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HomeMy WebLinkAbout1976-07-06; City Council; Resolution 39541 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 RESOLUTION NO. 3954 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD CITY EMPLOYEES ASSOCIATION. WHEREAS, representatives of Management and the Carlsbad City Employees Association have been conducting negotiations pursuant to the Meyers-Milias-Brown Act regarding wages and other terms and conditions of employment for the 1976-77 fiscal year; 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 of the City of Carlsbad 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 said Memo- randum by incorporating its terms into the salary plan for fiscal year 1976-77 and the personnel rules of the City of Carlsbad and by other appropriate actions as necessary in accord with its terms. /// /// 1 2 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of July , 1976, by the following vote, to wit: 6 4 5 7 AYES : NOES : None Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler 8 11 9 3.; 1: 1i 11 It 1: 1E 1Z 2( 21 22 22 24 25 26 27 28 ATTEST: (seal) : R ERT C. FRAZEE, M or -2- MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this 28th day of June , 1976 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 (hereinafter referred to as "CCEA" or "Employees"). PREAMBLE It is the purpose of this Memorandum of Understanding (herein- after referred to as "Memorandum") to promote and provide for harmonious relations, cooperation and understanding between the City management representatives and the miscellaneous employees covered under this Memorandum; 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 jointly to submit and recommend for City Council approval and implementation. ARTICLE 1. RECOGNITION The City of Carlsbad recognizes CCEA as the sole and exclusive majority representative for all classifications in this Unit, as set forth in Attachment A of the Petition for Formal Recognition, submitted on February 11, 1976, and approved on April 20, 1976, in accordance with the provisions of Section 2.48.090 (1) of the Carlsbad Municipal Code. ARTICLE 2. IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be It is agreed that this jointly submitted to the City Council. Memorandum shall not be binding upon the parties either in whole or in part unless and until: A. The City Council acts, by majority vote, formally to approve and adopt said Memorandum. B. The City Council acts to appropriate the necessary funds required to implement the provisions of this Memorandum which require funding. 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. 2. ARTICLE 3. TERM The term of this Memorandum shall commence on the date when the terms and conditions for its effectiveness, as set forth in Implementation, are fully met: but in no event shall said Memorandum become effective prior to 12:Ol a.m. on July 1, 1976. This Memorandum shall expire and otherwise be fully terminated at 12:OO midnight on June 30, 1978. ARTICLE 4. RENEGOTIATION Section 1. In the event either party desires to meet and confer in good faith on the provisions of a successor Memorandum, such party shall serve upon the other party, during the period from December 1, 1977 to February 1, 1978, its written request to commence meeting and conferring in good faith as well as its full and entire written proposal for such successor Memorandum, with the exception of salary proposals which shall be presented no later than March 1, 1978. Upon receipt of such written notice and proposals, meet and confer shall begin no later than March 1, 1978. Section 2. Nothing contained in this Memorandum shall preclude petition of either party with reasonable advance written notice to the other to reopen negotiations on issues of a non-economic nature, but having a direct bearing upon the employees of this unit. Section 3. Unless the City serves upon CCEA by March 1, 1978, full entire written proposals to amend, add to, delete or otherwise change any of the provisions of this Memorandum, this Memorandum shall constitute City's full proposal for a successor agreement, except in the matter of salaries or other economic provision. receipt of such notice and proposals, meet and confer shall begin no later than March 1, 1978. 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. Upon Section 4. 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, and from year to year thereafter subject to reopening in the manner and on the day and month speci- fied in Section 1 of this Article. 