HomeMy WebLinkAbout2013-08-27; City Council; 21340; Amendment to MOU with CCEA Regarding Article 44CITY OF CARLSBAD - AGENDA BILL 14
AB# 21.340 AMENDMENT TO THE 2013/2014 DEPT. HEAD
MTG. OS/27/13 MEMORANDUM OF UNDERSTANDING WITH CITYATTY. ^
DEPT. HR THE CARLSBAD CITY EMPLOYEES'
ASSOCIATION REGARDING ARTICLE 44
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2013-210 approving an amendment to Article 44 of the 2013/2014 Memorandum
of Understanding (MOU) between the City and the Carlsbad City Employees' Association (CCEA).
ITEM EXPLANATION:
Representatives ofthe City and the Carlsbad City Employees' Association (CCEA) reached an agreement
on June 18, 2013 and signed a Memorandum of Understanding with a January 1, 2013 - December 31,
2014 contract term. The MOU included a provision to reopen negotiations within 30 days of ratification
of the MOU to discuss changes to Article 44 of the MOU which outlines the process for layoff.
The parties met on June 25, 2013 and reached a tentative agreement on revisions to Article 44 ofthe
CCEA 2013/2014 MOU. The revisions are minor and include the following changes:
• If two employees have identical City Service seniority, the order of layoff or demotion will be
determined by using randomizing software instead of using the alphabetical order of the
employees' surnames to determine seniority.
• Language has been added to incorporate a side letter agreement approved by the City Council
on June 12, 2012 which allows for any CCEA represented employee who is involuntarily
separated from City service due to layoff to receive one (1) month's salary as severance pay.
• Paragraphs within the document have been reordered to make the process easier to follow.
The amended language is attached as Exhibit 2.
FISCAL IMPACT;
There is no fiscal impact associated with this action.
DEPARTMENT CONTACT: Julie Clark 760-602-2440 iclar(5)ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE •
UNKNOWN
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES
AMENDED •
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ENVIRONMENTAL IMPAa;
The proposed action does not qualify as a "project" under the California Environmental Quality Act
(CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonably
foreseeable indirect physical change in the environment.
EXHIBITS:
1. Resolution No. 2Q13-210 approving an amendment to the 2013/2014 Memorandum of
Understanding between the City of Carlsbad and the Carlsbad City Employees' Association
(CCEA) regarding Article 44 - Layoff.
2. Amendment to the 2013/2014 Memorandum of Understanding between the City of Carlsbad
and the Carlsbad City Employees Association (CCEA) - Article 44 (Layoff)
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RESOLUTION NO. 2013-210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY CARLSBAD,
CALIFORNIA, APPROVING AN AMENDMENT TO XHE 2013/14
MEMORANDUM OF UNDERSTANDING, ARTICLE 44 -^YOFF, BETWEEN
THE CITY OF CARLSBAD AND THE CARLSBAQ/CITY EMPLOYEES'
ASSOCIATION (CCEA)
WHEREAS, representatives of the City y6 t|?(^'X^sbad City\mployees' A^ciation
(CCEA) met and conferred and reached agreeji^nt on a MemN^ndum ojundersta|?«ing (MOU)
for the period from January 1, 2013 to De^ber 31, 2014; and
WHEREAS, the MOU included a^rovision to r^pen nQ^ftti^ons ^\\\/\ 30 days of
ratification of the MOU to discussjfnanges to Article 44 O^he MOU whicj^utlines the process
for layoff; and
WHEREAS, the parti«^have re
the CCEA MOU which th^desire to s
and
WHEREASJfhe City Counc\has
;d al^h^ative agreemen^n revisions to Article 44 of
bliit to the Cljty Council tor consideration and approval;
detef
an agreement the form of an
between j/e City of Carlsbad
Amei
it to b^in the public interest to accept such
flment to the 2oi3/14 Memorandum of Understanding
sbad Citff Employees' Association (CCEA) - Article 44 le Ca
(LayofjlTmarked as Exhibit 2 and incorporated^y reference herein.
NOW, THEREFORE, BE IT RESOLVE/by the City Council for the City of Carlsbad,
fTfornia, as follows:
1. That the above recyfetions are true and correct.
2. That the Amenq/ient to the 2013/14 Memorandum of Understanding between
the City of Carlsbad and tha^arlsbad City Employees' Association (CCEA) set forth in Exhibit 2,
attached hereto and made a part hereof, is adopted.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the day of , 2013, by the following vote to wit:
AYES:
NOES:
ABSENT:
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(SEAL)
AMENDMENT TO THE 2013/14 MEMORANDUM OF UNDEBSTANDING
BETWEEN THE CITY OF CARLSBAD AND THE CARUBBAD CITY
EMPLOYEES' ASSOCIATION:
ARTICLE 44 (LAYOFF)
Effective: Upon City Council Aftl^roval
This amendment memorializes an agreement reaaned between the City of
Carlsbad and the Carlsbad City Employees' Asafciation (CCEA) to change
Article 44 ofthe 2013-2014 Memorandum of Understanding (MOU) entered into
between the City and CCEA. All other terma^nd conditions of the existing MOU^
shall remain in full force and effect. The cJpfenges are as follows:
Article 44 Layoff
Layoff: The City may layoff an ei/plc^ee in the nW servicel)ecause/^ material
change in duties or organizatio)fror shortage of worlNyjd fuoGs. Th^ity will use
its best efforts to give the em#oyees asl^h notice as o/^sible wjjfri a minimum
of fourteen (14) calendaryGays prior to THg effecjij^date ova layoff. The
appointing authority or dofsignee shall notify TKe HfUman Reso/ces Director of
the intended action with/reasons therefore, A co|W of such nojlrce shall be given
the employee affectecfc^nd CCB^TTR^sj^me of the employe laid off shall be
placed on the approonate reenft|oyment lish^s provided by/iese rules.
