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HomeMy WebLinkAbout1984-07-03; City Council; 7783-1; CCEA Impasse Resolve0 W > 0 cc TITLE: -*/ 4B# 77r3 7/3/84 MTG. PER DEPT. CCEA IMPASSE RESOLVE a. a 4 DEPT.HD. I! CITY MOR. cin JF CARLSBAD - AGENDA JILL RECOMMENDED ACTION: 1. By motion determine to resolve the impasse by action of the City Council. 2. Adopt Resolution No. 7646 resolving an impasse and directing certain compensation changes for employees represented by the Carlsbad City Employees' Association. ITEM EXPLANATION: City and CCEA 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 moved to impasse. CCEA requested the impasse procedure be modified to bypass the Municipal Employee Relations Officer hearing usually conducted by the City Manager. The City agreed to this modifi- cation and, therefore, the matter is referred to the City-Council for resolution. On June 19, 1984, as the council was scheduled to hear the impasse, CCEA made a new proposal. Council directed the parties to meet and confer again. The parties met on June 22 & 28, 1984 and once again CCEA moved to impasse. A hearing before the Municipal Employee Relations Officer was held at 9:00 a.m., Friday, June 29, 1984. It was determined that an impasse existed and agreed that the City Council should resolve the impasse. The matter is returned to the City Council for resolution. FISCAL IMPACT: The fiscal impact of implementing the City's last offer will be approximately $216,000 annually. EXHIBITS : 1. CCEA letter to the City Manager requesting an impasse hearing, dated May 30, 1984. 2. City Manager's memorandum to the City Council stating final positions of the parties, dated May 31, 1984. CCEA letter to Personnel Director rescinding impasse, dated May 30, 1984. CCEA of date and time of rescheduled hearing. 3. 4. Assistant City Manager's letter of June 14, 1984, informing 5. City Manager's memorandum to City Council stating final position of the parties, dated July 3, 1984. Page 2 of Agenda Bill # 7783-*/ EXHIBITS cont. 6. Resolution No. 7646 resolving an impasse and directing compensation changes for employees represented by the Carlsbad City Employees' Association. a .- May 30, 1984 Jerome Pieti Chief Negotiator City of Carlsbad SUBJECT : Meet and Confer City v. CCEA Gent 1 emen : FORWARD Prank Aleshire Municipal Employee Relations Officer City of Carlsbad On May 2 that the the two 4, 1984, the C.C.E.A. was given notice of two City proposals (2) city proposals be forwarded to CCEA members for a vote. city described as "Final Proposals" along with a demand that 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. I. ORDINANCE 1181 7 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: - CCEA - CITY - 7% salary 6-18-84 6% 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 Treaury employee benefits and 50% to City Treasury 3 111. 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: 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 + $4.00) +.08% +.008% +.?% +. 02% = +13.5% +.004% +.?$ +.013% +.?% 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- 4 On May 23, 1984, the City declined to respond to cur 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. TWO year proposal 2. An alleged salary survey 3. Nouns called comparisons, turnover, recruiting, 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- RESOLUTION OF IMPASSE The CCEA requests that the Carlsbad City Council schedule a public hearing on any non-council meeting night the week of June 11, 1984 to June 15, 1984, or June 18, 1984 to June 22, 1984, for impasse resolution. The CCEA further requests a time certain starting time and an allowance of ninety (90) minutes for presentations from CCEA. V. 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, \ 7 2 %A+? J.K. Irving, Staff Carlsbad City Employees Association -4- 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 lo, 1984 through May 248 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 $-additional $5 Employee + 1 dependent $7 additional $7 Employee + 2 or more dependents $10 additional $10 - Page 2 Impasse Rei to City Council dated : - 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. FA/JNP/vs June 8 1984 Jewry Pieti Personel- Director City of Carlabad The board of directors of CCEA hereby rsscinds it’s impaase letter of 30 1984. The board has decided to ham a re--vote of the issues first voted on Ihy 24 1984 by members. next Tuesday,June 12 ,1984, f’ron 11:OOA.L to 12 noon. The board. requests the cities permission to conduct the re=vote Thank you Patrick Kelley Vice President Carlsbad City Emloyees Assocition Qltp of Qarlsbab June 14, 1984 Lorraine Irving, President Carl sbad City Employee Association Based on the statement of you and CCEA Vice President, Pat Kelley to Jerry Pieti on June 12, 1984 following a vote by CCEA, the City understands that CCEA has declared an impasse in negotiations with the City. We also assume that you are still interested in waiving the requirement to hold an impasse hearing with the City Manager prior to referring the impasse to the City Council. Based on the above information, the City Manager reported the existence of an impasse to the City Council at its June 12, 1984 meeting. The City Council has therefore scheduled a hearing on Tuesday, June 19, 1984 at 6:OO P.M. to consider the impasse. issue as its first item of business in order to allow city employees to attend and participate in the process. The Council will consider this Sincerely, Assistant City Manager/ Admi ni strati on FM : dc TELEPHONE (619) 436-5581 CC: Mayor / City Council Personnel Director City Attorney J. K. Irving lo .