3. ARTICLE 5. NON-DISCRIMINATION The parties mutually recognize and agree fully to protect the rights of all employees covered hereby to join and participate in the activities of CCEA and all other rights guaranteed by law. coerced or discriminated against because of the exercise of these rights. No employees shall be interfered with, intimidated, restrained, The provisions of this Memorandum shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, sex, age, national origin, political or religious opinions or affiliations. The parties agree to support the Affirmative Action Program established by the City. ARTICLE 6. RETENTION OF BENEFITS The employees of the City of Carlsbad shall retain all present benefits for the term of this agreement, with the exception of certain amendments proposed in Articles 7, 8, 9, 10, 11, and 12. ARTICLE 7. COMPENSATION ADJUSTMENTS The parties agree to recommend the City Council amend the existing City Salary Plan, as amended, adopted by City Council Resolution 3700, July 17, 1975, to provide for a salary increase in the amount of Fifty-five Dollars ($55.00) per month for each employee subject to the provisions of this Memorandum for the period July 1, 1976, to June 30, 1977. The parties further agree to recommend that the City Council amend the above salary plan change prior to June 30, 1977, to provide for a salary increase in the amount of Fifty-five Dollars ($55.00) per month per employee subject to the provisions of this Memorandum for the period July 1, 1977, to June 30, 1978. The above described amendments are to be computed, based upon the above described and agreed to amounts, in increments applicable to each range and step in the salary plan and providing for twenty- six (26) biweekly pay periods in each of the two (2) inclusive fiscal years. ARTICLE 8. HEALTH AND MEDICAL INSURANCE City agrees to amend the present Health and Medical Insurance Policy coverage for employees subject to the provisions of this Memorandum as follows: -Major medical room and board insured costs from $80.00 per day to $105.00 per day; 0 4. -RVS for surgeon fees from insured costs of $10.00 per unit to $14.00 per unit; -RVS for anesthesia fees from insured costs of $10.00 per unit to $17.00 per unit. -Out-patient psychiatric care from 50% of present insured costs of $40.00 per treatment to 50% of insured costs of $60.00 per treatment; -Intensive care fees from $144.00 per day to $262.50 per day; such increases to be maintained by the City with its present carrier, Crown Life, Inc. of Canada, or any other insurer the City may contract with during the term of this Memorandum. ARTICLE 9. LONGEVITY COMPENSATION The parties agree to recommend that the City Council amend the existing Salary Plan to provide for the addition of two Salary Steps to the Salary Plan. These shall be Step L1 and L2. Salary Step L1 shall apply to any range in the Salary Plan to provide for a five percent (5%) increase of base salary for those employees subject to the provisions of this Memorandum who, on or after July 1, 1976, have attained five (5) continuous years of service in the City of Carlsbad at the 'E' Step of the same salary range in the Salary Plan. Employees who have accrued all or part of five (5) years of continuous service at the 'E' Step of the same salary range prior to July 1, 1976, may credit this service toward the service requirement for movement to Salary Step L1. In any case where an employee is promoted and moves from the employee's existing class to another class, allocated to a higher range of compensation, the employee shall be advanced to the lowest step in such higher range which will provide a five percent (5%) salary increase. Salary Step L2 shall apply to any range in the Salary Plan to provide for a two and one-half percent (2-1/2%) increase of basic salary for those employees subject to the provisions of this Memorandum who, on or after July 1, 1976, have attained ten (10) continuous years of service in the City of Carlsbad at the 'E' Step of the same salary range in the Salary Plan. Eligibility for Salary Step L2 is contingent upon the employee being recommended for such salary step by the employee's department head and such recommendation being approved by the City Manager. Failure of the department head to recommend and of the City Manager to approve shall not constitute grounds for submission of a grievance or an appeal to the Personnel Board. Employees who have accrued all or part of ten (10) years of continuous service at the 'E' Step of the same salary range, prior to July 1, 1976, may credit this service toward the service requirement for movement to Salary Step L2. In any case where an employee is promoted and moves from the employee's existing class to another class allocated 5. to a higher range of compensation, the employee shall be advanced to the lowest step in such higher range which will provide a five percent (5%) salary increase. In consideration of the institution of Salary Step L1 and L2 the parties agree to recommend to the City Council that the Educational Incentive Program, established by the Memorandum of Understanding between the City and CCEA on June 9, 1972, shall be null and void as of July 1, 1976. On that date and thereafter no employee subject to the provisions of this Memorandum shall request, nor receive, any incentive salary payments as a result of any type of educational credit attainment, regardless of when such credits were attained. As of June 30, 1976, any and all educational incen- tive salary supplements currently being provided to employees subject to the provisions of this Memorandum shall cease. Those employees currently receiving Educational Incentive Program supple- ments shall revert to the base salary amount determined by their Salary Range and Step. ARTICLE 10. DISPOSITION OF ACCUMULATED SICK LEAVE Parties agree to recommend to the City Council that as