Reduction in Fo/e Proredure
probationary ai
work force.
permanVit emj
The folloving procedures will apply to all
)yees in thjl event p\ a reduction in the City
(a) Citv s/vice Seniority:
period o^otal continuous se
original/ppointment. This shall ii
(b) yrder of Reduction In*
Service Seniority shall be determined as the
;e with the City/s measured from the date of
^lude periods T authorized leaves of absence.
Whene^r there is a reduction in force.
em/oyees shall be selected for layoffs in/ie following order: (1) hourly and
te/porary employees in the affected clarification series; (2) provisional and
lited term employees in reverse ord^of their City Service Seniority in the
Effected classification series; (3) City pybationary employees in reverse order of
^their City Service Seniority in the aff^ed classification series; (4) and regular
employees in reverse order of thjnr City Service Seniority in the affected
classification.
(c) Reduction in Force-Demotio/ Whenever there is a reduction in the work
force in which one or more em]/)yees in a classification has been identified for
layoff, the City shall demote th|l employee in that classification with the highest
City Service Seniority to a v^ncy. The employee identified for demotion to the
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vacant classification must have previously served in that classification and be
determined to be currently qualified. An employee may refuse to accept a
demotion and accept layoff without jeopardizing reemployment rights othej/ise
provided for in this procedure.
(d) Notification: Whenever there is a reduction in the work force reo^ng layoff,
the City shall send written notice to the last known address of e^h employee
affected by a layoff with copy to CCEA. The notice shall includ^the (1) reason
for layoff, (2) classes to which the employee may demote withiifi the City, if any,
(3) effective date of action, (4) conditions governin^etention on and
reinstatement from reemployment lists, and (5) rule^egarding waiver of
reinstatement and voluntary withdrawal from the reemployment list.
(e^ Determinino Order of Layoff and Demotion for Enifelovees With Identical Citv
Service Seniority: Should two or more employee^have identical City Service
Seniority, the order of layoff and demotion will/e determined by the Human
Resources Director who will use randomizing souare to determine seniority.
(f) Transfer: All effort will be made by the Citfto transfer any employee who is to
be affected by a reduction in force to anther vacant position for which such
employee may qualify.
(g) Order and Method of DemoWo/ Pursuant to a Reduction in Force-
Bumping: When required due to / reduction in force, employees shall be
demoted in the following manner:
(1) Employees who are demoted, who have held permanent status in a
lower classification shal^ave the right to bump employees of lesser City
Service Seniority in thaflower classification.
(2) Employees who/ave not actually held status in a lower classification
shall be allowed tc^emote to a vacant position or to a position held by a
City probationaryi§mployee in such lower class, but may not bump regular
City employeesiflready in that lower classification.
(h) Reinstatement off Employees Demoted as a Result of a Reduction in Work
Force: Employeeywho are demoted as a result of a reduction in force shall have
their names placed on a reinstatement list, in order of their City Service
Seniority. Vaofant positions in which an employee has served within a
classificationyeries shall first be offered to employees on this list.
(i) Reemplrovment of Employees Laid Off as a Result of a Reduction in
Force: Bmployees who are laid off and who held permanent City status at the
time oylayoff shall have their names placed on a reemployment list for
classififations at the same or lower salary range for which they qualify in the
order of their City Service Seniority. Vacant positions in such classifications will
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be offered to eligible individuals on the reemployment list who qualify for such
vacancies prior to an open or promotional recruitment.
(j) Duration of Reinstatement and Reemployment Lists: The eligibilit^^f
individuals on the reinstatement and reemployment list shall extend for a O^riod
of two years from the date of demotion or layoff. Eligible individu^s not
responding to written notification of an opening after fourteen (14) cale/ifSar days
shall have their names removed from either the reemployment or restatement
list.
(k) Restoration of Benefits Upon Reemployment Followinc/a Reduction in
Force: Upon reemployment following a reduction in force, ap^ndividual will have
the following benefits restored:
(1) Prior sick leave accruals.
(2) City Service Seniority at time of layoffibr purposes of determining
merit increases, vacation accruals and futijfie reduction in force.
(3) The salary paid to an employee whons reemployed shall be equivalent
to the salary paid at the time of la^. If the employee chooses to be
reemployed in a classification whi^f has a salary range lower than the
classification from which he/she wjjfe laid off, then salary placement will be
equivalent to the salary paid at the time of layoff, or at the top of the salary
range of the lower classificatiojr as reflected in the current effective salary
plan at the time of reemployri^nt, whichever is lower.
(I) Payoff of Accruals Upon Lay6ff: Laid off employees are to be paid for all
accrued holiday, vacation, conyfensation time and overtime when separated as a
result of a layoff. The sick laeve accruals of such employee will remain on the
books and will be reinstatecj/they are reappointed,
(m) Retirement Contribij/on: The disposition of the retirement contributions of a
laid off employee shal^e governed by the provisions of the State of California
Public Employees' Recrement Law as contained in the Government Code.
(n) Severance: AlliCCEA represented employees involuntarily separated from the
City service duy to layoff shall receive one month's salary computed at the
employee's act/al salary at the time of separation.
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It is the understanding of the City and CCEA that this amendment is of no force
or effect whatsoever unless and until adopted by resolution of the City Council -
the City.
IN WITNESS WHEREOF, the City and CCEA have executed this
amendment to the Memorandum of Understanding on the dates set foiyrbelow.
On Behalf of the City of Carlsbad: On Behalf of CCEA:
By:
APPROVW AS TO FORM
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