- July 3, 1984 TO : Mayor and City Council FROM: City Manager IMPASSE =PORT At the impasse hearing scheduled for June 19, 1984 the Carlsbad City Employees' Association made a new proposal. Council directed the parties to meet and confer. CCEA and City representatives met at 1O:OO a.m., Thursday, Junef28, 1984. CCEA again moved to impasse. A copy of their notice dated June 28, 1984 is attached. The impasse was referred to the Municipal Employee Relations Officer for a hearing at 9:00 a.m., Friday, June 29, 1984. This hearing resulted in the determination that an impasse exists and parties agreed the City Council should resolve the impasse. The impasse is, therefore, referred to the City Council for resolution at 6:15 p.m., Tuesday, July 3, 1984. Parties final proposals are as shown below. CCEA DroDosals as of June 29. 1984. A. One Year. 1. Salary increase of 7% effective July 2, 1984. 2. Present.insurance provisions continue. 3. Any premium increases in insurance would be split 50/50 by the city and the employee, but in no case would an employee pay more than the following amounts of monthly increase. Employee Employee Employe e only $5 + 1 dependent $10 + 2 or more dependents $15 B. Two Year. 1. Salary increase of 7% effective July 2, 1984. Salary increase of 7% effective July 1, 1985. 2. Present insurance provisions continue. 3. Any premium increases in insurance would be split 50/50 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 '$2.50 add'l '$2.50 Employee + 1 dependent $5.00 add'l $5.00 Employee + 2 dependents $7.50 add'l $7.50 ' Page 2 Impasse memL Aty Manager to City Counc-1 CITY Offer. A. One Year. 1. Salary increase of 6% effective June 18, 1984. 2. Present insurance provisions continue. 3. Any premium increases in insurance would be split 50/50 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 B. Plan B Conditional on 2-year Agreement. 1. Salary increase 7% effective June 18, 1984. 2. Present insurance provisions continue. 3. Any premium increases in insurance would be split Salary increase 5% effective July 1, 1985. 50/50 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 $5 $5 Employee + 1 dependent $7 $7 Employee + 2 or more dependents $10 add'l $10 - FRANK ALESHIRE FA/ JNP/vs .. t 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 le 17 1E 1s 2c 21 22 2: 24 2: 2€ 27 2E RESOLUTION NO. 7646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RESOLVING AN IMPASSE AND DIRECTING CERTAIN COMPEN- SATION CHANGES FOR EMPLOYEES REPRESENTED BY THE CARLSBAD CITY EMPLOYEES ASSOCIATION. WHEREAS, representatives of the City and the Carlsbad City :mployees Association have met in accordance with the provisions )f state law and Chapter 2.48 of the Carlsbad Municipal Code .n an effort to reach agreement concerning salary and other :erms and conditions of employment for Fiscal Year 1984-85; and WHEREAS, the City representatives and the Carlsbad City Zmployees Association have been unable to reach an agreement; and WHEREAS, because of the failure to reach agreement an impasse exists and has been confirmed by the City Manager .- ?ursuant to the provisions of Chapter 2.48; and WHEREAS the City representatives and the Carlsbad City Zmployees Association have been unable to agree on another method to resolve the impasse, the matter is referred to the City 2ouncil; and WHEREAS, the City Council has determined to resolve the impasse under the authority of Section 2.48.130 of the Carlsbad qunicipal Code: NOW, THEREFORE, BE IT RESOLVED by the City Council of the Zity of Carlsbad, as follows: 1. That the above recitations are true and correct. 2. That, effective July 2, 1984, salary increases of six percent (6%) are authorized for represented classifications. xx xx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 5. 6. That, effective July 1, 1984, the City and employees shall share the cost of medical, dental, and vision insurance monthly premiums, but in no case will an employee pay more than the following amounts of monthly increase. Class Amount Employee Only $5.00 Employee + 1 Dependent $10.00 Employee + 2 dependents $15.00 That those economic elements of the employees' compensa- tion program which have been implemented by previous council action and which are unchanged by this resolution shall continue in effect. .. The City Manager shall prepare appropriate salary plans to implement this resolution and shall bring such document: to the council for adoption at the next regularly scheduled council meeting. PASSED, APPROVED, AND ADOPTED at an adjourned regular meeting Df the City Council held on the 3rd day of July , 1984, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Presc NOES : None ABSENT: None x- i/ &*L/ MARY H/CASLER, Mayor ITTEST: 64 4LETHA L. RAUTENkRANZ, City (SEAL)