984 CCEA 1. Salary increases of 7% effective June 18, 1984. 2. Present insurance provisions continue. 3. Any premium increases in insurance would be shared by the city and the employee, but in no case would an employee pay more than the following amounts of monthly increase. Employee only $2.50 Employee + 1 dependent $3.50 Employee + 2 or more dependents $5.00 4. CCEA would review the present insurance plan and if they recommended a change and if it were adopted and if there were savings to the city, CCEA would get one-half of the savings in benefits. CCEA has requested the impasse resolution procedure, Carlsbad Municipal Code Section 2.48.130, be modified to omit the City Manager's hearing. The city concurs in the request. Therefore, the impasse will be brought directly to the City Council for resolution. CCEA has recommended a conditional type of mediation. 'This would not include final offers and would ,limit consideration to the issues as they existed on May 16, 1984. The city cannot accept conditional mediation and, therefore, recommends the City Council resolve the impasse. &?A&& FRANK ALESHIRE FA/ JNP/vs 3 May 30, 1984 Jerome Pieti Chief Negotiator City of Carlsbad Frank Aleshire Municipal Employee Relations Officer City of Carlsbad SUBJECT : Meet and Confer City v. CCEA Gentlemen : FORWARD On May 24, 1984, the C.C.E.A. was qiven notice of two City proposals that the city described as "Final Proposals" along with a demand that the two (2) city proposals be forwarded to CCEA members for a vote. Please be advised that the CCEA membership on May 24, 1984, met, and was issued a secret ballot with three (3) choices on the ballot: 1. Accept City Offer "A" 2. Accept City Offer "B" 3. Go to Impasse (Takes 50% plus one to pass) A significant majority of members voted for choice number 3, Impasse. ORDINANCE 1181 CHAPTER 2.48.130(C) The CCEA herein declares it's desire to initiate the impasse procedures as permitted by Chapter 2.48.130 (c), Ordinance 1181. 11. The CCEA list of disputed items includes: CITY 6% salary 6-18-84 CCEA - 7% salary 6-18-84 $2.50 Employee insurance $3.50 Employee + one ins. $5.00 Employee + two ins. $5.00 Employee insurance $10.00 Employee + one ins. $15.00 Employee + two ins. 50% of CCEA ins. proposal savings to 100% to City Treawy employee benefits and 50% to City Treasury 111. UNFAIR LABOR PRACTICE(S) On or about April 10, 1984, the CCEA accepted a City proposal to terminate negotiations on or by May 17, 1984. On May 16, 1984, the CCEA issued a proposal to the City along with a demand that the City respond to our Budget-Workload-Employee per 1000 citizen+ factors and a +07% and +03% (Police settlement) salary improvements (=+.085%>) in return for CCEA - dropping the following cost items: -r- I 1. 2. 3. 4. 5. 6. 7. 8. 9. + 8% salaries Doubletime, Sundays/Holidays Unscheduled Vacation improvements Longevity pay improvements Deferred comp. improvements Doubletime after 16 hours Sick leave conversion Increase in employee only rebates ($90 to $127) Allow for employee + 1 rebate ($145 - $141 + $4.00) +.08% +.008% +.02% +. ?$ +.?% I = +13.5% CCEA further agreed to reduce it's agency shop election proposal in return for the City-Police maintenance of membership clause with voluntary withdrawals scheduled for March, 1985. The City response on May 16, 1984, was to: 1. Cancel the May 17 deadline agreement because, 2. City could make no further offers without City Council 3. Extend deadline until May 23, 1984. 4. Have next meeting on May 23, 1984. additional instructions (May 22, 1984) CCEA agreed to the above in order for the council to further instruct City negotiators. On May 21, 1984, City Manager Frank Aleshire reported to the Blade- Tribune: 1. Council will meet in closed session to hammner out what 2. About 50% have joined. ...( CCEA) amounts to the City's final offer. On May 21, 1984, City Manager Frank Aleshire reported to the Carlsbad Journal : 1. City & CCEA were close but the game has changed because CCEA 2. Our policy has never been to share the City's profits with 3. We pay the prevailing rate, we pay county average. increased their demands employees. -2- On May 23, 1984, the City declined to respond to our May 16 factors, our proposal to accept the City-Police agreements on salaries and maintenance of membership but in-turn issued two final proposals: 1. One year agreement and then 2. Two year agreement For the first time during negotiations the CCEA heard: 1 2 3 . Two year proposal . An alleged salary survey . Nouns called comparisons, turnover, recru,ting, internal relationship, settlement, salary surveys., all with little or no data. 4. If CCEA doesn't accept the two year conditional proposal the City Council will impose the one year proposal. On May 25, 1984, City Manager Frank Aleshire reported in the San Diego Union: 1. City was under no obligation to disclose (salary) survey 2. Some of the information in the (salary) survey would be because it was confidential. released during future negotiations. On May 26, 1984, City Manager Frank Aleshire reported in the Carlsbad Journal: 1. City's offer would pay at or above county average, according 2. Irving should have been well aware city always bases its to city salary survey. proposal on waqes elsewhere. On April 26, 1984, the response of the City was that the City had not made reference to other agencies and further had not introduced any data from surveys, however, the City would distribute copies of th data to CCEA if and when they did. Finally, CCEA has yet to receive any data from the City with respect to the experience of insurance coverages which support City claims that rates will go up, maybe +20%. CCEA believes all of the above material constitutes grounds for unfair labor practice charges with respect to: - 1. Full communications 2. Free exchange of opinions, facts, information and proposals 3. Predeterminations 4. Interference by management staff with CCEA membes between May 16, 1984 and May 25, 1984 5. Adequate time to resolve impasse. -3- '4 6 . .* RESOLUTION OF IMPASSE The CCEA reuues-s on any non-counci 1984, or June 18, that the Carlsbad City Council schedile a public hearing 1984 to June 22, 1984, for impasse resolution. 1 meeting night the week of June 11, 1984 to June 15, The CCEA further requests a time certain starting time and an allowance of ninety (90) minutes for presentations from CCEA. STATE MEDIATION The CCEA believes that several unfair labor practices occurred following our meeting of May 16, 1984. CCEA proposes that the parties enlist the aid of an impartial mediator who can conduct private proceedings for the purpose of bridging our differences as of May 16, 1984 and assist the parties toward reaching a mutual agreement. Very truly yours, yl7.W \J J.K. Irving, Staff' Carlsbad City Employees Association -4-