of June 30, 1976, Section 8, Rule XI, Resignations, City of Carlsbad Personnel Rules and Regulations, quoted below, be rescinded. "An employee, who terminates in good standing after ten (10) years of continuous City services or by death, shall be paid one-fourth (1/4) of his accum- ulated unused sick leave. An employee, after fifteen (15) years of continuous City service, upon termina- tion or retirement in good standing or by death, shall be paid one-half (1/2) of his accumlated unused sick leave. Payment for unused sick leave shall be com- puted on the highest average monthly base salary during any period of three consecutive years during employment with the City." In consideration of the above agreement parties recommend to the City Council that the City pay each employee, subject to the provisions of this Memorandum, who as of June 30, 1976, meets the service requirements as stated in Section 8, Rule XI, quoted above, a cash settlement for accrued sick leave greater than the amount of two hundred forty (240) hours; eligibility for such cash settlement to be based upon approval of both parties of a list of eligible employees provided by-the City, showing by name the eligible employees and their accrued sick leave, total accrued sick leave stated in hours and their hourly rate of pay as of June 30, 1976, exclusive of any-Educational Incentive Program salary supplement. Such list to be distributed to the members of CCEA by the City for possible challenge or amendment within five working days. If after five working days no challenges are received and/or all amendments are completed the list shall be considered correct by both parties and agreement indicated by recording signatures of the authorized agents of both parties to said list. Payment shall be further contingent 6. 0 upon receipt of a signed and dated request each eligible employee, stating the total number of accrued sick leave hours greater than two hundred forty (240) hours of accrued sick leave that the eligible employee desires to be compensated for. Such requests to be received not later than July31,1976, by the Personnel Director, City of Carlsbad, and to contain a statement of understanding that any portion of accrued sick leave greater than two hundred forty (240) burs for which cash settlement is not requested will continue as an accrual but for which cash settlement may not be requested after July 31,1976. a lump sum or in installments with the manner and time of such pay- ments to be determined by the City Manager, but in no case will payment be completed later than July 1, 1979. Payments of cash settlements shall be made in Parties further agree to recommend to the City Council that on or after July 1, 1976, the City proceed in a timely manner to amend its existing contract with the Public Employees' Retirement System of the State of California. The purpose and intent of the contract amendments will be to provide for changes in the manner in which employees subject to the provisions of this Memorandum are compensated for accrued sick leave- Specifically, the amend- ments will authorize the crediting of all accrued sick leave at the time of retirement from City service as service time counting toward total retirement service. Accrued sick leave will be converted to retirement service credits at a ratio of each twenty-five (25) days of accrued sick leave being equal to one (1) month of retire- ment service. ARTICLE 11. HOLIDAY CHANGE PariiFes agree to recommend to the City Council that the following holidays and no others be designated as paid holidays for all employees of the City of Carlsbad subject to the provisions of this Memorandum. July 5, 1976, Monday, Independence Day September 6, 1976, Monday, Labor Day October 11,-1976, Monday, Columbus Day November 11, 1976, Thursday, Veterans Day November 25, 1976, Thursday, Thanksgiving Day November 26, 1976, Friday, Thanksgiving Friday December 24, 1976, Friday, Christmas Day December 31, 1976, Friday, New Years Day February 11, 1977, Friday, Lincolns Birthday February 21, 1977, Monday, Washingtons Birthday May 30, 1977, Monday, Memorial Day July 4, 1977, Monday, Independence Day September 5, 1977, Monday, Labor Day October 10, 1977, Monday, Columbus Day November 11, 1977, Friday, Veterans Day November 24, 1977, Thursday, Thanksgiving Day November 25, 1977, Friday, Thanksgiving Friday December 26, 1977, Monday, Christmas Day January 2, 1978, Monday, New Years Day February 13, 1978, Monday, Monday, Lincolns Birthday February 20, 1978, Monday, Washingtons Birthday May 29, 1978, Monday, Memorial Day 7. Parties further agree to recommend to the City Council that four-day-work-week employees required to work the first two Fridays of each January be excused from working the second of these two Fridays in each January. Parties also agree that in any instance during the duration of this Memorandum wherein federal, state or other governmental bodies reschedule the holidays enumerated above, the above holidays may be rescheduled to comply with mandated changes. ARTICLE 12. TUITION ASSISTANCE Parties agree to form joint committee to be known as the Joint Tuition Assistance Advisory Committee, consisting of five (5) members. The chairman and one (1) member will de designated by the City Manager and three (3) members will be designated by CCEA. This joint committee shall convene for the purpose of developing rules for a Tuition Assistance Program which shall apply to employees subject to the provisions of this Memorandum; suah ruses to establish fiscal year maximums, stated in dollars, which an individual employee may claim as reimbursement for educational tuition costs; such rules to further establish the maximum number of credit hours per semester or quarter which an individual employee may enroll for and request reimbursement for educational tuition costs. These rules shall be forwarded to the City Manager for approval not later than August 1, 1976. If the City Manager fails to approve the recommended rules they shall be returned to the joint committee for reconsideration and returned to the City Manager for reconsider- ation of approval not later than September 1, resubmission the City Manager does not approve the recommended rules the Tuition Assistance Program review provision of this Memoran- dum shall be null and void and the program shall continue as it did prior to the execution of this Memorandum. 1976. If upon If rules recommended by the joint committee are accepted and approved by the City Manager the parties agree to recommend to the City Council that all previous terms and conditions for educational tuition reimbursement contained in memoranda of understanding, ordinances or resolutions be declared null and void as of a date established by the City Council; such voided rules to be replaced by those submitted by the joint committee, approved by the City Manager and adopted by City Council resolution. ARTICLE 13. OBLIGATION TO SUPPORT The parties agree that subsequent to the execution of this Memorandum of Understanding and during the period of time said Memorandum is pending before the City Council for action, neither CCEA nor the City, nor their authorized representatives, will appear before the City Council or meet with members of the City Council individually to advocate any amendment, addition or deletion to the terms and conditions of this Memorandum of Understanding. a. It is further understood that this Article shall not preclude the parties from appearing before the City Council nor meeting with individual members of the City Council to advocate or urge the adoption and approval of this Memorandum of Understanding in its entirety. ARTICLE 14. FULL UNDERSTANDING, MODIFICATION, WAIVER A. It is intended that this Memorandum of Understanding sets 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 affecting the employees in the unit. Where the City finds it necessary to make such change it shall notify CCEA indicating the proposed change prior to its implementation. If CCEA wishes to consult or negotiate with the City regarding the matter, CCEA shall notify the City within five 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 arising as a result of the change instituted by the City. Where the City makes such changes because of the require- ments 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 necessary 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. "Emergency" is defined as an unforeseen circumstance requiring immediate implementation of the change. Where the City makes any such change for reasons other than the requirements of law or an emergency, where such change would significantly affect the working conditions of a significantly large number of employees in the unit, where the subject matter of the change is subject to negotiations pursuant to the Employer- Employee Relations Ordinance, and where CCEA within the time limits provided requests to negotiate with the City, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the wages, hours, and other terms and conditions of employment of the employees in the unit. disagreement as to whether any proposed change is within the scope of negotiations, such disagreement may be submitted as an impasse to the City council for resolution. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the City Council If the Parties are in 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 City. D- Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unquali- fiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any subject or matter covered herein or 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 the 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: 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) 729-1181), except Fahere a particular City representa- tive is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CCEA's principal authorized agent shall be its President or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California, 92008; Telephone: (714) 729-1181). 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 -skate 10. Laws, federal and state regulations. If any part or provision 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 remain- der of this Memorandum of Understanding shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Under- standing the day, month and year first above written. CARLSBAD CITY EMPLOYEES' ASSOCIATION !7 n RAY F. BROOKHART, President . w: City Attorney